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Could Trump Be Prosecuted Or Impeached For Obstructing Justice?

President Trump is not in danger of being charged with obstruction of justice, Alan Dershowitz declared this week.

The lawyer and author argued on Fox News that Trump broke no law in February, when he asked FBI Director James Comey to stop investigating former national security director Michael Flynn’s links to Russia. The president also acted within his constitutional authority when he fired Comey in May, according to Dershowitz.

The attorney disputed claims by California Sen. Dianne Feinstein and other Democrats that Justice Department special counsel Robert Mueller should file charges against Trump. Mueller is investigating allegations that the president’s campaign associates colluded with Kremlin operatives to interfere in the 2016 election.

Judge Andrew Napolitano, a judicial analyst for Fox News, disagreed with Dershowitz. “I do not know Sen. Feinstein, but she, in my view, is correct here,” the judge said. He explained that if Trump was trying to stop a federal investigation to protect himself, he could be vulnerable to prosecution. “Obstruction of justice is a crime no matter who commits it, if done for a corrupt purpose. It’s also an impeachable offense,” Napolitano said. However, he acknowledged that the criminal charge is “not easy to prove.”

Feinstein, the top-ranking Democrat on the Senate Judiciary Committee, said Sunday on NBC’s “Meet the Press” that the committee “has an investigation going (that) involves obstruction of justice and I think what we’re beginning to see is the putting together of a case.” She continued: “I see it in the hyper-frenetic attitude of the White House, the comments every day, the continual tweets. And I see it most importantly in what happened with the firing of Director Comey, and it is my belief that that is directly because he did not agree to lift the cloud of the Russia investigation. That’s obstruction of justice.”

Trump attorney John Dowd told Axios on Monday that a president “cannot obstruct justice because he is the chief law-enforcement officer under (the U.S. Constitution) and has every right to express his view of any case.” The lawyer was reacting to the fallout from Trump’s recent tweet admitting that he knew Flynn had lied to the FBI when he asked Comey to drop the bureau’s probe. Some legal experts believe the president opened himself to possible prosecution or impeachment. Dowd claimed that he was the author of Trump’s Twitter message, which he described as “sloppy.”

Democrats pounced on the tweet, calling it further evidence of obstructing justice. After Trump fired Comey, he publicly admitted on multiple occasions that his goal was to thwart the election-meddling probe. “This is a pretty substantial confession to essential knowledge elements of an obstruction of justice charge,” former National Security Agency lawyer Susan Hennessy tweeted.

The Hill pointed out that previous presidents, including Richard Nixon and Bill Clinton, also faced allegations of obstructing justice. Nixon resigned and later received a pardon from President Gerald Ford. The House of Representatives impeached Clinton, but he remained in office because the Senate declined to convict him.

Trump continues to maintain that there was “no collusion” between his campaign and Russia during last year’s presidential race.

Source: Fox News Insider
Photo: YouTube

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