Mueller’s Uphill Battle: Obstruction Law and the Comey Firing

“In the many discussions of President Donald Trump’s decision to fire former FBI Director James Comey, it is commonly assumed that if the president fired Comey for the purpose of interfering with the investigation into Russian electoral interference, then the president is guilty of obstructing justice. We find the president’s conduct deeply troubling and corrosive of respect for the office of the president, and we understand the view that his conduct, even if not a criminal violation, conceivably may become part of an overall showing of abuse of authority warranting impeachment. But putting aside any issue of presidential immunity (or privilege stemming from his official authority), the question remains: Did the president commit a violation of existing federal criminal law when he fired the FBI director? Special Counsel Robert Mueller’s remit is, after all, limited to the investigation of violations of federal criminal law. Many commentators assume without extended analysis that the president has violated one of several criminal statutes that prohibit, in broad terms, the obstruction of justice. But, the case against President Trump is more difficult than many think.”