More important, loose talk about such tweets as obstruction continues to ignore the legal definitions of obstruction. There are various such provisions, but none would fit this type of assertion of innocence or criticism of an investigation. If it did, much of our political discourse could be charged as obstruction. There is no evidence of such willful actions as “bribery” under Section 1510 of Title 18 of the U.S. Code.

Even under the broader definition inSection 1505, these tweets do not represent someone who “corruptly” endeavors to obstruct the proper administration of law “under which any pending proceeding is being had before any department or agency of the United States.”

This does not mean that Mueller cannot include these tweets in a report detailing inappropriate statements and conduct by Trump. The president’s tweets proved costly in the immigration litigation in giving the courts ample ammunition to shoot down his executive orders.