NYT: The Case For Obstructin Charges

This is a fairly conservative but argued piece that states the reasonable that there is a strong case for the charge of obstruction of justice.

"So far, the case against Mr. Trump involves three key events. First, James Comey said that when he was the F.B.I. director, the president told him in a Valentine’s Day chat, “I hope you can see your way clear to letting this go, to letting Flynn go.” Two Federal Courts of Appeals have held that similar “I hope” statements can — depending on the context — support charges of obstruction.

Second, President Trump reportedly asked the director of national intelligence, Daniel Coats, in a private meeting in late March if Coats could get the F.B.I. to back off its Flynn probe. President Nixon’s attempt to use the C.I.A. to shut down the Watergate investigation was one of the reasons the House Judiciary Committee voted for articles of impeachment on obstruction charges.
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Last, President Trump fired Mr. Comey on May 9 and then said on television that the firing was related to the Russia inquiry — a signal to Comey’s replacement, Acting Director Andrew McCabe, that he should roll back the investigation if he wanted to stay on as F.B.I. chief.

Even if none of those specific incidents would qualify as obstruction on its own, federal courts have said that an entire course of conduct can constitute obstruction. And whether Mr. Trump succeeded in his efforts is legally irrelevant, because federal law criminalizes attempted obstruction as well as successful obstruction. Nor does it matter whether there was an actual underlying crime.

The more difficult question involves intent — whether Mr. Trump acted “corruptly” when he sought to stymie the investigation. The president is the head of federal law enforcement, and prosecutorial discretion is a core element of executive power. No court would say that a prosecutor is guilty of obstruction for dropping a case because it is hard to prove, too expensive or even politically unpopular. How can a prosecutor’s boss be guilty of obstruction by telling the prosecutor to stop?

(SNIP)

The president’s constitutional responsibilities do make his standard of conduct more nuanced than that of an ordinary prosecutor. If Mr. Trump tried to block the investigation of Mr. Flynn because he believed that the inquiry would bring us to the brink of war with Russia, then that would suggest a noncorrupt intent. Mr. Mueller will have to ask not just what the president did but also why he did it. By carefully considering this question, Mr. Mueller would be fulfilling his mandate, which extends to obstruction allegations arising out of his initial investigation. And even if he decides not to charge the president, his findings may show that Mr. Trump has abused his power in ways that would warrant impeachment, if not indictment."

https://www.nytimes.com/2017/06/15/opinion/the-case-for-obstruction-charges.html