? For any lawyers, law professors, or people who pretend to be lawyers on the internets

[Cicada]

5. The prosecutor can decline to prosecute. The President is the prosecutor.

The constitution vests executive power in the President. The President is in effect the top federal prosecutor. Prosecutors choose not to prosecute those who have broken the law every day. For instance where I live the federal prosecutor will not prosecute anyone caught growing fewer than 100 marijuana plants. If she tells an attorney in her office not to prosecute Bob caught growing 80 plants that is not obstruction of justice. At least I have never heard of a prosecutor charged for obstruction for declining to prosecute. So it seems to me Trump can successfully argue that his order to not prosecute Flynn is also not obstruction. And it is not permissible to prosecute one person for a crime when no one else has been charged for doing the same thing. That is why Comey said Hillary could not be prosecuted for emails. Yes the words of the statute read literally apply to her but no one else ever has been prosecuted who lacked an intent for the information to go to an unauthorized recipient. So Hillary may not be prosecuted. Same with Trump. Sorry - Trump surely deserves to go to jail for many things. But not this one in my legal opinion as a lawyer.