Thread by @SamBerger_DC

Yesterday's confirmation that the FBI was investigating if Trump was a Russian asset has significant national security and political implications. But it also may severely curtail Trump's ability to pardon his way out of trouble.
👇 thread
nytimes.com/2019/01/11/us/…

As @benjaminwittes writes: the NYT report suggests "obstruction was the collusion, or at least part of it." The obstruction statute is "merely one set of statutes investigators might think about using to deal with a national security risk." /2
lawfareblog.com/what-if-obstru…

We know that Mueller is viewing collusion as a wide-ranging conspiracy - we know this, in part, b/c those are the charges he has brought against Russians involved in election interference. So Wittes' analysis suggests obstruction should be viewed as part of that conspiracy. /3

Why is this important? B/c Trump can't use his pardon power to save co-conspirators if the pardon is part of the conspiracy. Pardons only apply to events that have *already* occurred. But conspiracies are continuing crimes. /4
justsecurity.org/62174/pardon-f…

So if the pardon is part of the conspiracy, then you can't eliminate legal liability for that pardon - you've just continued the conspiracy (and the crime) and you and any co-conspirators remain liable. So Trump is even more trapped then he previously believed. /End