Tuesday, March 13, 2018

The "Obstruction" Fantasy



 for fb.jpg By Florida Bill                                            

                                                No one has asked me about allegations that President Trump obstructed justice when he fired FBI Director James Comey. But it's hard to keep still. 
                                 The entire matter strikes me as a pipe dream, made out of cloth. The claim of "obstruction" flows from haters of President Trump who seem to have lost a grip on reality. In the front line are the New York Times and  various lawyers tethered to the Democrats.                           
                                 This charge of "obstruction of justice" is the kind of stuff which excites the main stream  media which has abandoned all fairness and objectivity in its coverage of the  Republican President and his administration.
                                It sends politically-obtuse elected officials like Rep. Maxine Waters and her mentor, the worn and torn Rep. Nancy Pelosi into off-the-chart exhilaration.  It provides a trickle on the leg of Chris Matthews, and it feeds into the non-stop attack on the Republican president by the mealy-mouthed Rep. Adam Schiff who has a degree from Harvard law school, but fails to demonstrate anything of substance under his hat, save a boot licking dedication to Democratic determination to impeach the President. 
                                 Last May, with twisted leadership in the Department of Justice stemming from the recusal of Atty. Gen. Jeff Sessions,  Special Counsel Robert Mueller was appointed to investigate alleged "collusion" by President Trump with Russians in a scheme to help him defeat the entrenched Democratic candidate, Hillary Clinton, who was considered a cinch to win.  After almost a year, Mueller, who  assembled a team of 17 lawyers including several who publicly opposed Trump when he was a candidate, has run up a heavy legal bill, but has found zero evidence that the President did anything improper in support of a "collusion" theory. 
                                  Although Mueller himself has been close mouthed about his investigative dead end, other intelligence officials have said publicly that no evidence of "collusion" has been found.  Recently, the Intelligence Committee of the House of Representatives has said that it has closed its 15-month investigation into "collusion" since evidence of such is non existent. The Intelligence Committee of the Senate, also investigating allegations of "collusion," is expected to do the same. 
                                  Empty handed in showing "collusion,"  Mueller reportedly has broadened his investigation and now focuses upon alleged "Obstruction of Justice" by Trump in his firing of FBI Chief Comey. 
                                 "Obstruction of Justice" is defined by federal statute as any "interference with the orderly administration of law and justice" as set forth in 18 U.S.C. 1501-1521.  In past years, it has been a popular theme for use in pushing for  impeachment proceedings against other  Presidents.   Articles of impeachment for obstruction of justice were voted against Presidents Nixon and Clinton, prompting Nixon to resign, and Clinton to opt for trial in the Senate. 
                                    It is all pretty much up hill for Mueller since President Trump had every right and and an assortment of legitimate reasons to discharge Comey. Also, the President is the country's chief law enforcement officer, and he can decide who will head the world's most elite police department. 
                                    President Trump fired Comey on May 9 of last year, exercising his constitutional authority to do so.  He explained that he considered Comey to be incompetent and that he had dishonored his oath of office by conducting a "sham" investigation of how Mrs. Clinton handled classified emails.  He said also that he acted upon recommendations from the deputy attorney general and other officials in the Department of Justice; and from trusted advisers. 
                                    Following his discharge, Comey declared in a note to fellow workers in the FBI that the President had the right to discharge him. Democrats have charged that the President fired Comey who had been appointed to the office in 2013 by former President Obama, because he was leading an investigation into Russian hand holding with Trump.  The President has said it is a political "witchhunt."
                                    The President, who is the chief executive officer of the federal government, can fire anyone who works in the executive branch for a good reason, a bad reason or for no reason at all.  It is doubtful whether the firing of Comey would cancel an investigation into Russian meddling, but it makes no difference either way since the President had the constitutional right to fire and replace the FBI director if he chose to do so. 
                                   "I do not see obstruction of justice in this situation," said Professor Alan Dershowitz of Harvard law school, a highly respected legal scholar.  Frankly, said Dershowitz, "I am a Democrat and always have been.  But I try and separate my political views from what I see as true and right.  Sometimes I please Democrats, and sometimes I please Republicans."  The bottom line, he adds, is that the President has the constitutional right to discharge someone, and that is the way it is, "and that is how I see it."                                                               Prof. Jonathan Turley of Georgetown University law school has pretty much agreed with Dershowitz.  Obstruction might involve corruption or  a corrupt intent to interfere with a proceeding---nothing like that has been demonstrated, he explained.  At this point, he adds, there appears to be no obstruction, but we are not privy to evidence which Mueller may have.  
                                             Comey and Robert Mueller are reported to be very close friends, having worked together in the justice department for many years.  Mueller was the FBI director himself from 2001 to 2013 when President Obama replaced him with his friend and coworker, James Comey.     However, Mueller is regarded by both Democrats and Republicans as a man of integrity who will follow the evidence.  
                                                    For the past 15 months, the embattled  Comey also has been under investigation by Inspector General Michael Horowitz of the Department of Justice for possible misconduct in conducting the probe into the Hillary Clinton's handling of emails.  Both Democrats and Republicans had complained to Horowitz that Comey had conducted a "sham" investigation.  Democrats claim that Comey caused Clinton to lose the election, and Republicans charge that Comey is dishonest and betrayed his oath of office. The Horowitz findings are expected to be released in March or April of 2018 in a written report.

                                           XXX





                                                  
                                                            







                                                 




                  

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