Marjorie Cohn is professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, Salon, Jurist, Truthdig, Portside, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio.
April 22, 2019
After a nearly two-year investigation, culminating in a 448-page report, Special Counsel Robert Mueller concluded that Russia attempted to influence the 2016 election but found insufficient evidence to prove the Trump campaign conspired with Russia. Mueller did not decide, however, if Trump obstructed justice.
The special counsel detailed 10 acts that could constitute obstruction of justice. But based on a memo from the Department of Justice’s Office of Legal Counsel that says a sitting president can’t be indicted, Mueller refrained from concluding whether the evidence was sufficient to charge Trump with obstruction.
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If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.