Mimi Rocah and Renato Mariotti write:

Special Counsel Robert Mueller’s report is 448 pages long, full of shocking conduct and detail that has prompted non-stop discussion since it was released last week. But one thing seems indisputable from our perspective as former federal prosecutors looking at the evidence laid out by the report: If Donald Trump were not now president he would have been indicted on multiple counts of obstruction of justice. And that case would be as strong, if not stronger, than many we saw working in New York and Chicago, respectively.

Justice Department policy prohibits the prosecution of a president while in office, but nothing forbids one from being charged after leaving the White House. The Mueller Report even noted one reason to investigate the president was to preserve evidence for possible future use even though Trump can’t be charged now. And Mueller collected a stunning array of evidence that clearly shows that from 2017 until 2019, Trump engaged in a persistent pattern to try to end, or at least limit the scope of, investigations surrounding him and his family.

With so much to consider, it’s helpful to focus on four areas in particular where there are multiple reliable witnesses whose testimony corroborates one another, where some of the acts simply can’t be disputed because they occurred in plain sight, and where the evidence of corrupt intent and connection to pending proceedings are clear: (1) Trump’s efforts to fire Mueller, (2) Trump’s order to falsify evidence about that effort, (3) Trump’s efforts to limit the scope of Mueller’s investigation to exclude his conduct, and (4) Trump’s efforts to try and prevent witnesses from cooperating with investigators probing him and his campaign. While this may bear some passing similarity to mob-related and other obstruction of justice cases we worked on and saw as federal prosecutors, the conduct is more shocking and serious given that Trump is the president of the United States. [Continue reading…]