Mueller Will Face Tough Choices If He Finds Trump Broke The Law


Publish Date:
June 9, 2017
  • Froomkin, Dan
American Constitution Society for Law and Policy
Related Person(s):


Special counsel Robert Mueller is now investigating whether Donald Trump’s conduct toward former FBI Director James Comey constituted obstruction of justice.

Comey made that pretty clear on Thursday during his testimony to the Senate Intelligence Committee. “I don’t think it’s for me to say whether the conversation I had with the president was an effort to obstruct,” he said. “That’s a conclusion I’m sure the special counsel will work towards to try and understand what the intention was there, and whether that’s an offense.”

“I think he should plow ahead on obstruction of justice,” said Stanford Law School professor Pam Karlan.

“He’s got to take it to Congress,” Karlan said. She suggested maybe Mueller could encourage his witnesses to testify on Capitol Hill.

“I guess then Trump’s people have to come in and move to dismiss the indictment on the grounds that he can’t be prosecuted while he’s president,” Karlan said. “And once that’s all revealed –  I mean if a grand jury actually indicted – I would think at that point Congress has to open an investigation.”

Read More