Did Trump obstruct justice? Congress must determine that | Corey Brettschneider | Opinion | The Guardian:
by Corey Brettschneider (Fordham Law School)
If Congress finds enough evidence to support this claim, it is not only up to them to impeach and remove the president; it is up to future prosecutors to indict him.
In my view, the arguments for the current DOJ policy are so flawed that it should have been overridden. The indignity to the office comes from allowing a criminal president to continue to occupy it, not from indictments. And the idea that presidents are too busy to be indicted is simply false. The constitutionally enshrined impeachment process is also time-consuming. And as the example of President Clinton’s subpoenaed testimony in Clinton v Jones made clear, presidential schedulers can figure out how to balance a president’s responsibilities as chief executive with his participation in a legal proceeding. The failure to indict the president on obstruction was Barr’s responsibility, not Mueller’s. And in light of Barr’s heavily partisan pre-release press conference, this failure is both predictable and regrettable.
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