President Trump's attorneys have claimed that the "chief law enforcement officer" cannot commit obstruction of justice, which logically raises another question: Can the "chief foreign policy officer" commit treason? I answer that question today in an essay in The Daily Beast. Here is the gist:
If the chief law enforcement officer has carte blanche to define obstruction of justice (thus allowing him to derail investigations at will), then the chief foreign policy officer must have the same authority to determine which nations are and are not our enemies (thus allowing him to give aid and comfort to the foreign power of his choice). That is obviously an absurd outcome, but it is virtually compelled by the logic of the Kasowitz and Dowd letter, which makes the president the ultimate decider of the legality of his own actions.
We know from the constitutional text, however, that a president can indeed commit treason, as that is one of the specified grounds for impeachment, along with bribery and high crimes and misdemeanors. And if the president can commit treason, despite his authority over foreign policy, he can also commit obstruction of justice, per the Mueller investigation, his power over law enforcement notwithstanding.
You can read the entire essay here.