Dershowitz and Banzhaf – Trump Can’t Be Guilty of Obstruction

Dershowitz and Banzhaf – Trump Can’t Be Guilty of Obstruction
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Exercising Constitutional Authority to End FBI Investigation Can’t Be a Crime
WASHINGTON, D.C. (June 9, 2017): Two well known law professors – both generally thought of as more liberal than conservative, and clearly not supporters of President Donald Trump and his policies – have nevertheless independently concluded that Trump would not be guilty of the crime of obstruction of justice, even if he had clearly and ambiguously ordered then-Director James Comey to terminate or scale back an FBI investigation, instead of just suggesting it.

The reason is simple, says public interest law professor John Banzhaf, who played a role involving special prosecutors to investigate two different presidents. The Constitution gives the president the ultimate authority to direct all investigations conducted by the executive branch – whether by the FBI, IRS, FDA, etc. – including the authority to terminate or limit any investigations. So his exercise of this constitutional power, whether directly or by dropping strong hints, could not constitute a crime.

Law Professor Alan Dershowitz agreed completely, writing after the dramatic hearing was over that: “Comey confirmed that under our Constitution, the president has the authority to direct the FBI to stop investigating any individual. I paraphrase, because the transcript is not y