The IG Report Should End Mueller’s Obstruction Investigation

Thread starter #1

Mueller would apparently circumvent the president’s constitutional defense through an untenable theory of corrupt intent. That is, the special counsel would posit that if the president takes a lawful action for an arguably corrupt purpose, he can be accused of obstruction. We have countered that this is specious. There is no doubt that a president can legitimately be accused of obstruction based on clearly criminal actions (e.g., witness tampering — see: the Nixon and Clinton impeachment proceedings). But if a president’s actions are lawful on their face, it is not the place of a subordinate executive officer, such as a prosecutor, to question the chief executive’s motives — especially under circumstances in which the president does not need any reason to take the action at issue.

In essence, IG Horowitz is saying the same thing in his report.
So the obstruction investigation should be closed. Should Special Counsel Mueller fail to close it, Deputy Attorney General Rosenstein ought to be summoned by Congress to testify, specifically on this question: If the Justice Department accepts IG Horowitz’s premise that it must not second-guess the discretionary decision-making of FBI and Department officials when there are legitimate grounds to support their decisions, on what basis may a special counsel second-guess the president’s decision-making when — as Rosenstein himself has argued with respect to Comey — there are legitimate grounds to support the president’s decisions?
Excellent compelling reasoning. I wish the Gello man and the walker of ridges were here to take a crack at this.