Sunday, July 09, 2017

Law professor says that obstruction case against Donald Trump is a slam dunk.

Courtesy of Business Insider:

In the weeks since the New York Times reported that President Trump allegedly asked James Comey to drop a pending criminal investigation of Michael Flynn, there has been much debate about whether the president committed obstruction of justice. 

Looking at the entire affair from the standpoint of strict legal analysis, there's just one conclusion: All available evidence says he did. 

Under such a plain legal analysis, of the sort my students and I conduct in the law school classroom, it is highly likely that special counsel Robert Mueller will find that there is a provable case that the president committed a federal felony offense. 

The Justice Department, as well as many scholars, have opined that a sitting president cannot be indicted and tried for a crime. So the ultimate issue, whatever Mueller's findings, will come down to the political question of impeachment. But Mueller's determination will be critical because the crime of obstruction would be the most legally potent charge in any impeachment debate, as it was in the articles of impeachment against both Presidents Nixon and Clinton. 

It's worth looking at the already strong publicly available evidence, as well as the supposed flaws in that case. Even taking into account possible shortcomings, the current case for an obstruction of justice charge is crystal clear.

The professor goes on to state categorically that the three basic legal elements of obstruction of justice are satisfied in this case.

First Trump's request to Comey that he drop the case against Michael Flynn clearly qualifies as an attempt to obstruct  an ongoing investigation.

Second the request was clearly made to rescue his former national security adviser from prosecution.

And third the attempt was made with the "corrupt intent" of obstructing justice.

According to Professor Samuel Buell that is all it takes for this case to move forward.

The professor does recognize that Trump's attorneys will have a number of tactics at their disposal for arguing that this case is without merit or that Trump is immune from prosecution, which is why it will be left up to the House and Senate to determine how to deal with Mueller's findings.

And while we have every reason to doubt that the Republicans will want to move for impeachment of their president, literally every day Trump does or says something so troubling that it may leave them with little choice in the end.

23 comments:

  1. Anonymous2:05 PM

    As the reporters made their exit, Putin gestured to them and reportedly asked Trump, "These are the ones who insulted you?"

    Who is the best obstructionist?

    Down with the scoundrels. Putin knows what to do and Trump is a good student. When they can be a team and work together, can you imagine all they will be able to accomplish for their security?

    The NYT is a big "fake news" pain in the orange ass.

    https://www.nytimes.com/2017/07/08/us/politics/trump-russia-kushner-manafort.html

    Russian lawyer Natalia Veselnitskaya said she had information that individuals connected to Russia were supporting Hillary Clinton

    https://www.theguardian.com/us-news/2017/jul/09/donald-trump-jr-russia-hillary-clinton

    ReplyDelete
  2. abbafan2:17 PM

    The dumb fuck looks like a braying ass, just like that asshole palin! Both of them are retarded fuckin' traitors!!

    ReplyDelete
  3. They'll never impeach him.

    If he doesn't die in office, it will come down to unability to hide his mental incompetence. But only if he is responsible for them losing enough seats in 2018.

    It will be all on him because heaven knows the Democrats have no plan and aren't doing anything to ensure any wins in 2018. Or 2020.

    ReplyDelete
  4. Anonymous2:40 PM

    Somehow the national media is NOT highlighting this subject about Trump. Big business (i.e. Republicans seem to have a hold on them!!!) - specifically the media - (to include radio stations, newspapers, TV channels and cable).

    The Republican party is protecting Trump - on the national, state and local levels throughout the country.

    RESIST AND IMPEACH, Americans!

    ReplyDelete
  5. Anonymous2:47 PM

    Maybe we can get one foot in the door. Then start trump "rolling downhill like a snowball headed for hell" ! Merl Haggard.
    He has to go down.No question!

    ReplyDelete
    Replies
    1. Anonymous8:52 PM

      If Trump worked out a “deal” where the Russians would get the policies they wanted in exchange for helping Trump win the election, that is collusion, and this president may very well face impeachment. What is clear is that the scandal has now moved from inside the White House to Trump’s own children.

      Trump is desperate to kill his investigation because it may have the potential to not only kill his presidency but also destroy his entire business career.

      Delete
  6. All a waste of time. Congress is not going to impeach him regardless of what comes out. The best we can see is Kushner and Donald Jr with some others around Dirty Don get charged with some serious crimes and have to leave the scene. 2018 elections are what we need.

    ReplyDelete
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    1. Anonymous3:33 PM

      @3:13 - Yep. But 2018 reversals -- not so much, unless elections are democratic, voter suppression is stopped, gerrymandering is declare unconstitutional and paper ballots are used.

      Delete
    2. Anonymous4:16 PM

      Agreed about impeachment, and I wish more people would realize that it's simply NOT going to happen.

      Delete
    3. Anonymous7:55 PM

      What Don Jr. confirmed is gigantic. He thought he was bailing his father out, but all he did was confirm that the meeting did happen and that the Trump campaign was open for business on collusion with Russia. It appears that nearly the entire Trump campaign structure met with, or had contact with Russia.

      Jeff Sessions, Mike Flynn, Paul Manafort, Jared Kushner, and Donald Trump Jr. were some of the highest profile names in the Trump campaign.

      By Jason Easley on Sun, Jul 9th, 2017 at 6:34 pm

      http://www.politicususa.com/2017/07/09/donald-trump-jr-opened-door-congress-impeach-president-trump.html


      Delete
  7. Anonymous3:37 PM

    How can I break this to you: Never.Gonna.Happen. Trump's party is in full and absolute control of Congress. Impeachment is never going to happen.

    ReplyDelete
  8. Anonymous3:46 PM

    I don't see impeachment in my crystal balls yet, but there is always hope. One way or another Trump, Pence and the whole lot needs to go. They promised to make America great again, it would be a start if they would exit the stage.

    Thank the stars for the Daily Mail. They will get it from the horses mouth, WTF is going on with these wayward kids? Don, ask Sarah Palin how to control your tribe and get your story out your way to the DM.
    The NY Times will soon be extinct and there needs to be a replacement, like NOW.

    http://www.dailymail.co.uk/news/article-4680212/Don-Jr-promised-dirt-Hillary-meeting-lawyer.html


    Which American media press is the greatest? What is your choice to fill the void of the defunct NY Times?


    "Unfortunately, the cover is — literally — fake news."
    http://pagesix.com/2017/06/30/cnn-screws-up-again/

    Kushner said to have once tried to buy National Enquirer
    http://www.chicagotribune.com/business/ct-jared-kushner-national-enquirer-20170703-story.html


    Did Tax Payers Fund Hillary Digging Up Dirt On Trump? EXCLUSIVE DICK

    https://twitter.com/NatEnquirer/status/883025057752260609

    ReplyDelete
  9. https://www.yahoo.com/news/trumps-son-met-russian-lawyer-promise-information-clinton-211008062.html

    "President Donald Trump's son Donald Trump Jr. agreed to meet with a Kremlin-linked lawyer during the 2016 campaign after being promised damaging information about Hillary Clinton, the New York Times reported on Sunday, citing three advisers to the White House.

    Trump's then-campaign chairman, Paul Manafort, and his son-in-law, Jared Kushner, also attended the meeting, the Times reported.

    The Times quoted a statement from Donald Trump Jr. in which he acknowledged meeting with Russian lawyer Natalia Veselnitskaya."

    http://www.huffingtonpost.com/entry/donald-trump-jr-met-with-russian-lawyer-after-being-promised-damaging-intel-on-hillary-clinton-report_us_59629482e4b0615b9e926ea0?8&ncid=inblnkushpmg00000009

    "The eldest son of President Donald Trump met with a lawyer connected to the Russian government under the impression that she had damaging information on Trump’s presidential opponent Hillary Clinton, the New York Times reported Sunday.

    Donald Trump Jr. initially claimed the meeting with Kremlin-linked lawyer Natalia Veselnitskaya was simply to discuss an adoption program. But after further reporting, the Times discovered that Trump Jr. had been promised the information about Clinton before arranging the meeting.

    On Saturday, the Times uncovered the meeting, which took place June 2016, the first confirmed meeting between Trump’s inner circle and Russian figures during the presidential campaign, amid multiple investigations into whether Trump’s campaign colluded with Russia.

    The meeting was also attended by Trump’s then-campaign chairman Paul Manafort and son-in-law Jared Kushner, now a senior White House adviser."

    While I certainly believe the three met with the Russian and were promised damaging information about Clinton, I don't but the rest. I think this is damage control. They know it's going to come out so they are getting ahead by telling their version. And like all good lies, they've included as much of the truth as they can without damaging themselves. Then they've withheld anything that would damn them and modified what they could to deflect and mitigate.

    ReplyDelete
    Replies
    1. And he's caught in a LIE.

      http://www.huffingtonpost.com/entry/donald-trump-jr-met-with-russian-lawyer-after-being-promised-damaging-intel-on-hillary-clinton-report_us_59629482e4b0615b9e926ea0?8&ncid=inblnkushpmg00000009

      "Donald Trump Jr. initially claimed the meeting with Kremlin-linked lawyer Natalia Veselnitskaya was simply to discuss an adoption program. But after further reporting, the Times discovered that Trump Jr. had been promised the information about Clinton before arranging the meeting. Trump Jr. then released another statement that differed from his original explanation, offering two versions within a 24-hour period."

      Guess the rotten apple doesn't fall far from the twisted old tree.

      Both fucking LIARS.

      Delete
  10. Anonymous6:40 PM

    djtjr>
    http://www.politicususa.com/2017/07/09/donald-trump-jr-opened-door-congress-impeach-president-trump.html

    ReplyDelete
    Replies
    1. Anonymous7:51 PM

      By confirming that the Russia meeting happened, and what the Trump campaign expected to get out of the meeting, Donald Trump Jr. has blown the door wide open for impeaching his father.
      Former Clinton communications director, Jennifer Palmieri‏ summed up how badly Trump Jr. screwed up by confirming the Russia meeting story:

      Delete
    2. Anonymous9:48 PM

      http://talkingpointsmemo.com/edblog/taking-stock-of-the-times-blockbuster

      bust

      Delete
  11. OFF TOPIC. Looks as though the honeymoon is over between Barstool and Dumbkota. I haven't checked their Instagram pages for some time; looked the pages yesterday and today.

    She's at home with the three kids, pimping her "weight loss energy tea" and "fun, food, fit subscription box" while he's out chasing women, fishing, drinking beer, and allegedly taking flying lessons.

    Neither of their Instagram pages for the past few weeks mentions the other.

    Taking bets on how long before she leaves Austin TX and heads back to Wasilla.

    ReplyDelete
    Replies
    1. Anonymous9:56 PM

      What man would want to hang out with splodey butt diarrhea tea diet? She keeps pooping kids that don't look anything like that lying fake hero dud. Never a hint of a marriage license. Will we see a divorce? Just more selling crap and scamming.

      Delete
    2. Anonymous10:33 PM

      Bristol-Myers the squibb. Will she have another name change? She would want to continue to squeeze more blood out of that turnip of a Marine and the funny marriage thing.

      Delete
    3. Anonymous1:55 PM

      Sailor has her daddy's eyebrow. Looks like a Junker.

      Delete
    4. Anonymous1:57 PM

      Pretty much the same stupid comments from the same people over some plain looking kids.

      Delete
  12. Anonymous3:07 AM

    'literally every day Trump does or says something so troubling that it may leave them with little choice in the end. '

    -And so early in his tenure. And each time he tests the boundaries a *little* bit more... but this latest one seemed to be a bridge too far. Having Putin help with cybersecurity...what a farce! And he walked it back within hours. Who convinced him it was a bad idea, i wonder?

    ReplyDelete

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