If we had confidence after a thorough investigation of the facts that the President of the United States did not commit obstruction of justice, we would so state. However, we are unable to reach that judgment.
That was about whether President Donald Trump committed obstruction of justice. Its found early in 紼喝梗梭梭梗娶s report of his into potentially criminal aspects of Donald Trumps campaign and presidency.
紼喝梗梭梭梗娶s on March 22 and published online with redactions on April 19 highlights 10 areas in which the president may have committed obstruction of justice. Ive read this 400-page document closely, and judging as a , I find multiple episodes that describe possible crimes.
These include: firing FBI Director James Comey, who was overseeing an investigation into possible collusion between Trumps 2016 campaign and the Russian government; attempting to curtail the special counsels investigation and fire Mueller; and making statements that could have discouraged former campaign aides from testifying truthfully.
After reviewing all 紼喝梗梭梭梗娶s evidence, Attorney General William Barr determined that the president did not obstruct justice. But Mueller concluded that he could , and indicated that Congress should consider the evidence.
Heres how lawmakers will determine whether Trump committed a crime.
1. Did Trump act corruptly?
According to , obstruction occurs when a person tries to impede or influence a trial, investigation or other official proceeding with threats or corrupt intent. Bribing a judge and destroying evidence are classic examples of obstruction.
Other actions may constitute obstruction, depending on the context. The law requires that there be both an intent to obstruct and that the subject acted, as Mueller writes, in a manner that is likely to obstruct justice.
For example, when national security adviser Michael Flynn became a target in the FBIs investigation of Russian election interference, Trump on Feb. 14, 2017 held a in the Oval Office.
There, according to Comey, he said, I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.
Soon after, Trump . Flynn ultimately of lying to the FBI about his conversation with Russias ambassador and is .
These episodes would if Trump pressured and then fired Comey for meaning willfully improper reasons, and if these actions were likely to impede the FBIs investigation.
2. Did Trump have criminal intent?
Determining intent is tricky for prosecutors. It requires them to make a subjective judgment about the suspects state of mind.
If Trump fired Comey in an effort to prevent the FBI from discovering incriminating information about him or his campaign, that would be corrupt.
Other reasons would not rise to the level of corrupt intent.
Mueller found that a key factor for Trumps dismissal of Comey appears to have been concern that the FBIs investigation was casting a cloud over his presidency and hurting his ability to govern. As president, Trump has the executive power to choose the FBI director he thinks is best suited to the job.
Congress will apply this corrupt intent standard to all the incidents of possible obstruction outlined in 紼喝梗梭梭梗娶s report.
3. Was interference likely?
Assessing whether a given action is likely to interfere in an investigation is a more objective determination.
The Mueller report is unambiguous about the negative implications of Trumps discussion with Comey about letting [Flynn] go.
The circumstances of the conversation show that the President was asking Comey to close the FBIs investigation into Flynn, it , citing Trumps insistence on meeting alone with Comey as evidence that the president did not want anyone else to hear him requesting that a federal inquiry be terminated.
Mueller also concludes that Trumps expressions of hope would reasonably be understood as a directive when issued by a president to his subordinate.
4. Is the sum greater than its parts?
Sometimes a single action or statement that alone does not constitute an illegal act may demonstrate obstruction of justice when viewed alongside other incidents, because it creates a pattern of corrupt behavior.
Trumps behavior toward Comey, for example, looks most damning when viewed alongside his many efforts to block the special counsels work.
Those include Trumps to have Deputy Attorney General Rod Rosenstein . That happened in May 2017, once it became that the special counsel would be investigating Trump for obstruction of justice.
Trump also pushed former Attorney General Jeff Sessions to , from which he had previously citing conflict of interest, and asking Sessions to narrow its scope.
These episodes are just a few of the the dozen or so incidents that, together, indicate Donald Trump may have conspired to obstruct justice in 2017 and 2018.
5. Can obstruction occur if collusion didnt?
In defending the president, Attorney General Barr has pointed to one important factor: Mueller found to conclude that Trump ever colluded with Russia, which would have been illegal.
Legally, however, obstruction can occur even in the absence of an underlying crime.
Trump could have interfered in the FBI and special counsel investigations not to protect himself from collusion charges but to avoid scrutiny of his financial relationships with Russia or to protect members of his family or inner circle. Six Trump staffers were .
Trumps verdict will come in 2020
The president has celebrated the Mueller reports release as the of federal investigations into his administration.
But congressional inquiries into the president . And further investigation might find evidence of other kinds of presidential misconduct.
In his report, Mueller wrote that Congress may decide to apply obstruction statutes to the president in accordance with our constitutional system of checks and balances and the principle that no person is above the law.
Committing obstruction of justice or other misconduct may constitute the kind of high crime or misdemeanor necessary to . Several Democratic lawmakers have now called for impeachment. So far, however, House leadership shows for impeachment, which would need bipartisan support in the Republican-led Senate to succeed in removing Trump from office.
Absent irrefutable new evidence of criminality that changes the minds of Republican lawmakers and voters, the American public will render its verdict on Trumps presidency in November 2020.
