What we know so far
In a new study aimed at collecting and analyzing all of the relevant
facts surrounding President Donald Trump's legally questionable conduct in
office—particularly his firing of former FBI director James Comey—three lawyers
conclude it is "likely" that Trump has obstructed justice, and that
whether he is held accountable for his actions "will have significant
consequences for the functioning of our democracy."
"We do not yet
know all the relevant facts, and any final determination must await further
investigation, including by Special Counsel Robert Mueller," the
analysis—authored by Norm Eisen and Noah Bookbinder of Citizens for Ethics and
Responsibility in Washington (CREW) and Barry Berke of the law firm Kramer
Levin—concludes.
Nonetheless, the
lawyers argue that the facts currently in the public record amount to
"substantial evidence that President Trump attempted to obstruct the
investigations into Michael Flynn and Russia's interference in the 2016
presidential election through various actions, including the termination of
James Comey."
"Demanding the loyalty of an individual involved in an investigation, requesting that individual's help to end the investigation, and then ultimately firing that person to accomplish that goal are the types of acts that have frequently resulted in obstruction convictions," the analysis notes, citing the impeachment proceedings against former presidents Richard Nixon and Bill Clinton, as well as Judges Samuel Kent and Harry Claiborne.
In all of these cases,
the lawyers observe, "Congress has...considered obstruction, conspiracy,
and conviction of a federal crime to be valid reasons to remove a duly elected
president from office."
The study goes on to highlight several pieces of evidence that could form a cumulative case that Trump obstructed an ongoing investigation, including:
> Trump's
"fabrication" of his initial reason for firing Comey (which was that
Comey poorly handled the investigation into former Secretary of State Hillary
Clinton's use of a private email server);
> Trump's role in
crafting his son Donald Trump Jr.'s "inaccurate statements about the
purpose of his meeting with a Russian lawyer" during the 2016 presidential
campaign;
> Trump's threat to
Comey that he "better hope there are no 'tapes'" of their
conversations; and
> Trump's repeated
denunciations of the investigation into his conduct, which he has called a
"fake" scandal drummed up by Democrats angry that they lost the
election.
While the authors
conclude by noting that the "appropriateness of impeaching the president
on the grounds discussed" is "ultimately a matter of congressional
discretion," the relevant precedents, as well as the large body of
evidence, indicate that Congress would have sufficient justification if it
chose to do so.
As recent polling data
demonstrates, such a move would likely be applauded by a large portion of the
American public.
According to a
Public Religion Research Institute survey in August, 40 percent of Americans
believe Trump should be impeached—up 10 percentage points over a period of six
months.
Most Americans also
side with Eisen, Bookbinder, and Berke on the matter of obstruction of justice.
A recent survey conducted by Public Policy Polling found that 49 percent of Americans believe Trump obstructed justice by firing Comey.
A recent survey conducted by Public Policy Polling found that 49 percent of Americans believe Trump obstructed justice by firing Comey.
