Did Donald Trump break any laws by asking James Comey to end the Michael Flynn investigation?

Question

Written in Comey Memo Says Trump Asked Him to End Flynn Investigation:

“I hope you can let this go,” the president told Mr. Comey, according to the memo.

The existence of Mr. Trump’s request is the clearest evidence that the president has tried to directly influence the Justice Department and F.B.I. investigation into links between Mr. Trump’s associates and Russia.

Mr. Comey wrote the memo detailing his conversation with the president immediately after the meeting, which took place the day after Mr. Flynn resigned, according to two people who read the memo. The memo was part of a paper trail Mr. Comey created documenting what he perceived as the president’s improper efforts to influence a continuing investigation. An F.B.I. agent’s contemporaneous notes are widely held up in court as credible evidence of conversations.

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Did Donald Trump break any laws by asking James Comey to end the Michael Flynn investigation?

Answer 1

Trump might have broken the law regarding "obstruction of justice" according to Jimmy Gurulé, a professor of law at the University of Notre Dame who served as assistant attorney general for George H.W. Bush and undersecretary of the Treasury for enforcement under George W. Bush.

If President Trump asked then-FBI Director James Comey to drop the criminal investigation of General Michael Flynn, this would constitute obstruction of justice under 18 U.S.C. section 1505. Section 1505 makes it a crime to "endeavor to influence, obstruct, or impede" "any pending proceeding … before any department or agency of the United States." Obviously, Trump had knowledge that Flynn was the target of an FBI investigation. The FBI investigation was a "pending proceeding . . . before [a] department or agency of the United States." Further, if Trump had knowledge of a pending grand jury investigation targeting Flynn, his conduct would constitute an attempt to influence or obstruct a grand jury investigation. The FBI was an active participant in the grand jury investigation.

Also, 18 U.S.C. 1512(c)(2) punishes "Whoever corruptly . . . obstructs, influences, or impedes any official proceeding, or attempts to do so." A violation of section 1512 imposes a maximum sentence of 20 years

(emphasis mine)

However, there are many other factors that decides whether "obstuction of justice" took place. We currently do not have a full picture of how this occurred and that the only source we have is a memo from Comey.

That being said, it's unlikely that Trump will be charged for it as Presidents usually cannot be criminally charged by normal prosecutors; the charges can only be brought about through the impeachment process initiated by Congress.

Answer 2

Probably not. It's important to remember that while Flynn might have been a part of the Russia probe in general, the Russia probe is what's called a counterintelligence investigation.

The FBI has been responsible for identifying and neutralizing ongoing national security threats from foreign intelligence services since 1917, nine years after the Bureau was created in 1908. The FBI’s Counterintelligence Division, which is housed within the National Security Branch, has gone through a lot of changes over the years, and throughout the Cold War the division changed its name several times. But foiling and countering the efforts of the Soviet Union and other communist nations remained the primary mission.

What's confusing here is that, when people hear the phrase FBI Investigation, they tend to think of criminal investigations. The Russia probe is trying to determine what the Russians did and why they did it. Michael Flynn has not been charged with anything criminal, nor are there any indications that he under any criminal investigation. Had Trump asked for a criminal investigation to be ended, that could easily qualify as Obstruction of Justice.

We already knew Trump disliked the Russia probe, and he has cited that as his reason to fire Comey. But since it's not a criminal investigation, it seems unlikely to rise to an Obstruction charge

Trump is said to have told Comey, “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.”
Other than telling us that Comey replied, “I agree he is a good guy,” the Times provides no context of the conversation. Its report gives no indication of whether the memo provides such context.
On its face, the statement does not amount to obstruction of justice. Trump could be said to be putting pressure on his subordinate, just as Obama was putting pressure on his subordinates (Comey included) last April. But assuming the Times is right about the memo, Trump did not order Comey to drop the case. In fact, Trump’s statement is consistent with encouraging Comey to use his own judgment, with the understanding that Trump hoped Comey would come out favorably to Flynn.
But of course, also with the understanding that if Comey pushed to prosecute Flynn, the president — who had the power to fire Comey — was going to be very unhappy. Just as President Obama would have been very unhappy, and in a position to fire Comey, if Mrs. Clinton had been indicted.