Dowd Rolls Out Questionable Legal Argument

News  |  Dec 4, 2017

In an exclusive interview with Axios' Mike Allen, President Trump's outside lawyer John Dowd argued Monday that the President of the United States could not be guilty of obstruction of justice based on the responsibilities of his job:

The "President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case," Dowd claims.

Dowd says he drafted this weekend's Trump tweet that many thought strengthened the case for obstruction: The tweet suggested Trump knew Flynn had lied to the FBI when he was fired, raising new questions about the later firing of FBI Director James Comey.

Dowd: "The tweet did not admit obstruction. That is an ignorant and arrogant assertion."

CNN:

Former Obama administration White House counsel Bob Bauer disputed Dowd's position.

"There is no express grant of immunity under the Constitution to protect the President who commits a felony," he told CNN. "Those who have argued for it have to cobble together their case primarily out of a concern about the debilitating effects of a President in legal trouble on the conduct of government. But they have a high burden to carry in claiming that the President charged with faithful execution of the law is above it. It simply contravenes basic understandings about the rule of law in the constitutional order -- as Richard Nixon learned in trying to withhold his incriminating tapes."

 

Exclusive: Trump lawyer claims the "President cannot obstruct justice" (Axios)

Trump's personal lawyer claims the President can't obstruct justice (CNN)