Courts have allowed prosecution for obstruction that aimed to protect friends or family.
President Trump speaks with reporters at the White House on Friday. By Daniel Hemel Daniel Hemel is an assistant professor of law at the University of Chicago. March 26 at 10:04 AM It took special counsel Robert S. Mueller III nearly two years to conclude that President Trump may have — but may not have — obstructed justice. It took Attorney General William P. Barr and his deputy, Rod J. Rosenstein, only two days to decide that Trump should not be charged with obstruction.
Former Detroit mayor Kwame M. Kilpatrick went to jail for obstructing justice in 2008 after he lied under oath about an extramarital affair. And in January, a Navy captain in Florida was indicted on a charge of obstruction of justice after he allegedly misled investigators about his extramarital affair with a civilian employee’s spouse. Of course, adultery is not a crime. But interfering with an investigation to cover up adultery certainly is.
Trump or his defenders could argue, for example, that he fired Comey not to interfere in an investigation but because he concluded, as he wrote in his termination letter, that Comey was “not able to effectively lead the Bureau.” Comments that Trump made later to NBC News’s Lester Holt undermined that explanation, but if charges had been brought, a jury may have concluded that Trump lied to Holt and told the truth in his earlier termination message.
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