https://amgreatness.com/2018/06/05/what-didnt-trump
How can a president obstruct justice when he did not know there was any justice to obstruct?
For more than a year, Donald Trump’s foes have pinned their impeachment hopes on the idea that the president obstructed justice when he allegedly told then-FBI Director James Comey in February 2017 to “let this go.” Comey claims that remark was about Michael Flynn, Trump’s former national security advisor, who had just been forced to resign amid allegations he lied about his conversations with the Russian ambassador during the transition.
The widespread (unconfirmed) assumption, then and now, is that Flynn was under some kind of investigation and that Trump’s off-the-cuff, vague remark (which the president denies) is evidence he was pressuring Comey to drop the case—and therefore obstructing justice.
Although Flynn did meet with FBI investigators in January 2017 (without a lawyer present and without notifying the White House), it is unclear whether Flynn was the subject of a formal investigation or the agency was simply looking for clarification about the conversations.
But a letter written by Trump’s lawyers to Special Counsel Robert Mueller and leaked over the weekend to the New York Times now reveals that the Justice Department refused to give a direct answer about whether Flynn was indeed under investigation at the time. According to the letter, a private meeting between Trump’s personal lawyer and then-acting Attorney General Sally Yates on January 27, 2017, went down like this:
Among the issues discussed was whether dismissal of Flynn by the President would compromise any ongoing investigations. Yates was unwilling to confirm or deny that there was an ongoing investigation but did indicate that the DOJ would not object to the White House taking action against Flynn.
Therefore, Trump’s lawyers argue, there “could not possibly have been intent to obstruct an ‘investigation’ that had been neither confirmed nor denied to White House Counsel, and that they had every reason to assume was not ongoing.”