Biding Time With Biden?Posted By James Brown |
Hi James:Originally Posted by James Lacey
Currently, more than 720 former federal prosecutors who have worked in Republican and Democratic administrations have signed the letter, and the count is rising. They assert that Barr mischaracterized the Mueller report when he said it laid out insufficient evidence to make an obstruction case.
A few wide ranging thoughts:
Let's assume that the Mueller investigation did document sufficient clear-cut evidence to make an obstruction case. Then why didn't Mueller include an unambiguous conclusion of obstruction in his report? The answer must be that the obstruction case is a close call. Dershowitz argues that the president cannot as a matter of law be illegally obstructing justice while exercising his Constitutional prerogatives, no matter what his motivation might have been. (e.g. firing Comey). Also, it appears to be undisputed that the White House delivered the documents subpoenaed by Mueller and made witnesses available to the investigation. That's refreshing and not indicative of widespread obstruction.
Legally, obstruction can occur when there is no underlying crime supporting the original investigation. But actually doing something about the obstruction in those circumstances, in a politically charged matter such as this, is going to backfire. Bill Clinton lied about sex with Monica, and was impeached, but not convicted. It did not seem to politically harm him or his wife all that much. Partisan opinions for and against WJC were solidified at that point. He was disbarred as an attorney, but never actually prosecuted for his perjury. Impeachment for obstruction when DJT has been cleared of collusion is going to similarly enhance his standing with the voters.
Even so, rather than fuss about the handling of the report, the House should proceed with impeachment, if they have the courage. I personally think that impeachment would guarantee DJT's reelection, but what do I know... It seems fairly obvious that the Democrats want to beat the obstruction drum without actually doing anything. My guess is that the voters have all pretty much moved on from this issue and that it is only pf paramount importance to inside the beltway types.
The opinions of 720 former federal (and state I believe) prosecutors is not that helpful, in my view. This sounds like a big number of course, but we really need to see who these folks are, and how their signatures were solicited. The ABA is extremely left-biased, in my experience. It would be trivial to get thousands of signatures on a letter condemning Trump at an ABA conference.
Jim