Now it's time for our daily Bloomberg lawbrary of exploring legal issues in the news, brought to you by American Arbitration Association, International Trade or Business Dispute Resolve Faster with the International Center for Dispute Resolution, the leader in alternative dispute resolution around the world, i c d R dot org. Today, Bloomberg lawhostud In Grasso discusses the legal implications of President Trump's alleged requests that former FBI Director James Commy cease
his investigation into National Security Advisor Michael Flynn. She speaks to Bradley Moss, a partner at Marks a PC, and Richard Painter, a professor at the University of Minnesota Law School and former ethics lawyer for George W. Bush. Let's start with the criminal offense. Do his actions make out a case for obstruction under federal criminal statutes? Yes, I think that there is substantial evidence of criminal obstruction of Jospice.
I believe that they the investigate it by an independent special oscutor, as well as by the House and the Senate Judiciary compete um. But the memo documented conversation that in and of itself probably would not arise to criminal
obstruction of justice. But we put that in the context of the President asking the FBI director to affirm his loyalty to the president, the fact that the FBI director was fired, and that the President has acknowledged that his firing of the FBI director was connected to the Russia investigation, and then the fact that General Flynn was going to turn state evidence. Put all these facts together, and I think there is what I would characterize a strong evidence
as the president in criminal um obstruction of justice. But it's certainly not an open and shot trase at all. It needs to investigate for. And Bradley, do you agree
with that? Yeah, by and large, I mean I think that the evidence we've gotten right now is very strong, circumstantial evidence for at least the impeachment charge of a structural justice UH to to supplement what Richard was saying in terms of the criminal side, the one thing that might save the president, which is a legal nuance a highly doubt he actually is aware of, is that as far as the criminal courts have typically been concerned, and a pending FBI investigation in and of itself would not
qualify as the type of proceeding that would implicate any of the obstruction of justice criminal provisions under the US Code. So it's a slight legal loophole which just by happenstance, would possibly save the president from a criminal charge if that was ever feasible, But in an impeachment context, he wouldn't be quite as limited. I think we do have some good circumstantial evidence. I don't believe all the pieces
have quite moved into place yet though. That's Bradley Moss, a partner at marchd BC, and Richard Painter, a professor there at the University of Minnesota Law School and former ethics lawyer for George W. Bush, speaking to Bloomberg Law hostju In Grassoe. You can listen to Bloomberg Law weekdays at one pm Wall Street Time here on Bloomberg Radio