Trump’s lawyers are seriously arguing, in a long memo to Mueller, that Trump can’t obstruct justice because as president he is justice himself.
President Trump’s lawyers have for months quietly waged a campaign to keep the special counsel from trying to force him to answer questions in the investigation into whether he obstructed justice, asserting that he cannot be compelled to testify and arguing in a confidential letter that he could not possibly have committed obstruction because he has unfettered authority over all federal investigations.
Including federal investigations into his own crimes. So a president can do anything at all and then simply shut down or forbid all federal investigations because his authority is that absolute.
So they’re saying presidents are dictators.
In a brash assertion of presidential power, the 20-page letter — sent to the special counsel, Robert S. Mueller III, and obtained by The New York Times — contends that the president cannot illegally obstruct any aspect of the investigation into Russia’s election meddling because the Constitution empowers him to, “if he wished, terminate the inquiry, or even exercise his power to pardon.”
[Read the Trump lawyers’ confidential memo to Mr. Mueller here.]
Other lawyers don’t agree.
Trump is saying he can put an end to any criminal investigation he & he can pardon anyone he wants to. In other words, he can insulate himself & his family if a jury votes to convict them. No other President has successfully set himself above the reach of the law until now. https://t.co/YN3r7Rc2Xn
— Joyce Alene (@JoyceWhiteVance) June 2, 2018
The President’s legal arguments would render whole sections of the Constitution moot, and allow a president to engage in any form of criminality and obstruct an investigation into his own wrongdoing. Nobody is above the law. Not this President. Not any president. https://t.co/DKpZizrpKl
— Adam Schiff (@RepAdamSchiff) June 2, 2018
This would be a valid legal argument — if our government were a dictatorship. Fortunately, we are a government of laws, not men. And in America, no one is above the law, including the president. https://t.co/yxtu9HUUkz
— Chuck Schumer (@SenSchumer) June 2, 2018
(I don’t know that Schumer is a lawyer. Whatever.)
The attempt to dissuade Mr. Mueller from seeking a grand jury subpoena is one of two fronts on which Mr. Trump’s lawyers are fighting. In recent weeks, they have also begun a public-relations campaign to discredit the investigation and in part to pre-empt a potentially damaging special counsel report that could prompt impeachment proceedings.
They have begun a public-relations campaign to discredit the investigation and the FBI and the Justice Department, all in the effort to shield the guy who is supposed to be working for the good of the country as a whole (and its people), not for himself.
Mr. Trump’s lawyers are gambling that Mr. Mueller may not want to risk an attempt to forge new legal ground by bringing a grand jury subpoena against a sitting president into a criminal proceeding.
“Ensuring that the office remains sacred and above the fray of shifting political winds and gamesmanship is of critical importance,” they wrote.
How can the office remain “sacred” when it’s occupied by that dreadful vulgar monster? He cheapens it with every word, every look, every gesture, every action, every photo op, and god knows every tweet.
“The president’s prime function as the chief executive ought not be hampered by requests for interview,” they wrote. “Having him testify demeans the office of the president before the world.”
That ship has sailed. That ship has made multiple circumnavigations of the globe; Trump himself demeans the office constantly. Having him testify would do a little bit to repair the damage he’s done by showing he’s not free to commit crimes and then laugh in our faces.
They also contended that nothing Mr. Trump did violated obstruction-of-justice statutes, making both a technical parsing of what one such law covers and a broad constitutional argument that Congress cannot infringe on how he exercises his power to supervise the executive branch. Because of the authority the Constitution gives him, it is impossible for him to obstruct justice by shutting down a case or firing a subordinate, no matter his motivation, they said.
If they’re right about it then this is a dictatorship. They’d better not be right.

