https://www.foxnews.com/opinion/andrew-c-mccarthy-would-mueller-indict-trump-for-attempting-to-fire-mueller
With indications that special counsel Robert Mueller’s final report is imminent, talk of “no collusion” is dominating chatter by the president, his fans, and his critics. That is, a finding of no criminal conspiracy between the Trump campaign and Russia is widely anticipated. Yet, my sense is that, more than on collusion, Mueller may focus on the obstruction aspect of his investigation.
I want to examine an element of that, involving the status of Mueller himself.
New York Times reporters Maggie Haberman and Michael S. Schmidt have highlighted Trump’s purported “attempts” to fire Mueller, which mainly involved “trying to get” then-White House counsel Donald McGahn to fire him. What does this reporting tell us? Well, we know prosecutors are investigating whether the president obstructed the Russia investigation. How could bombast about firing Mueller bear on that issue when, of course, Trump never actually fired him?
The answer may be found in that word: attempt.
The Times reporting presages that Mueller has homed in on the parts of federal obstruction laws that address not only interference with a proceeding but also “attempts” to do so. Could the special counsel be poised to argue that Trump committed obstruction by attempting to fire the special counsel?
If that is the theory, it is meritless. In the context of the chief executive’s dismissal of subordinates, the concept of attempt is inapposite. A president either fires someone or he doesn’t.
Actually, there are at least three problems with trying to inflate Trump’s spasms of anger over Mueller into an obstruction felony.