Bruce Green was quoted in The Atlantic where he discusses if President Trump’s attempt to fire special counsel Robert Mueller can be considered obstruction of justice.
The fact that it would be legal for Trump to demand that Mueller be fired, or that it is legal for the president to dismiss an FBI director, would not necessarily stifle an obstruction case. There could still be obstruction if the president were using his official powers for a corrupt purpose; the crucial factor is whether he had “corrupt intent.” For example, prosecutors have discretion to decline to press charges in any particular case, but if they have taken money to do so, they have still broken the law.
“It’s not an absolute impediment that the president can fire the FBI director at will,” said Bruce Green, a law professor at Fordham University and former associate counsel in the Iran-Contra affair. “Otherwise lawful acts can be the basis of an obstruction charge if committed with corrupt intent.”
