Is There an Obstruction Case against President Trump?
By Andrew C. McCarthy
February 17, 2018 4:00 AM
The justice department’s office of legal counsel should answer the question.
It has become more urgent to ask: Why is there a special counsel in the Russia investigation? At this point, that question should be put to the Justice Department’s Office of Legal Counsel — in the federal government, it’s the lawyers’ lawyer. To get down to brass tacks: May the president of the United States be charged with obstruction based on non-criminal discretionary acts that are unquestionably within his constitutional authority as chief executive?
Readers of these columns may recall that I opposed the appointment of a special counsel and have argued that the appointment was illegitimate. This has nothing to do with Robert Mueller, who has had a distinguished law-enforcement career for which he is justly admired. It has to do with first principles and clear regulations. As a matter of principle, the law-enforcement arm of government must operate on a presumption of innocence. Therefore, in this country, a prosecutor should be assigned only if there is strong evidence that a crime has been committed; in the absence of such evidence, a prosecutor should never be assigned to investigate whether an American may have committed some unknown crime.
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https://www.nationalreview.com/2018/02/donald-trump-russia-investigation-obstruction-justice-department-justice-office-legal-counsel/