The Mueller Report: I read it for you, but you should read it yourself. pt. 3(c)

How does all of this relate to the three constitutive elements of an obstruction of justice?

  1. Obstructive Act: It is true that Mr. Trump was aware that James Comey was not only investigating Trump’s friend Michael Flynn but was also looking into other aspects of Russian efforts to help elect Trump, including whether any other American citizens had committed crimes. On the other hand, he was advised repeatedly that firing Comey would not end the investigations; as Steve Bannon told him, “You can’t fire the FBI.” Trump even acknowledged as much during his interview with Lester Holt, saying it was likely firing Comey would actually prolong the investigation. What seems to have most troubled Mueller and seems most likely to be part of an illegal obstruction of justice is the way Trump handled it. The vengefulness, the petty cruelty, and the public attacks on the investigation and cries of “Witch hunt!” afterwards seem, according to the report, intended to affect and obstruct whatever future investigators might take over after Comey’s departure. True, there might be other, legally innocent motives, such as paranoia, sadism, or stupidity. That question falls under “intent.” What we can say is that there were in fact official investigations that could be disrupted by this behavior, that Mr. Trump was aware of these investigations and continued in this behavior anyway, despite the fact that his office requires him to support upholding the laws of the nation without undue personal prejudice.
  2. Nexus to a proceeding: You can’t obstruct justice unless there’s an official proceeding to obstruct. In this case, while there was no official grand jury at that time investigating the Trump campaign, there was a criminal investigation of Flynn that Trump had tried to shut down, and public knowledge that the FBI was looking into Russian interference in the 2016 election, including the crime of hacking the DNC’s computers. Thus there was a nexus to at least one official proceeding.
  3. Intent: As the report states: “Substantial evidence indicates that the catalyst for the President’s decision to fire Comey was Comey’s unwillingness to publicly state that the President was not personally under investigation, despite the President’s repeated requests that Comey make such an announcement….the President’s over stated rationales for why he fired Comey are not similarly supported by the evidence.” In other words, the report says that Comey was fired for not publicly clearing Trump, and that Trump and others working on his behalf lied about the true reasons for the firing. As stated earlier, intention to deceive is tacit acknowledgment of wrongdoing; if it doesn’t prove impure motives, it at least implies such. But why, the report asks, what this so important? Was it merely for political reasons, because “this Russia business” was making it difficult for Trump to carry out his agenda for the nation? Was it because, as has been stated outside the Mueller but in multiple press reports and books, that Mr. Trump gets angry when anyone mentions that Russia helped elect him because it takes away from his own sense of accomplishment? Or are there other, criminal reasons for Trump’s repeated demands for Comey to publicly announce his innocence? There are the demands that Comey pledge his “loyalty” to Trump personally, and his claim that he thought the Attorney General was not doing enough to protect him personally. He also said he wanted to be able to tell his Attorney General “who to investigate.” Comey was interfering with these goals by the fact that he’d taken over the investigations after Sessions recused himself, and by the independent way he was handling the investigations. Also, when Trump was railing against Sessions for recusing himself and for not doing more to protect Trump and punish Trump’s foes, Sessions had suggested firing Comey, either because he was suggesting to Mr. Trump that this would solve his problems or perhaps merely to redirect Trump’s anger onto someone else. In addition, as the Muller report states, “…the evidence does indicate that a thorough FBI investigation would uncover facts about the campaign and the President personally that the President could have understood to be crimes or that would give rise to personal and political concerns.” Thus there is a strong prima facie case that Trump was motivated by personal goals rather than national interests in firing Comey, the definition of “corrupt intent.”

As Mr. Mueller stated, we need to have some sort of a hearing to allow the accused party the chance to clear his name. Legally, there is no law against being stupid, sadistic, deceitful, vain, vindictive, paranoid or obstinate. These may be reasons to say someone is unfit for an important office, but they are not crimes. Perhaps Mr. Trump was not trying to shut down or intimidate other investigations, and anyone or everyone around him who might think about challenging his orders. Perhaps he was just running the White House the way he’d run his businesses: as his wife says, if he feels you’ve hit him he’ll hit back ten times harder.[1] Perhaps, as many who have or do work for him are reported to have said, he’s very insecure about his election victory, and his desire to have Comey and others come out and publicly say he had nothing to do with Russia is his way of insisting that he won on his own, without Putin’s help, despite what Putin said at Helsinki and what every U.S. intelligence agency has said. But as Mueller said, the only way to bring these facts out, and show whether or not Trump had corrupt motives or simply acted foolishly in ways that appear corrupt, is to have an impeachment investigation, where all the facts can be presented and the President can take the opportunity to personally defend himself under oath. As it stands, the report states, there is evidence that the President* knowingly and intentionally obstructed justice, seeking to impede and influence official investigations of crimes as well as undermining counterintelligence operations, for corrupt personal reasons.

[1] Ali Vitali, “Melania Stumps for Donald Trump: ‘He Will Punch Back 10 Times Harder;” NBC News.com April 4, 2016 (https://www.nbcnews.com/politics/2016-election/melania-stumps-donald-trump-he-will-punch-back-10-times-n550641). Or as Mr. Trump says on Twitter: “When someone attacks me, I always attack back…except 100x more. This has nothing to do with a tirade but rather, a way of life!” @realDonaldTrump Twitter 11 Nov. 2012. These claims, I believe, fit the dictionary definitions of “vindictive” and “vengeful.”

 

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