posted by ptown_trojans_1
On your last point no. He would not have said so, because of the current policy. But, he did say once he left office he could be...so he left the door open. I also do not get this argument that it is a partisan hack job. It is Robert fucking Mueller. He picked the team, so I trust his judgement based off of his years and years of FBI expereince.
On the other point, I just disagree as it seems so does Mueller. Even if there was ultimately no crime, if a person still instructors others to illegal acts to try and stop or limit the investigation, that is obstruction. But, hey, I'm not a legal expert.
Mueller disagrees, but the point was he acknowledged there is debate over several key legal conclusions (which he isn't sharing, wink wink) he has drawn.
Again, you can indict a ham sandwich. Doesn't mean you can prove a crime, which Mueller plainly said to Lieu that he disagreed a crime was proven. Prosecutors don't usually take cases they aren't certain they can win.
Saying intent doesn't matter with respect to unsuccessfully obstructing an investigation, but then that intent does matter with respect to exercising constitutional powers - neither of which there is a consensus legal opinion, which Mueller acknowledged - seems like having your cake and eating it to, no?
Or is Mueller arguing that an investigation, regardless of evidence or merit, would supercede Presidential authority to shut it down? Even if that's correct, and again there is not a legal/DOJ consensus, you then have to decide if intent matters (and there's no legal/DOJ consensus on that). So Mueller is really, really threading a needle here to justify an indictment.