Trump's New Impeachable Offenses: Obstruction of Justice, Conspiracy, Abuse of Power

[L. Coyote]

96. The Brookings Institution Report: Presidential obstruction of justice: The case of Donald J. Trump

The Brookings Institution Report: Presidential obstruction of justice: The case of Donald J. Trump
Barry H. Berke, Noah Bookbinder, and Norman Eisen -- October 10, 2017

Note: Citizens for Responsibility and Ethics in Washington (CREW) is a party (and is providing representation to other parties) in active litigation involving President Trump and the administration. Noah Bookbinder is the executive director and Norman Eisen is the chair and co-founder of CREW. Barry Berke and Kramer Levin are outside pro bono counsel to CREW.

..... In this paper, we break down and analyze the question of whether President Trump may have obstructed justice and explain the criminal and congressional actions that could follow from an obstruction investigation. Addressing the possibility of criminal behavior by President Trump and the complicated issues it raises is not a task that we take lightly. Dissecting allegations of criminality leveled against an individual who has been duly elected president and who has sworn to preserve, protect, and defend our Constitution is an inherently solemn task. But it is our hope that by presenting a rigorous legal analysis of the potential case against the president, we will help the American people and their representatives understand the contours of the issues, regardless of whether it is eventually litigated in a court of law, the halls of Congress, or the court of public opinion.

Our paper proceeds in four parts. In Section I, we summarize the relevant facts and allegations that can be gleaned from witness testimony and credible media reports. In Section II, we explain the law governing obstruction of justice and how it applies to the apparent facts and allegations as currently known. In Section III, we lay out the options available after Special Counsel Mueller has completed his investigation. These options include referral of the case to Congress, indictment of the president, holding the case pending removal of the president, and closing the case without indictment. Finally, in Section IV, we discuss the actions that Congress could take concurrently with or in addition to Mueller’s investigation. We explain that although Congress’s decision to take those steps is ultimately governed by both political and legal standards, there is precedent for impeaching a president .....

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