- President Donald Trump’s legal defense team is arguing that he cannot be charged with collusion or obstruction of justice, the central threads of the special counsel’s Russia investigation.
- 2 of President Trump’s Key defense lawyers, John Dowd and Jay Sekulow, have said in recent days that collusion is not a crime and that Donald Trump, as President, cannot be guilty of obstruction because he has “every right” to express his views “in any case.”
President Donald Trump’s legal defense team has a bold strategy in Robert Mueller’s Russia investigation, arguing that a sitting President cannot obstruct justice.
The President “cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” President Trump’s lawyer, John Dowd said Monday.
The comment confirms previous reports that President Trump’s legal team is working to convince special counsel Robert Mueller that President Trump could not be found guilty of obstruction because he has the constitutional authority to fire whomever he wants.
Any claim to the contrary, Mr. Dowd said is “ignorant and arrogant.”
“I had to fire General Flynn because he lied to the Vice President and the FBI,” President Trump said. “He pled guilty to those lies. It is a shame because his actions during the transition were lawful. There was nothing to hide!”
White House counsel Don McGahn told President Trump he believed Gen. Flynn had not been truthful either with VP Pence or the FBI.
Mr. McGahn did not tell President Trump that Flynn had committed a crime or that he was under criminal investigation, according to the report.
Mr. Dowd’s argument ‘holds water’ because the question of whether the president can be charged with obstructing justice is not “settled law” and “you cannot be prosecuted for saying things.”
President Trump can Tweet anything he wants that is not against the law.
President Trump sacked James Comey, 3 months after asking him if he could see his way “clear to letting this go, to letting Flynn go.” And Mr. Comey once admitted that he did not have the evidence to indite Gen. Flynn.
“He is a good guy,” Trump said, according to Comey’s testimony before the Senate Intelligence Committee in June. “I hope you can let this go.”
Robert Costello, who previously served as the deputy chief of the criminal division for US attorney’s office in the Southern District of New York, said Monday that he believed Dowd’s argument held merit.
Mr. Dowd’s argument “boils down to the maxim that Trump is the law,and the idea that collusion is illegal is ‘absurd’ as collusion is not a crime.
“For something to be a crime, there has to be a statute that you claim is being violated,” Trump lawyer, Jay Sekulow, said recently. “There is not a statute that refers to criminal collusion. There is no crime of collusion.”