Gowdy: Mueller punted conclusion on obstruction of justice due to 'open-ended' question on presidential power

Special Counsel Robert Mueller’s decision not to offer up a conclusion on whether President Trump obstructed justice stems from serious uncertainty over the law.

That’s according to former congressman and Fox News contributor Trey Gowdy, who gave a lengthy, candid interview to Bill Hemmer on the latest “Hemmer Time” podcast.

“There is some unsettled law on exactly what a president can do. I mean, a president could pardon you today, Bill, before you were ever charged,” Gowdy told Hemmer.

“A president can call the United States attorney and say, ‘look, I’m going to pardon Bill Hemmer so don’t even waste your time.’”

“I think it’s an open-ended question -- can a president obstruct an investigation? Surely if you spoliate evidence, if you encourage witnesses to lie, of course, that’s obstruction of justice.

“So, I think what Mueller was saying is we don’t know the department’s position on whether the president can obstruct justice or not. That’s for you to decide, we’re going to punt it to you.


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