Law & Justice: February 2018 Archives
... writes Andrew C. McCarthy for the millionth time. He's my favorite legal commentator on the never-ending Russia imbroglio.
Trump has intervened unhelpfully in a number of cases, as I've pointed out. Of course, we should disapprove of this. A president should not intercede in pending criminal investigations -- I'd prefer if he never did it, and he certainly shouldn't make a habit of it. It would be better if the president hewed to that norm and custom. It would have been better if Trump had not pled on Michael Flynn's behalf to FBI director James Comey -- just as it would have been better if Obama had not publicly announced in April 2016 that he did not believe Mrs. Clinton should be indicted. But the fact that it would be preferable for a president to refrain from signaling how he wants an investigation to turn out does not mean such signaling is tantamount to a criminal obstruction felony. The authority that FBI agents and prosecutors exercise when they weigh in on the merits of an investigation or prosecution is the president's power. There is no power that the president's subordinates may exercise but that he may not, regardless of what norms and customs counsel against it.
McCarthy points out (again) that President Trump can only be checked-and-balanced by Congress and the courts, not by any kind of legal action. The problem for Democrats is that impeaching the president requires political power that they don't have, so they strain for a law enforcement option that simply doesn't exist.
They prefer to imagine Special Counsel Robert Mueller cobbling together a magic-bullet obstruction charge that might knock their nemesis out of office. It is not going to happen.
