you know as well as I do that proving an obstruction without an underlying crime is slmost impossible.
The defense is he was acting as an innocent man, and more importantly committed no ACTS of Obstruction.
Simply telling his staff "fire Mueller" isn't actionable -it's anger in the heat of the moment, fully justified by wht was a concerted effort to oust Trump -Mueller only being the latest vehicle.
A judge might even not hear the case, without an ACT of Obstruction
It is not almost impossible. Ever hear of Scooter Libby? Or Martha Stewart? Barry Bonds? Conrad Black? Not to mention all the unknown names convicted without an underlying crime.
There is no "acting as an innocent man" defense. There is only the no intention to obstruct defense.
1 and 2 are givens. Trump knew that the investigation was happening.To prove obstruction under 18 U.S.C. § 1505, the Government must establish:
“„(1) that there was an agency proceeding;4 (2) that the defendant was aware of that
proceeding; and (3) that the defendant intentionally endeavored corruptly to influence,
obstruct or impede the pending proceeding.‟”
The Supreme Court has said about obstruction that
“the natural and probable effect of the defendant‟s conduct
was interference with the investigation . . . [and] that the defendant was aware of this
effect.”
Further rulings state the evidence only needs to be sufficient to allow a rational juror to find that a
person acted with the requisite intent.
The facts as laid out by Mueller make is easy for a rational juror to find Trump acted with intent. Trump said as much on more than one occasion.