Let's try this again. If you think an exercise of the president's Article II powers can be obstruction of justice, let @AndyGrewal disabuse you of the notion.https://twitter.com/AndyGrewal/status/956747922607022080 …
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Impeachment is on a different track than criminal prosecution.
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Right. That's my point.
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Not everyone gets that. A lot of people assume, or more likely hope, Mueller can do things he has no power to do. It's Congress or nothing.
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The interesting one to watch is if Mueller (or Schneiderman) try to indict Trump for pre-presidential crimes (money laundering, etc.) Can a sitting president be indicted? I've seen more arguments saying no than yes, but it's not entirely clear and never really been tested.
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I don't think Mueller is foolhardy enough to go there, as it would give Trump (not to mention congressional Republicans) every excuse to stuff him in a box. Schneiderman, on the other hand, has that Don Quixote vibe about him.
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Also, I'm curious about this hypothetical: Let's say a member of the US Armed Forces is a witness to a crime POTUS wants to cover up. Could POTUS legally order him on an abnormal, highly risky mission? 1) exercising CiC duties 2) corrupt intent 3) no bribery or additional action
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Absolutely. Everyone agrees impeachment is fair game. I am just trying to throw the pause button on the various criminal (statutory) arguments.
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