BREAKING: On May 9, 2017, the Impeach Donald Trump Now campaign is adding new grounds to its call for an impeachment investigation, based on the President’s apparent obstruction of justice arising from his firing of FBI Director James Comey.

On the date of his firing, Director Comey was leading one or more investigations into potential Trump team collusion or coordination with the Russian government or Russian government-associated entities, for interfering in the 2016 election and other matters. These investigations are confidential, and may involve potential violations of the Foreign Agents Registration Act, the Espionage Act, the Federal Election Campaign Act, and other law. Regardless of the ultimate outcome of these investigations, President Trump may have committed obstruction of justice by firing Director Comey in the midst of these investigations.

Specifically, Congress’s impeachment investigation should include (in addition to the President’s violations of the Foreign and Domestic Emoluments Clauses) whether the President has, in violation of his constitutional duty to take care that the laws be faithfully executed, prevented, obstructed and impeded the administration of justice.

Obstruction of justice is undoubtedly an impeachable offense; it was the first article of impeachment against President Nixon, and in 1998 the House of Representatives approved an article of impeachment against President Clinton for obstruction of justice. Obstruction of justice includes, but is not limited to, the following federal criminal offenses:

  • 18 U.S.C. § 1503 – Influencing officer. This statute provides for punishment of up to ten years’ imprisonment for “[w]hoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any . . . officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, . . . or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.”
  • 18 U.S.C. § 1505 – Obstruction of proceedings before departments, agencies, and committees. This statute provides for punishment of up to five years’ imprisonment for “[w]hoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress.”
  • 18 U.S.C. § 1512 – Tampering with a witness. This statute provides for punishment of various forms of witness tampering, including but not limited to “[w]hoever corruptly – otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.”
  • 18 U.S.C. § 1513(e) – Retaliating against a witness. This statute provides for punishment of up to ten years’ imprisonment for “[w]hoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense.”

The House of Representatives should immediately open an investigation into whether President Trump’s firing of Director Comey constitutes obstruction of justice justifying preparation of articles of impeachment.