Congress is dropping the ball on Trump’s obstruction of justice

If Burr means by this that questions of obstruction of justice or the institutional relationship between the White House and the FBI on investigative matters are not the proper purview of the Intelligence Committee, he’s right. The oddity of his remarks, however, are that both obstruction and the White House meddling in FBI matters are inextricably intertwined with the matter directly at issue in the SSCI investigation: Russian interference in the election and the intelligence community’s response to it. It’s not entirely clear from Burr’s remarks what aspects of Comey’s dismissal the committee is and is not considering within its purview. What is clear, however, is that the committee is signaling publicly that broad institutional integrity questions regarding the President’s interactions with law enforcement are not. That leaves a huge hole, presumably for the Senate Judiciary Committee to fill. Someone, after all, needs to address the question of the president’s interaction with his law enforcement apparatus over his time in office and what, if any, remedial steps are necessary and appropriate. To the extent the question implicates criminal law, special counsel Robert Mueller will take the lead. But to the extent it merely implicates the institutional integrity and independence of the Justice Department and the FBI, someone else — most obviously Congress — is going to have to pick up the torch.

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