The forgotten reason Congress needs to see the Mueller report

In short, while the president can decide what cases to pursue, it’s Congress’ job to protect how they move through our judicial system. In fact, understanding obstruction of justice as an expression of Congress’ constitutional power to safeguard the judicial process means that contrary to Barr’s assertions, the motive behind the obstruction matters—particularly when it comes to the president. Precisely because the test for obstruction of justice is whether someone acted with a “corrupt” motive, the crime gets to the heart of whether Trump has upheld his oath to ensure “faithful” execution of the laws—and gives the “take care clause” meaning and accountability. If there is evidence, for example, that Trump tried to stop the Russia investigation to shield his own private conduct because it is illegal, politically damaging, or even merely embarrassing to him personally, then he has not only violated the U.S. legal code, but also his own constitutional duty to enforce the laws in good faith.

It’s because the president holds such immense power that the crime of obstruction of justice not only applies to him, but applies especially to him: When he abuses that authority he is not only potentially breaking the law, he is encroaching on Congress’ constitutional interest in the administration of justice—which means Congress has a lens, independent of its impeachment power, through which to review his actions. The full details of Mueller’s report will reveal if Trump used his power to undermine the efforts of his coequal branches to uphold the rule of law—and Congress has every right to find out.