Monday, May 20, 2019

Trump Claims Obstruction of Justice is an Official Duty of the White House

Tierney Sneed reports on Trump’s latest obstruction of justice:
The Justice Department on Monday issued a legal opinion claiming that Congress could not compel former White House Counsel Don McGahn to testify about special counsel Robert Mueller’s report. The opinion was released not long after reports that the White House was planning to instruct McGahn to not comply with a House subpoena that he testify at a Judiciary Committee hearing Tuesday.
The legal opinion can be found here and states in part:
Congress may not constitutionally compel the President’s senior advisors to testify about their official duties … This testimonial immunity is rooted in the constitutional separation of powers and derives from the President’s independence from Congress.
What an incredibly arrogant canard! McGahn is being asked to testify to Congress about what is clearly obstruction of justice – a crime. How is that an official duty of the White House? Oh wait – the Trump White House is nothing but a den of organized crime so maybe he sees committing crimes as one of his official duties!


2slugbaits said...

Apparently Trump & Co. didn't really mean that part of the oath that directs the President to faithfully execute the laws. Of course, we all know that Trump has problems with that "faithfully" part...just ask any one of his ex-wives.

Sandwichman said...

Send in the taint team!

Just as criminal activity is not protected by lawyer-client privilege, obstruction of justice would presumably be an exception from "official duties." Barr, of course, would argue that any action that may be facially valid as an exercise of article II powers must be assumed to be legal. It will be interesting to see how the AG responds to Mehta's ruling regarding facially valid legislative purposes pursuant to article I.

Sauce for the goose... said...


But, if by "faithfully execute" one means line them up in Fifth Avenue and shoot them dead, I would say Trump is not doing too badly. And, hey, if somebody is going to obstruct justice, it might as well be the White House, right?

2slugbaits said...

Oh I see. You mean "execute" in the Texas sense of the term. Good catch.