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Principale » Atkins: President Trump isn't above law of the land

Atkins: President Trump isn't above law of the land

06 Décembre 2017

And I see it most importantly in what happened with the firing of Director Comey, and it is my belief that that is directly because he did not agree to "lift the cloud" of the Russian Federation investigation.

"The facts are disturbing and compelling on the President's intent to obstruct justice", Sessions said at the time, Politico reported, citing remarks in the congressional record.

The detail heightened scrutiny on a private Oval Office meeting between Trump and Comey the day after Flynn was sacked.

"President [Bill] Clinton was impeached for obstructing justice by telling witnesses to lie".

He concluded by saying that an "obstruction" case against President Trump would be both unprecedented and risky for the country. John Down is now floating the absurd legal theory that the president can't obstruct justice because he's the president.

Dershowitz appeared on "Fox and Friends" to say Trump had every right to tell then-FBI Director James Comey to drop the investigation into former national security adviser Michael Flynn.

On "America's Newsroom", Dershowitz explained that Flynn pleaded guilty to lying to the Federal Bureau of Investigation, and the last thing a prosecutor ever wants to do is to charge a key witness with lying.

Had that happened, Flynn would not have cooperated with the prosecution, or had been indicted, said Dershowitz. And while Attorney General is a Cabinet position whose appointee serves at the pleasure of the president, this honorific reflects the recognition in this country that the Department of Justice's prosecutorial powers must be exercised independently of the White House.

As the Congressional Research Service explains: "Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit". "Well, when the president does it, that means it is not illegal", Nixon famously responded.

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They really are getting desperate. And that's the forum where Trump's alleged misconduct will have to be judged first.

In 1977, three years after resigning amid scandal, former President Richard Nixon made a startling assertion in an interview with British journalist David Frost.

For example, a decision by a USA attorney or other prosecutor to discontinue a prosecution - even if for an improper motive such as to protect a friend - may not constitute obstruction, although it may open him to other sanctions.

Even if the law applies, though, it remains unclear whether a president could ever face criminal charges for breaking it.

Unlike a criminal case heard by a judge or jury, impeachment is a political process that comes down to votes: a majority in the US House of Representatives to impeach and a two-thirds vote of the US Senate to convict.

"For obstruction of justice by the president, you need clearly a legal act", Dershowitz said. "I certainly hope John Dowd has a lawyer better than John Dowd". Dowd had declined to comment when reached by the AP on Saturday night.

In an interview with Axios on Monday about whether President Trump knew Michael Flynn lied to the Federal Bureau of Investigation when he was sacked, Trump's personal lawyer, John Dowd, claimed that a president can not obstruct justice because he is "the chief law enforcement official".

Trump, on Twitter, described the segment as "a must watch".

Atkins: President Trump isn't above law of the land