Before a prosecutor considered evidence regarding that incident, there would be a preliminary question: Could the president's dismissal of an FBI director amount to an obstruction offense as a matter of law? If prosecutors were to decide that, even if the evidence showed corrupt intent on the part of the president, a president's firing of the FBI director cannot constitutionally amount to an obstruction crime, then the prosecutors would not bother to investigate and make an assessment of the evidence.
The most unsavory evidence of presidential misconduct came from the president's own White House counsel - meaning it could have been withheld not just from Congress and the public but also from Mueller on executive-privilege and attorney-client-privilege grounds.
Remember the Clinton emails investigation - recall how Mrs. Clinton inserted lawyers in her every activity, and then the Obama Justice Department dutifully tied the FBI's hands on the rationale that basic investigative steps would have risked transgressing attorney-client privilege? By contrast, the Trump White House and Barr did not assert privilege claims; as a result, testimony damaging to the president was freely given to the prosecutor and congressional Democrats.
As for the presidency, Mueller & Co. cite the power of the presidency to influence the executive branch and official proceedings; and the fact that many of the president's comments and acts took place in full public view.
As Trump himself said upon learning of Mueller's appointment, his presidency would be "Over." The president was completely unsuccessful in trying to influence subordinates to do his bidding; he dared not fire Mueller, despite ardently wishing to shut down what he called a "Witch hunt"; and his complaints about "Fake new" media, though successful in animating his base, equally animated the Democratic Party base.
In sum, contrary to Mueller's view of an all-powerful president, the president and his administration were paralyzed, unable to control events.
To expect that hardcore Democratic partisan prosecutors will divine a Republican president's motive without regard to their politics - especially at a time of what is arguably the worst partisan political divide since the Civil War - is to dwell in what Lady Thatcher called "Cloud Coo-Coo Land." Mueller and his comrades in prosecutorial arms have sewn on to Mr. Trump's vestments the scarlet letters "O.J." to signify obstruction of justice.
https://spectator.org/muellers-scarlet-letter-impeachment-road-map/
The most unsavory evidence of presidential misconduct came from the president's own White House counsel - meaning it could have been withheld not just from Congress and the public but also from Mueller on executive-privilege and attorney-client-privilege grounds.
Remember the Clinton emails investigation - recall how Mrs. Clinton inserted lawyers in her every activity, and then the Obama Justice Department dutifully tied the FBI's hands on the rationale that basic investigative steps would have risked transgressing attorney-client privilege? By contrast, the Trump White House and Barr did not assert privilege claims; as a result, testimony damaging to the president was freely given to the prosecutor and congressional Democrats.
As for the presidency, Mueller & Co. cite the power of the presidency to influence the executive branch and official proceedings; and the fact that many of the president's comments and acts took place in full public view.
As Trump himself said upon learning of Mueller's appointment, his presidency would be "Over." The president was completely unsuccessful in trying to influence subordinates to do his bidding; he dared not fire Mueller, despite ardently wishing to shut down what he called a "Witch hunt"; and his complaints about "Fake new" media, though successful in animating his base, equally animated the Democratic Party base.
In sum, contrary to Mueller's view of an all-powerful president, the president and his administration were paralyzed, unable to control events.
To expect that hardcore Democratic partisan prosecutors will divine a Republican president's motive without regard to their politics - especially at a time of what is arguably the worst partisan political divide since the Civil War - is to dwell in what Lady Thatcher called "Cloud Coo-Coo Land." Mueller and his comrades in prosecutorial arms have sewn on to Mr. Trump's vestments the scarlet letters "O.J." to signify obstruction of justice.
https://spectator.org/muellers-scarlet-letter-impeachment-road-map/
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