The case against Trump obstruction of justice

Trump obsession has only intensified after the Mueller Report didn’t meet expectations. The latest effort to remove Trump from office is to scream “obstruction of justice” since the absurd charge of “colluding with Russia” didn’t pan out.

Mueller reported that there were potential areas of obstruction and so a bunch of prosecutors have lined up to sign a letter stating that the case could and should be made. What is their case?

Elie Honig, former prosecutor (I wonder why?) now CNN panel discussion hack that focuses on everything rotten about Trump, gives a list of examples in a CNN article of what he considers obstruction of justice. 

  1. Trump wanted FBI James Comey to drop the investigation of National Security Director Micheal Flynn. As spelled out by Comey, Trump told him Flynn’s a good guy and he would hope that Comey would let the matter go. Trump suggested Comey drop it, he didn’t order it. But if he ordered it there’s still no obstruction because the president is the chief law enforcer and so he’s well within his constitutional duty to do so. But he didn’t. How does this obstruct anything?
  2. Firing Comey to derail the investigation. Into what? Comey himself told Trump he wasn’t being investigated. Trump wanted Comey to make that public. He didn’t. He was fired. Another instance the president was well within his constitutional right to exercise an action. But let’s assume that obstruction was the intent. Firing Comey would not do the trick because ongoing investigations proceed regardless of who’s in charge and Trump was not the focus of the investigation anyway.
  3. Trying to curtail the Mueller investigation I don’t know what this refers to Honig doesn’t explain it. Mueller found no underlying crime so what would be the point? Mueller proceed uninhibited anyway so what does curtail even mean? Trump could have just removed Mueller and replaced him with someone else or just ended the investigation wholesale since it’s his right to do so. He didn’t. Where’s the obstruction?
  4. Trying to have White House Counsel Don McGahn instruct Deputy Attorney General Rod Rosenstein to remove Mueller. Just like the previous example firing Mueller, like Comey, would not stop the investigation. If Trump wanted to stop an investigation he would have stopped the investigation and the argument would be over motive which falls under a political question, not legal. And what’s with this “trying” business anyway? Trump or any other president doesn’t have to “try” anything. He could just order Rosenstein (who oversaw the Mueller investigation) to do whatever he wants. 
  5. Trying to convince McGahn to lie about the effort to remove Mueller. This makes the assumption that a New York Times article was correct when it reported that Trump told Rosenstein to fire Mueller. According to the Attorney General Bob Barr ( and Trump and McGahn) Trump raised the issue of conflict of interest with Rob Rosenstein but left it to Rosenstein to make a decision. He kept Mueller in place but then again we see the word “trying” as though the president was powerless to do anything which he isn’t.
  6. Trying to dissuade Paul Manafort, Flynn and others from providing information to Mueller. This is a throw in charge. Honig doesn’t explain this but let’s look at it logically. Mueller found no collusion which means there was no collusion. If there is no collusion then exactly what information was Trump trying (that word again) to dissuade Manafort and Flynn from doing?

So Get-Trump is still in business and a lot of delusional people are being led by flim-flammers to remove a duly elected president from office. Their case is not about actual obstruction but speculation into the motivation of things they say Trump “tried” to do. This is what hacking democracy looks like.


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