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Impeachable Offenses?

~ Examining the Case for Removal of the 45th President of the United States

Impeachable Offenses?

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Presidential Obstruction of Justice

20 Thursday Sep 2018

Posted by crosbysamuel in Articles, Uncategorized

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2016 surveillance, bruce ohr, Carter Page, Collusion, communication, donald trump, FBI, federal bureau of investigation, firing, former, Impeachment, investigation, James Comey, Obstruction of Justice, president, release, russia, texts

This article from the California Law Review, written by Daniel J. Hemel and Eric A. Posner and entitled Presidential Obstruction of Justice, examines the standard for charging a United States president with obstruction of justice in light of his role as head of the executive branch and federal law enforcement. The authors assert that a president does violate the law when he obstructs justice with an improper purpose and explore what that improper purpose might be. They ultimately claim that when a president acts/obstructs justice to “take care that the laws be faithfully executed,” his purpose is proper, but that otherwise it is not.

This analysis is of course significant in light of President Trump’s firing of Former FBI James Comey which some believe was an act obstructing justice. The friction between Comey and Trump was brought to the forefront again on Monday when the President ordered that Comey’s communications be released to the public along with ” 20 pages of a 2016 surveillance application targeting former Trump campaign adviser Carter Page and Justice Department official Bruce Ohr’s notes related to the Russia probe.” Comey believes that Trump is trying to root out a procedural mistake made by the FBI, but is confident he will not find one.

comey.jpgCarsten Koall/Getty Images

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Bombastic Words about “Bombshell” Texts

08 Thursday Feb 2018

Posted by crosbysamuel in Articles, Uncategorized

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bombshell, Collusion, Conspiracy, defraud, dossier, FBI, impeach, memo, nunes, page, partisan, russia, strzok, texts, trump, united states, vindicate

President Trump has claimed that the text messages which were exchanged between FBI Agent Strzok and FBI Lawyer Lisa Page are “bombshells.” The text messages were likely related to the investigation of the Clinton Email Scandal. While others have expressed concern over what the text messages indicate about the way the FBI handles cases, President Trump did not specify what he meant when he called the texts “bombshells.” Though one might argue that the text messages indicate that there is an “Anti-Trump bias” in the FBI, they are a clearer indication of a lack of professionalism than they are of anything else.

Trump’s calling the texts “bombshells” is a part of his pattern of using any discrepancy within the FBI to characterize the investigation of his obstruction of justice and attempt to defraud the United States as misguided. He made similar claims after the release of Nune’s memo, stating that it “totally vidicates” him, despite the fact that memo did little more than allege possible partisan bias in a dossier used to obtain a warrant. It seems Trump will take what distractions he can get. Meanwhile, I am eagerly awaiting the results of Mueller’s investigation — for the truth covered by all these pointed fingers.

download (2).jpegSusan Walsh/AP Photo

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Frank O. Bowman, III


Floyd R. Gibson Missouri Endowed Professor of Law
University of Missouri School of Law

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