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.@benjaminwittes suggests Trump may have obstructed justice after taking office as part of collusion w/ Russia dating back through the campaign. In my book w/ @tribelaw, we anticipated that possibility and offerred a framework for analyzing it (pp. 60-61). lawfareblog.com/what-if-obstru…
We first explain that pre-inauguration conduct can be impeachable when aimed at the corrupt acquisition of the presidency. This conclusion follows from the core purpose of the impeachment power and from debates surrounding its inclusion in the Constitution.
Regardless, we doubt that a candidate who improperly colludes w/ a foreign power would cease all impeachable conduct the instant he's sworn into office. He'd instead exercise power in a manner consistent with that nation's "expectations of continuing influence over US policy."
This might happen as part of a corrupt quid pro quo or a conscious betrayal of the United States. Or it might come about more subtly. By virtue of his electoral treachery, the new president might fear exposure if he doesn't bend his will and prioritize foreign interests.
As we emphasize, any conduct taken by a president to conceal or continue a corrupt relationship with a foreign nation might well qualify as a "high Crime and Misdemeanor." In that respect, obstruction will often follow from collusion and may itself constitute collusion.
