But the probe could look into whether the president obstructed justice by firing former Federal Bureau of Investigation director James Comey. FBI Director James Comey was sacked in May, and testified to Congress that Trump asked him to go easy on Flynn.
"You can not charge a president with obstruction of justice for exercising his constitutional power to fire Comey and his Constitutional authority to tell the justice department who to investigate, who not to investigate", he said.
Politico magazine also reported that, in Clinton's case, the 42nd president was actually impeached on an obstruction of justice charge, which alleged that he obstructed justice by engaging "in a course of conduct or scheme created to delay, impede, cover up and hide the existence of evidence and testimony related to a Federal civil rights action brought against him in a duly instituted judicial proceeding".
Trump's lawyer John Dowd said he was behind a tweet that seemed to suggest the President knew his disgraced national security adviser lied to the Federal Bureau of Investigation when he dismissed him in February.
If Trump knew Flynn committed a possible felony by lying to FBI investigators, that could be a significant admission when it comes to obstruction of justice, according to lawyers who have followed the investigation.
That legal strategy drew into question whether the President and those around him now fear obstruction charges could be coming, and it drew comparisons to Nixon's famous remark during delivered a few years after the Watergate scandal: "when the president does it, that means it is not illegal", Nixon told David Frost in a 1977 interview.
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Trump is also under the erroneous impression that he can get out of trouble and doesn't understand the "threat" Mueller poses, Stone claimed.
Lawyer John Dowd made the Article II argument to Axios, while Harvard law professor Alan Dershowitz expressed his opinion on Fox & Friends.
But even assuming that the Constitution does not fully protect the president, it is clear than any construction of "obstruction of justice" to include a president ordering - directly or indirectly, and regardless of motive - the discontinuance of a criminal proceeding does at least raise serious constitutional issues. That investigation began by looking at possible collusion between the Trump campaign and Russian Federation and, thanks to Trump's own actions, has also come to key on Trump's possible obstruction of justice. "For the President's counsel even to suggest that any President is above the law, really raises, again, a question of respect for the law, and the rule of law, and also potential contempt for the rule of law".
"Many people say this situation can't get worse". "But you can be charged with obstruction of justice if you go beyond that and commit other crimes".
Even if the law applies, though, it remains unclear whether a president could ever face criminal charges for breaking it.
Roger Stone, a political operative and longtime confidant of President Trump, said Monday night that the President's lawyers "are not serving him well". Nixon resigned in August 1974, before he could be impeached or removed from office. Both Nixon and Clinton were charged with obstructing justice in their respective articles of impeachment.
Turley said he disagrees with Dowd but that it is a "perfectly reasonable argument".