NEW: Time is running out for Biden's Justice Department to prosecute Trump for 10 possible crimes detailed in the Mueller report - by @cryanbarber @thisisinsider businessinsider.com/trump-prosecut…
A year ago Thursday, Donald Trump boarded Air Force One for the final time in his presidency and retreated to Mar-a-Lago, refusing to stand witness for the swearing-in of Joe Biden.
It was a momentous day marking the culmination of an electoral defeat Trump had pushed desperately to overturn. Now a full year out of office — and 5 years removed from his own swearing-in — Trump is closing in on anniversaries that carry more legal than political significance.
The five-year statute of limitations to prosecute any alleged federal crimes he committed while in office, after all, is ticking away. You may recall Trump's tumultuous first year as president featured a string of episodes that came under scrutiny in the Mueller investigation.
In his final report, Mueller's team documented 10 episodes of possible obstruction of justice by Trump. Among them were Trump's efforts in early 2017 to pressure FBI Director James Comey to close an investigation into Michael Flynn, who at the time was national security advisor.
Trump later fired Comey, setting in motion the events that led to Mueller's appointment as the special counsel in charge of the investigation into Russian interference in the '16 election. They examined not just that episode but also Trump's effort to have Mueller removed.
Mueller declined to make a decision about whether Trump broke the law, in part because of DOJ's policy that presidents can't be charged w/ a federal crime. But, at a House hearing, Mueller acknowledged Trump could theoretically be charged w/ obstruction after leaving office.
Charging an ex-president with a federal crime would be an unprecedented first in American history. Still, in the eyes of Trump's critics, the Mueller report provided a playbook for prosecuting him.
The Justice Department has been silent as the five-year deadline nears.
"What's a matter of urgency that I'm very upset about is the statute of limitations is five years for obstruction of justice, and it's going to expire in a few months," said Richard Painter, a law prof who served as a chief ethics lawyer for the W. Bush admin.
"That Mueller report is a roadmap to an indictment of Donald Trump for obstruction of justice … Literally, a couple hours of work, and you probably have an indictment," added Painter.
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