The president’s critics are trying to build an obstruction case based on reading Trump’s mind.
The thing to bear in mind is that the president of the United States does not “attempt” to fire anyone in the executive branch. The chief executive either fires an inferior executive official or he does not. “Attempt” does not enter into it.
Yet “attempt” is the foundation on which the New York Times’ Michael S. Schmidt and Maggie Haberman build their blockbuster report this weekend about the decision by President Trump — apparently on the advice of his first team of lawyers — to waive executive privilege and attorney-client privilege so that prosecutors on the staff of Special Counsel Robert S. Mueller III could interview White House Counsel Donald F. McGahn II.
I will in another column address the significance of the waiver. (To my mind, it bolsters the already strong argument that the president should not agree to be interviewed by the special counsel.) For now, let’s keep our eye on the ball: the question of whether there is an obstruction case against the president. The Times report is lengthy, but here is the critical passage: