The assertion by President Trump’s lawyers that he cannot obstruct justice because he has absolute authority over all federal investigations is legally problematic, analysts say, because it would essentially mean the nation’s commander in chief is above the law. But that seemed to overlook a 2002 law that makes it illegal to obstruct even proceedings that have not yet begun. Many of the legal issues the president’s team raised have little precedent, legal analysts said. The Justice Department has twice opined that a sitting president cannot be indicted, and Giuliani has said Mueller’s team conveyed to the president’s lawyers they will honor that guidance. They said that while the courts might ultimately limit what the president could be asked, it was unlikely they would agree with the president’s legal interpretation that he cannot obstruct justice.
Source: Washington Post June 03, 2018 22:07 UTC