Is the Investigation into Possible Trump Obstruction a Waste of Time?

In all the stories we have heard of Mueller possibly investigating Trump for Obstruction of justice, there is one little tidbit people forget.  According to most legal experts, he can't be charged with a crime while a sitting President.

From all places, The Washington Post, a sitting President cannot be charged while in office, as it was found in 1973 with Nixon, and 2000 with Bill Clinton.

"Because he’s the president of the United States. And it’s not at all clear that you can prosecute the sitting president of the United States. 

Sooner rather than later, this conundrum may land on the desk of special counsel Robert S. Mueller III, who has been appointed to handle the ongoing investigation into Russian efforts to interfere in the 2016 election. Comey himself said as much Thursday, that it wasn’t up to him to decide obstruction of justice: “That’s Bob Mueller’s job to sort that out.” 

Of course the legal jury is still out on the subject of Presidental immunity, however, the only known remedy for a Special Counsel finding criminal acts by a President is to submit those findings to Congress, who would decide by a majority if those charges or findings warranted impeachment proceedings.  Until then Mueller's findings won't be known, as they first come back to the Attorney General who makes that decision whether or not Congress can view them.

Congress could subpoena the AG, but that would likely lead to the AG citing executive privilege.   As I said here, I don't feel Mueller wants to travel into this gray area, especially in his possible last high profile case.

If Mueller is looking at Obstruction - He Backed Himself into a Corner

If this Washington Post story is true - and there is doubt it is, After all, look at how many of their bombshells have bombed, he's likely just glancing over it.  But if he charges Trump with obstruction, Republicans will cry "foul", as it' already been reported that he has surrounded himself with Clinton fans.  Can you say, "Fix was in?"

Another is the lack of evidence.  First, the only real "evidence" is a memo that Comey wrote that details Trump asking him if he could just let Flynn go.  Using the word "hope" isn't obstruction, no matter how Comey felt about it, and no legal sources I've talked to would say so.  If fact during questioning from Sen. James Risch.

“Do you know of any case where a person has been charged for obstruction of justice, or for that matter any other criminal offense where they said or thought they hoped for an outcome?” Risch asked. 

“I don’t know well enough to answer,” Comey replied. “And the reason I keep saying his words is, I took it as a direction. I mean this is the president of the United States with me alone saying ‘I hope this,’ I took it as this is what he wants me to do.” 

“You may have taken it as a direction but that’s not what he said,” Risch shot back.
“Correct,” Comey replied. 

“He said, I hope,” Risch responded. “You don’t know of anyone that’s ever been charged for hoping something. Is that a fair statement?” 

“I don’t as I sit here,” Comey answered. 

 Additionally, unless there are tapes, it's Comey's word against Trump as they were the only two in the room.  Therefore in-admissable in a court of law.

Then there is also the DNI, NSA Directors testimony, to the Senate Intelligence Committee that they never felt any pressure to end the investigation.

In other words, there is nada evidence for obstruction, and even if Mueller tries to apply it he falls under suspicion of motive.  That's not something that Mueller in the twilight of his career wants as his curtain call.

Lastly, even if he finds obstruction it's up to the DOJ to move for an indictment, and they could pull a Comey and say that there wasn't any real intent.

Addition thought from Hot Air's John Sexton.

But don’t forget, according to Comey’s own testimony, Trump also said he would be happy to see the investigation go forward even if some “satellite” associates of his were shown to have done something wrong. That was on a phone call after the Oval Office discussion about Flynn. So it didn’t sound as if Trump was trying to stop the Russia investigation at that point.

Indeed.