re: #323 goddamnedfrank

The problem I see is that he isn’t actually asserting his Fifth Amendment rights. He’s just refusing to answer some questions the basis that he doesn’t want to and on the raw assertion is that as President he is somehow metaphysically incapable of committing obstruction of justice.

Yeah, that is a problem.

On the president being incapable of committing obstruction of justice, there’s a legitimate constitutional argument that because the executive power is vested in the president, which includes the DOJ’s investigatory power, that the president is ultimately in charge of any investigation conducted by the DOJ. So he’s technically right that he can shut down the investigation or conscript it in some way.

Now, that would likely, and rightfully, been seen as an abuse of power and should trigger a bipartisan impeachment effort. But, Mitch McConnell.