Tag

#obstruction

13 incidents

Updated July 15, 2024 Rule of Law
Critical Rights and Rule-of-Law Concern Ongoing

Mar-a-Lago Classified Documents: Indicted on 37 Federal Counts for Obstruction and Mishandling

The indictment alleged that Trump had shown classified documents to people without security clearances, directed his staff to move boxes to avoid document review, and directed his attorney to falsely certify that all subpoenaed materials had been returned — when they had not. Trump's valet Walt Nauta was indicted as a co-conspirator. The case was assigned to Judge Aileen Cannon, a Trump appointee; she dismissed the case in July 2024 on the grounds that the Special Counsel's appointment was unconstitutional. The Justice Department appealed.

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4
classified-documentsMar-a-Lagoindictmentpost-presidencyobstruction
Updated January 20, 2021 Rule of Law
Critical Rights and Rule-of-Law Concern

First-Term Pardons: Rewarding Allies Who Protected Trump from Prosecution

Trump's end-of-term pardons formed a pattern: the beneficiaries were overwhelmingly personal associates, political allies, or people whose silence or loyalty had protected Trump from prosecutorial pressure. Manafort and Stone had both been convicted in Mueller's investigation. Flynn had pleaded guilty twice to lying to the FBI. Bannon was under indictment for fraud. The pardons rewarded loyalty and silence — establishing that cooperation with investigators would not be protected, while non-cooperation would be.

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5
pardonsrule-of-lawManafortRoger-StoneFlynn
Updated February 5, 2020 Rule of Law
Critical Rights and Rule-of-Law Concern

First Impeachment: Abuse of Power and Obstruction of Congress Over Ukraine

The first impeachment arose from a July 25, 2019 call between Trump and Ukrainian President Zelensky in which Trump asked Ukraine to 'do us a favor' by investigating the Bidens and the 2016 election, while $391 million in congressionally approved military aid was being withheld. Ambassador Gordon Sondland testified that there was an explicit quid pro quo and 'everyone was in the loop.' Ambassador William Taylor testified that U.S. officials were told the aid was conditioned on the announcement of investigations. The Senate acquitted on party-line votes except for Romney, who voted to convict on the abuse of power article. Trump fired Sondland and Lt. Col. Alexander Vindman (who had raised the alarm about the call) two days after the acquittal.

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4
impeachmentUkraineabuse-of-powerobstructionfirst-term
Updated December 23, 2020 Rule of Law
Major Abuse of Power

Roger Stone: Convicted, Then Commuted, Then Pardoned — Witness Tampering and Obstruction Rewarded

Stone was convicted of lying to Congress about his contacts with WikiLeaks, which had published emails stolen from the Democratic National Committee and John Podesta by Russian intelligence. The jury found he had also tampered with a witness — elderly former radio host Randy Credico — to prevent him from contradicting Stone's false congressional testimony. Four prosecutors resigned from the case after political appointees overrode their sentencing recommendation. A fifth prosecutor withdrew entirely. Trump commuted Stone's sentence days before Stone was to report to prison; he issued a full pardon seven months later.

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StonepardonobstructionRussiafirst-term
Updated February 5, 2020 Rule of Law
War Crime / Crime Against Humanity

Ukraine Extortion and First Impeachment: Withholding Military Aid to Coerce Election Interference

Trump conditioned release of congressionally-approved military aid on Ukraine's announcement of investigations targeting his political rival. The scheme, exposed by a whistleblower and confirmed by multiple witnesses including Trump's own ambassador to the EU, made national security funds contingent on Trump's personal electoral interests. The House voted to impeach; the Senate acquitted on party lines after blocking witness testimony.

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5
impeachmentUkrainebriberyobstructionrule-of-law
Updated May 29, 2019 Rule of Law
Major Abuse of Power

Barr's Mueller Report Summary: Misrepresented Findings, Withheld Report for Weeks

Mueller's investigation documented ten episodes of potential obstruction of justice and concluded that while it could not exonerate Trump, it also could not reach a traditional prosecutorial judgment because of the OLC opinion barring indictment of a sitting president. Barr's summary letter stated 'the Special Counsel did not find that the Trump campaign conspired or coordinated with Russia' and that Mueller had 'not established that members of the Trump campaign conspired.' On obstruction, Barr stated on his own authority that the evidence was 'not sufficient to establish that the President committed an obstruction-of-justice offense' — an independent judgment Mueller had explicitly declined to make.

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BarrMuellerobstructionrule-of-lawfirst-term
Updated December 23, 2020 Rule of Law
Critical Rights and Rule-of-Law Concern

Roger Stone: Convicted of Seven Felonies, Sentence Commuted, Then Pardoned

Stone was charged with lying to the House Intelligence Committee about his contacts with WikiLeaks during the 2016 campaign, when he served as an intermediary between the Trump campaign and WikiLeaks regarding the release of hacked Democratic emails. He also threatened a witness — radio personality Randy Credico, whom he called a 'rat' and threatened to harm his therapy dog — to prevent him from contradicting Stone's testimony. The jury of twelve convicted Stone on every count after deliberating for two days. Four prosecutors resigned from the case after the Justice Department overrode their sentencing recommendation of 7 to 9 years with a more lenient one, following Trump's tweet calling the original recommendation 'very unfair.' The federal judge sentenced Stone to 40 months.

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4
StoneMuellerfirst-termrule-of-lawWikiLeaks
Updated January 3, 2021 Rule of Law
Critical Rights and Rule-of-Law Concern

DOJ Independence: Attacking Prosecutors, Demanding Investigations of Political Opponents

Trump's attacks on DOJ independence were systematic across four years. He publicly tweeted demands for prosecution of Clinton and others; pressured Sessions to unrecuse and Rosenstein to limit Mueller's investigation; fired Comey; asked Mueller to be fired (stopped only by White House counsel Don McGahn's threatened resignation); demanded investigation of the FBI's origins investigation; and in December 2020–January 2021 pressured acting AG Jeffrey Rosen to pursue election fraud claims after Bill Barr had resigned rather than act on them. The January 3, 2021 Oval Office meeting in which Trump demanded Rosen be replaced with Jeffrey Clark — who would have sent false letters to state officials claiming DOJ had found election fraud — was documented in Senate Judiciary Committee testimony.

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DOJrule-of-lawindependencefirst-termJeffrey-Clark
Updated April 18, 2019 Rule of Law
Critical Rights and Rule-of-Law Concern

Mueller Investigation Obstruction: Witness Tampering, McGahn, Flynn Pardon Signal

The Mueller Report documented a sustained pattern of obstruction. Trump ordered McGahn to fire Mueller in June 2017; McGahn refused and prepared to resign. Trump later ordered McGahn to publicly deny having received this order; McGahn refused. Trump publicly praised associates who did not cooperate and attacked those who did. His private communications with Manafort were described in court filings as reassuring Manafort that a pardon was a possibility, potentially discouraging cooperation. Mueller concluded that Congress, not the Special Counsel, was the appropriate institution to address obstruction given OLC policy against indicting a sitting president.

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4
MuellerobstructionMcGahnManafortfirst-term
Updated May 11, 2017 Rule of Law
Critical Rights and Rule-of-Law Concern

James Comey Firing: Obstruction of the Russia Investigation

The Comey firing followed Trump's request to Comey for 'loyalty' and a request to drop the investigation of Michael Flynn. Comey had declined both. After the firing, Trump told NBC: 'When I decided to just do it, I said to myself, I said, you know, this Russia thing with Trump and Russia is a made-up story.' In a meeting with Russian Foreign Minister Lavrov and Ambassador Kislyak the next day, Trump reportedly said firing Comey had taken 'great pressure' off him. The Mueller report identified 10 instances of potential obstruction; regarding the Comey firing specifically, Mueller found 'substantial evidence' of corrupt intent but did not recommend charges based on DOJ policy.

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4
ComeyobstructionRussiaFBIfirst-term
Updated November 7, 2018 Rule of Law
Major Abuse of Power

Sessions Recusal, AG Firing, and the Mueller Obstruction Pattern

Sessions's recusal created the conditions for the appointment of Special Counsel Robert Mueller, since it meant Deputy AG Rod Rosenstein oversaw the Russia investigation. Trump spent 20 months publicly attacking Sessions for his recusal — including in tweets, press statements, and reporting — while his private conduct (documented by Mueller) included repeated instructions that Sessions should 'unrecuse' himself and take control of the investigation. The day after the 2018 midterm elections, Trump demanded and received Sessions's resignation, replacing him with Matthew Whitaker — a move DOJ legal scholars argued was designed to install an acting AG who would not be recused from the Russia investigation.

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SessionsMuellerobstructionrule-of-lawfirst-term
Updated November 25, 2020 Rule of Law
Critical Rights and Rule-of-Law Concern

Michael Flynn: National Security Adviser Lied to FBI, Trump Pressured Comey, Flynn Pardoned

Flynn's conversations with Kislyak on December 29, 2016 — the day President Obama announced sanctions against Russia for election interference — were intercepted by U.S. intelligence. Flynn told Pence the conversations had not touched on sanctions; Pence publicly repeated that claim. After the Washington Post reported Flynn had indeed discussed sanctions, Flynn resigned. On January 27, 2017, Trump told Comey at a one-on-one dinner that he hoped Comey could let the Flynn investigation go. Comey did not drop it. Trump fired Comey on May 9, 2017. Flynn pleaded guilty December 1, 2017. His cooperation with Mueller provided significant intelligence about the transition period. Trump pardoned Flynn in November 2020, after Flynn had withdrawn his guilty plea.

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FlynnComeyfirst-termrule-of-lawMueller
Updated December 1, 2017 Corruption & Self-Dealing
Major Abuse of Power

Michael Flynn: Turkey Lobbying Cover-Up, Foreign Agent, NSA Lies to FBI

Flynn was paid over $530,000 by a Turkish-controlled entity while serving as one of Trump's most prominent campaign surrogates in 2016 — work he initially did not disclose and later retroactively registered as foreign agent activity. He lied to FBI investigators about his December 2016 contacts with Russian Ambassador Kislyak, in which he discussed sanctions that the Obama administration had just imposed on Russia for election interference. Flynn pleaded guilty to making false statements in December 2017, cooperated with Mueller, then attempted to withdraw his plea, and was ultimately pardoned by Trump in November 2020.

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FlynnTurkeyFARARussiafirst-term