Similarly, what if the president paraded up and down Pennsylvania Avenue in front of the Justice Department with a bullhorn shouting, “Stop the Flynn investigation!”?
It would be unwise and inappropriate, but no one would say the president committed a crime. And he certainly could not be charged with obstruction of justice.
So, if the president’s wishes about an investigation can be loud and public, how is it possible that he violated the law by having a private conversation with a member of his own administration? How can it be that a bold position made in public would be legal, yet an arguably reserved position made in private is somehow considered criminal?
When it comes to obstructing justice before an audience, does size matter? I would love to hear from lawyers about this.