Because the president cannot obstruct justice when he
Posted on: December 12, 2017 at 17:27:22 CT
Spanky KU
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exercises his lawful authority that is vested by Article II of the Constitution.
Firing Comey was in his lawful authority.....Myers v. United States held that Congress cannot strip the president’s absolute authority to fire officers who are subject to his control. So that is not Obstruction.
He cannot be impeached for firing Comey because, whatever “high crimes and Misdemeanors” means to Congress, it cannot include conduct that is itself protected by the Constitution.
In short, the question of whether the Trump obstructed justice will be determined by whether his actions are supported as powers under Article II. Firing Comey is supported by Article II.