According to The New York Review, two prosecutors on special counsel Robert Mueller’s team last year concluded that there was enough evidence to press criminal charges against President Donald Trump for obstructing justice. Specifically, in February 2017, Trump allegedly pressed the FBI director at the time, James Comey, to end an FBI inquiry into then-national security adviser Michael Flynn.
The two prosecutors privately informed other officials in the Department of Justice that, were it not for the extreme uniqueness of the case—an inquiry into a sitting U.S. president, and one who tried to interfere with an investigation—they would have argued for federal criminal charges against him.
Despite the longstanding Justice Department policy that a sitting president cannot be criminally indicted, Mueller provided several references to an action that Congress can still take—he referenced impeachment over twenty times in his report. He even provided eleven instances in which the president may have committed obstruction of justice and presented arguments both for and against Trump in each occurrence.
But the president’s effort to end the probe into Michael Flynn, the prosecutors said, was the one in which obstruction allegations were most glaringly evident.