Muller: the US Constitution does not give Trump immunity from obstruction of justice





Congress can legally regulate the fulfillment by the President of his official powers

Muller: the US Constitution does not give Trump immunity from obstruction of justice

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US special prosecutor Robert Muller does not agree with the lawyers of President Donald Trump that the actions of the head of state for which he has constitutional powers cannot be regarded as attempts to obstruct the administration of justice. This is stated in the published version of the Muller report on the results of the investigation into the incriminated Russia in the American elections in 2016.


According to the special prosecutor, Trump's lawyers insisted that the country's legislation gives the president every right to "dismiss the FBI director and stop investigations." So the actions of the president, for which he has the powers in accordance with the constitution, cannot be considered as attempts to interfere with justice. Otherwise, the constitutional role of the chief executive would be infringed upon.

Muller expressed disagreement with this position. “With regard to the arguments referring to the provisions of the constitution, we recognize that the Ministry of Justice and the courts did not give a definitive interpretation of these constitutional provisions. For this reason, we analyzed the position of the president in terms of the Supreme Court’s case-law decisions regarding the separation of powers. decisions, we concluded that the second article of the constitution (which lists the powers of the head of the American state - ed) does not give the president categorical and permanent immunity from Flax responsibility for the behavior we are investigating, "- the report says.

“Based on the decisions of the Supreme Court in our analysis, we came to the conclusion that the Congress can legally regulate the fulfillment by the President of his official powers, prohibiting actions based on the corrupt intention to prevent the administration of justice,” the special prosecutor believes. "We have concluded that the Congress can legally apply the norms of the law relating to obstruction of justice, to the actions of the president that have a corruption motive, without undermining his powers listed in the second article of the constitution," the document says.

At the same time, Muller stressed that he could not make an unequivocal conclusion about whether Trump created obstacles to justice.

Earlier, the US Department of Justice published a shortened, confidential information version of the Muller report on the investigation of Russia's interference in the 2016 US election. Since May 2017, Muller has been investigating Russia's alleged attempts to influence the pre-election process in the United States in 2016.

Before the report was published in Washington, the Attorney General and US Secretary of Justice William Barr, who said that Russia did intervene in the American electoral process, but without the participation of the Americans and Trump including, spoke in Washington.
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