It's Legal If The President Does It. Or Is It?

Interesting point/counterpoint on whether the President can engage in obstruction of justice.

Prof. Dershowitz:

On "Fox & Friends," Dershowitz countered that Trump had the constitutional power to fire FBI Director James Comey and to tell the Justice Department who to investigate and who not to investigate.

"If Congress were ever to charge him with obstruction of justice for exercising his constitutional authority under Article II, we'd have a constitutional crisis," Dershowitz said.

He explained that Congress would have to demonstrate "clearly illegal acts" on Trump's part, such as former President Richard Nixon paying "hush money," telling people to lie and destroying evidence in the Watergate scandal.

"There's never been a case in history where a president has been charged with obstruction of justice for merely exercising his constitutional authority. That would cause a constitutional crisis in the United States," Dershowitz said, adding that he hopes Special Counsel Robert Mueller understands that before he considers bringing an indictment or recommending that the matter be referred to Congress.

Judge Napolitano, who differs but not by much:

On "America's Newsroom," Judge Andrew Napolitano came down on the side of Feinstein.

He explained that if Trump asked Comey to end the investigation into Flynn for a non-corrupt purpose - such as if he felt sympathy for his former national security adviser or he wanted the bureau to use its resources on more important matters - it's not obstruction.

However, if Trump did it for a corrupt purpose - such as trying to protect himself or his son-in-law, Jared Kushner, from what Flynn might say - then it is obstruction and there is no presidential immunity, Napolitano said.

"Obstruction of justice is a crime no matter who commits it, if done for a corrupt purpose. It's also an impeachable offense," he said, adding that the charge is "intentionally not easy to prove" for a prosecutor.

Of course, from what we have seen so far Flynn has pled guilty to lying about the commission of a non-crime, so unless Mueller has more, impeaching and removing Trump for "obstructing" the investigation of non-criminal activity will be perceived by many as a Constitutional coup.

Comments

[Frau Aufmarsch]

Joni Ernst - can castrate "porkers"

[Old Lurker]

"So, is Google helping the FBI all on its own?"

Of course they are. Just like Bezos using WaPo to the same end all on his own.

[GUS]

We don't have proof of anything.
There is not even and explanation of why TRUMP is being investigated and RODHAM is not.
WHICH ONE PAID FOR THE GOLDEN SHOWERS RUSSIAN DOSSIER, in attempt to alter the election results??

Rodham paid MILLLLLLLIONS for a RUSSIAN DOSSIER.

Any word on that investigation.
Maybe the CLOWN can weigh in.

[Frau Aufmarsch]

Too much attention on Strzok. Who let him run wild? There is more than just one man to blame.
Watch where he lands after he tires of HR.

[Miss Marple the Deplorable]

DebinGA,

That's Joni Earnst, senator from Iowa.

[Extraneus]

Yes, good piece by Gregg Jarrett. It's would have been too complicated to add McCabe to that piece, but even without him the whole thing is an opportunity to destroy the Dems in 2018.

Sessions is the key. Elmer. The clueless ol' southern cracker sleeping in his comfy chair. Potentially the most consequential man alive.

[Clarice Feldman]

Yes, frau--he appears to be this week's scape gpat.

[Marlene]

Clarice,we just watched a report on the local news about a public hearing on Longboat Key. The subject is how to improve the traffic flow. Is that even possible? :)

[Miss Marple the Deplorable]

https://www.washingtonpost.com/news/posteverything/wp/2017/12/05/mitt-romney-should-primary-orrin-hatch-the-gop-needs-a-fight-over-trump/

Our favorite Never Trumper, Rick Wilson.

I won't type what I think of him. I hope the President has him on a list of people to destroy.

[Extraneus]

How it might have gone:

"Donald, I know you want to get these scalawags [he'd use language like that], but we should wait. We both know they have nothing on this Russian bullshit. Let's wait and see what they do. They know we have the evidence."

Does anyone think Sessions doesn't know who filed the FISA applications, and on what basis?

[DebinGA]

TY, MM and Frau.

Greg Jarrett: "The examination should begin with Andrew Weissmann, who has close ties to Hui Chen, whom he hired at the Justice Department and with whom he worked at the U.S. Attorney’s office for the Eastern District of New York. Documents show ... Chen resigned in June of this year, stating that she could no longer work in the administration of a president who had violated the Constitution and engaged in treasonous conduct. According to The Hill, she “posted tweets or retweeted articles that were considered critical of Trump.”

Chen, the DOJ's "corporate compliance watchdog" was photo'd smiling and holding a #Resist sign outside the WH.

[Clarice Feldman]

marlene--I know the trip up LBK to anna maria island and Bradenton could be improved if the circle in the route were eliminated.

[Miss Marple the Deplorable]

I wonder what interesting emails the Crown Prince of Saudi Arabia has recovered from Prince Talal's account.

[Rocco]

This is interesting...Are the Dems investigating President Trump for Mueller?

Several Democrats on the House financial services committee sent a letter last month to John Cryan, chief executive officer of Deutsche Bank, seeking details that might show if loans for Trump’s real estate business were backed by the Russian government.

https://www.theguardian.com/business/2017/jun/04/trump-deutsche-bank-connection-russia-democrats

[Account Deleted]

I asked yesterday "who do the black hats work for." JiB said "Follow the money." Likely Soros or Steyer.

Given the incompetence of their ball carriers like Strzok and Jones, are we up against a competent sinister overlord--- or somebody who is mailing this in through the likes of Mueller and Comey?

Another thing i muse over these days--- if the Deep State is so deep, why can't they just run over Trump's administration. From the looks of it, nobody of any significance in the HOR supports the administration. The Senate? Forget it. The circuit/appeals courts? Hella no.

So why can't the Deep State get this done? They appear to have the same disease as the GOPe.

Is it that the rivers of cash have dried up and that was the lube that was keeping the Deep State gears a'grindin?

Mulaney has cut off the CFPB cash flow from shakedowns. The State Department and Dept of Energy slush funds have dried up. We have pulled out of the Paris boondoggle so that gravy train is dry?

Is POTUS actually winning this fight? When I heard the Deutsche rumor go out I thought, if that's what is going on then it is indeed an impeach case now. Then POOF! That one dried up. No money to even buy a good lie.

The tide seems to be turning. Mueller trusted the wrong people? That seems like pretty thin ranks for a coup d'etat.

[DebinGA]

No Rs on the Financial Svcs Cmmt signed the request for Trump's German bank record, but here are the Dem members. Maxine Waters is ranking member.

[Clarice Feldman]

So what? They are powerless without the endorsement of the committee.. Just utter b.s.

[Marlene]

clarice,it looks like there is a good turnout for the hearing. Lots of charts and maps available for perusal by anyone interested.

[Miss Marple the Deplorable]

http://washingtonlife.com/2017/12/05/inside-homes-the-vice-presidents-residence/

Includes one of Mrs. Pence's watercolors. She was an art teacher before becoming a political wife.

Tastefully decorated/ I don't think I have ever seen interior pictures of the VP residence.

[GUS]

I'm under the weather and I made a HUGE pot o'chicken and brown rice soup. Parsley sage, rosemary, thyme, fresh garlic, pepper, Himalayan garlic salt. Celery, baby carrots, onyum for VIT C, and baked chicken breast.
That, and MAGNESIUM, and it might be MARTINA NAVRITOLOVA tonight.

Wish me luck.

[Jim Eagle]

Not only have I been in the VP's house, I have swam in the pool. A guy named GHW Bush was living there at the time and invited a bunch of us [Energy industry professionals versus lobbyists] for a BBQ and smoker [those of certain generations know what a smoker is]. It was special and somewhere in my numerous, undiscovered photo boxes is one showing me playing pool volleyball.

lVery nice venue. I am happy Pence gets to use it versus Tim Kaine.

[DebinGA]

Mrs. Pence went out of her way to credit other VP wives. Very nice. I hope "clean the pool" is on their to-do list as Biden insisted on swimming nekkid.

[Clarice Feldman]

Marlene --there's also a new and very dangerous pedestrian crossing near the entrance to the club which must be worked out before people get killed.

[Miss Marple the Deplorable]

Donald J. Trump‏Verified account @realDonaldTrump

Join me this Friday in Pensacola, Florida at the Pensacola Bay Center! Tickets: https://www.donaldjtrump.com/rallies/pensacola-fl-dec-2017 …

https://twitter.com/realDonaldTrump/status/938184577255919623

Short video at link.

[Extraneus]

Himalayan garlic salt?

I admit it sounds cool but what's the difference?

[Account Deleted]

GUS---> you left out the 8 oz of mezcal and powdered scorpion's tail. turns the worm my brotha!

Kev

[Jim Eagle]

More proof how sick the 3% can influence the 97%. And now in Canada.

https://pjmedia.com/faith/canadian-school-district-drops-operation-christmas-child-over-lgbt-stance/

[Threadkiller]

I doubt it is anywhere close to 3%.

[Miss Marple the Deplorable]

Eric Alper‏Verified account @ThatEricAlper

Neil Young Archives has opened the high-quality archive of Neil's entire back catalog, accessible for free until June 30. http://neilyoungarchives.com

[Captain Hate]

Can we just admit that the Bill Ayers types, actually predating him by quite a bit, primarily think of schools as indoctrination centers.

[Miss Marple the Deplorable]

I am so proud. I have been blocked by both Jake Tapper and Matthew Dowd. LOL!

[Extraneus]

new

[Beasts of England]

The librarian glasses? That's just cruel... ;)

[Account Deleted]

The key difference is in the salt being properly sourced, Ext.

Lot of manufactured "pink salt" these days.

True Himalayan salt is hard to find and contains a spectacular array of minerals not found in Morton or Leslie type salt.

There's a companion "mud" found near geothermal springs (one such deposit is here in Califas, near Bishop California). Our source here is referred to by the Yokuts, Monos, and Chumash as "ko-soh" mud. Contains the same wide spectrum of minerals in it. Spreading it topically on the chest and face, your cold is gone within hours.

Fever? Same deal. Coat the neck and shoulders, it's gone. Ko-soh has the same pink color as Himalayan salt.

[JimNorCal]

kk: "The circuit/appeals courts? Hella no."

Let the record show that "hella" is Bay Area-ese for "very" or "very much", iow an intensifier.