Eric Posner and Daniel Hemel: "Meta-Obstruction of Justice"

Meta-Obstruction of Justice
Eric Posner and Daniel Hemel
Ericposner.com
June 13, 2017

Can a President be guilty of obstruction of justice for firing a special counsel who is investigating whether the President committed obstruction of justice?

The question might not be hypothetical. A friend of the President, Newsmax Media CEO Christopher Ruddy, told PBS NewsHour Monday evening that Trump is “perhaps considering terminating the special counsel.” Ruddy reportedly reiterated that view in a text message to the Washington Post.

As a constitutional matter, Trump would probably have to direct the Deputy Attorney General, Rod Rosenstein, to do the firing. If Rosenstein refused, then President Trump could fire Rosenstein. Ultimately, he could almost certainly find someone at the Justice Department (or elsewhere in his Cabinet) who would issue the order to terminate Mueller, though this might require a few more firings along the way.

Faculty: 
Eric A. Posner
Faculty: 
Daniel Hemel