Axios' writer Mike Allen posted an article this morning outlining Trump's lawyer's argument that as the chief law enforcement officer of the United States Donald Trump cannot obstruct justice.
"John Dowd, President Trump's outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.
The "President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case," Dowd claims.
Dowd says he drafted this weekend's Trump tweet that many thought strengthened the case for obstruction: The tweet suggested Trump knew Flynn had lied to the FBI when he was fired, raising new questions about the later firing of FBI Director James Comey.
Dowd is wrong, the Tweet arguably does admit obstruction. However, Dowd has a point in making the argument that as the chief law enforcement officer Trump does have the right to ask about ongoing investigations. At least the argument has some merit.
However, Dowd is arrogant and ignorant if he thinks (which he probably does not) that there is no counter argument to his theory.
"Bob Bauer, an NYU law professor and former White House counsel to President Obama, told [Allen]: 'It is certainly possible for a president to obstruct justice. The case for immunity has its adherents, but they based their position largely on the consideration that a president subject to prosecution would be unable to perform the duties of the office, a result that they see as constitutionally intolerable.'"
The issue is likely to be debated in the Courts. One thing to remember, as Allen adequately points out in his Axios article, obstruction of justice is usually an ancillary charge.
Therefore, it is quite possible that Mueller is looking into more serious charges as it relates to people in the Trump White House and, maybe, Trump himself.
Read Allen's article at Axios: Exclusive: Trump lawyer claims the "President cannot obstruct justice"