Collusion and Obstruction: Two Different Kinds of Crime

If the President had been found guilty of Russian collusion — that is, of participating in a criminal conspiracy with the Russians to undermine our election — then it would have indicated that he is a particular kind of villain. It takes a particular kind of villain to knowingly work with our enemies to subvert the democratic process. That represents a treasonous betrayal of our country.

On the other hand, being oafish and ignorant of the nuances of executive authority in the context of a legal investigation, while it may arguably appear to meet the legal definition for a charge of obstruction of justice, need not suggest that the President is a villain. Rather, it may simply indicate that he is an amateur on matters of law and politics, and that he is accustomed to speaking his mind without considering the unique legal implications of doing so while the head of federal law enforcement.

I never thought the collusion charges made much sense, and Mueller’s finding that no collusion occurred surprises me not at all.

As to obstruction, I find it much more plausible that the President expressed his frustration at what he rightly considered a relentless and unjustified witch hunt that was undermining his administration, and that he explored various avenues for putting an end to it — but that, finally, he both allowed the investigation to continue and cooperated with it. We know that he resisted the temptation to invoke executive privilege, even when he might plausibly have done so.

I understand his frustration. I appreciate his transparency. I particularly appreciate the people who counseled him to let the investigation run its course.

I think it’s time his critics stepped back and considered the possibility that they’re trying to trap a normal person in a web of legal technicalities in an effort to undo, by hook or by crook, the result of a legitimate election that happens to have led to an outcome they find offensive.

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