John Dean Calls Leaking The Questions A Possible Basis For Obstruction Of Justice

President Nixon’s White House counsel John Dean claimed that if the Trump administration leaked questions from special counsel Robert Mueller it could qualify as obstruction of justice.  Once again, I disagree with such sweeping interpretations of the crime of obstruction of justice.  Leaking such questions or topics would not be a crime under any case that I am aware of in defining the crime of obstruction.

The New York Times revealed Monday that it had a list of nearly 50 questions Mueller would like to ask Trump as part of the investigation.  Dean, a CNN contributor, stated that “The very fact that the questions are out there, my first reaction, suggesting it could be an act of obstruction to just have released these questions.”

I cannot see the basis for such a claim.  These were topics discussed between prosecutors and a subject’s counsel. There is no nondisclosure agreement binding a subject who testifies in a grand jury or is interviewed by prosecutors. If that could be the basis for obstruction, prosecutors could silence a host of individuals by simply interviewing them or raising a variety of topics.

I have previously criticized Trump’s critics for continually downplaying the elements  needed to establish crimes like obstruction.  It creates a false impression for the public about the underlying facts and relevant legal analysis.  As I discussed today, leaking these questions could very well be a violation of legal ethics, but I do not see the basis for an allegation of obstruction.