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What Exactly Is Obstruction of Justice - and Could Donald Trump Be Charged With the Crime?

By  02:20  No comments

It's been a hell of week for the Trump administration, but perhaps the biggest bombshell fell on May 16, when The New York Times revealed (through two anonymous sources at the White House) that President Donald Trump attempted to squash the FBI's investigation into his former National Security Adviser General Michael Flynn. According to The Times, Trump asked former FBI Director James Comey to "let this go" in reference to the Flynn probe.

Almost immediately following The Times's revelation, impeachment talk began to swirl across social media, and even among congressmen. The potential crime? Obstruction of justice. If Trump did indeed ask Comey to "let go" of the bureau's investigation into Flynn, as a memo written by Comey states, then the request might be considered obstruction of justice.

The exact definition of obstruction of justice is broad: it is a crime to impede any official investigation. Some states have specifically defined actions that constitute obstruction of justice; however, there is at least one federal law which stipulates "obstruction of proceedings before departments, agencies, and committees" as illegal.

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Julie O'Sullivan, a Georgetown Law professor who spoke with The Times, says Trump's actions could constitute obstruction of justice - but a prosecutor would have to prove Trump's intent was to end the investigation. Before impeachment proceedings can even be discussed, Congress must analyze all of the memos reportedly written by Comey about his interactions with the president before he was abruptly fired on May 11.

Republican Representative Jason Chaffetz, who chairs the House Oversight Committee, requested all of the related documents from the bureau hours after The Times story was published. In Chaffetz's letter, he specifically asks for "all memoranda, notes, summaries, and recording referring to or relating to any communications between Comey and the President."

President Bill Clinton and President Richard Nixon, the only two presidents to be tried for impeachment in the last century, were both charged with obstruction of justice. Though it might seem like Trump has committed any number of impeachable acts, it will be up to Congress to investigate (or appoint a special prosecutor to investigate) this specific incident. Given that Republicans control Congress, an impeachment proceeding seems unlikely - but increasingly less so than it was last week.



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