President have the legal authority to fire a director of the FBI.
Presidents can pardon people. If he wanted he could pardon flynn just like he did for Sheriff Joe. They can instruct who to look into and who not to.
All presidents have used this power.
The only thing they could get him on is if they conspired to do or receive anything illegal from Russia and Trump knew.
That isn't my understanding from the reading I have done, for example this conservative lawyer, particularly the bit in bold.
http://amp.nationalreview.com/corne...itutionally-immune-obstruction-justice-charge
As the head of the executive branch of government, Trump has the power to fire an FBI director. He has the power to exercise the prosecutorial discretion to order federal law enforcement agencies to drop an investigation. He possesses an immense pardon power. He does not, however, possess the power to order any federal agency to reach a specific conclusion in its investigation. In other words, he does not have the constitutional authority to “corruptly” put his thumb on the scales of an investigation to dictate that the investigation vindicate him or his associates.
Thus, if Trump isn’t just seeking the end of the investigation but rather the total vindication of his campaign, he is barred from “corruptly” influencing the relevant proceeding (or Congressional investigation.) For example – and to hearken back to both the
Nixon and
Clinton impeachment counts – he can’t manipulate witnesses into giving false testimony (for example, Clinton allegedly provided grand jury witnesses with false information knowing that they’d transmit that false information to the grand jury).
There are limits to his ability to conceal evidence. He obviously can’t direct subordinates to lie to the FBI.
But what about his decision to terminate Comey? Clearly, if he terminated Comey because Comey failed to follow a lawful presidential directive – even if that directive was foolish or self-serving – then it’s specious to argue that a federal statute can criminalize the exercise of a constitutional power for a constitutionally-acceptable purpose. For example, if Trump truly fired Comey for refusing to publicly declare the fact that Trump wasn’t personally under investigation, then that action may be unwise, but it is lawful.
If, however, Trump fired Comey for not clearing Flynn because Trump wanted the FBI to vindicate his senior team, then Trump would have used his constitutional power as part of an effort to deceive the American people. Given the scope of the president’s constitutional authority over Comey, I still do not believe the
firing alone can meet the legal definition of obstruction of justice. However, since impeachment is a political process – not a legal adjudication of violations of federal statutes – evidence of malign intent could certainly transform the termination into an abuse of power sufficient to support an article of impeachment. In fact, given the various legal and constitutional complications involved in prosecuting president,
I agree with Andy. The likely course of action
even if Mueller believes Trump violated criminal law isn’t a criminal indictment but rather a report articulating the grounds for impeachment. In such a case, however, the
legal argument over an alleged statutory violation would be just as important as the political, historic, and constitutional arguments over the definition of high crimes or misdemeanors.
My own view is that there is yet insufficient evidence to bring an obstruction claim against Trump – either as an article of impeachment or as a count in a federal indictment. The Comey firing, however, should not be viewed in isolation. It may represent one key
component of a comprehensive effort to corruptly influence relevant proceedings or investigations.
Let’s not forget, Trump didn’t just fire Comey, he misled the American people about his reason for firing the FBI director. Judging from his tweet this weekend, he also misled the American people about his reasons for forcing out Flynn. He also was reportedly directly involved in
drafting a misleading statement about his son’s meeting with purported Russian operatives during the campaign. His administration has time and again
made false public statements about its Russian contacts.
As the Flynn guilty plea demonstrates, it’s one thing to mislead the American people, it’s another thing to lie to the FBI. As we’ve watched the administration get caught in falsehood after falsehood over the Trump campaign and transition team’s numerous contacts with Russian officials or purported operatives, it’s premature for any person to definitively declare that there exists insufficient evidence that Trump violated the law. Any person making that declaration now is, at best, offering an educated guess. But there is one thing that we can definitively declare. Trump is not above the law, and that law includes statutes prohibiting obstruction of justice.