Former Attorney General Eric Holder believes that Robert Mueller technically has enough evidence to bring a case against Trump for obstruction of justice.
“Is there a technical case there now?” Holder said in response to questions from POLITICO after a Christian Science Monitor breakfast Wednesday. “I think so. Now.”
“If you’re a prosecutor, you make sure that you are building the best case. Not a technical case, but the best case, you know, that you can,” cautioned Holder, a former federal prosecutor who led an effort to put one sitting congressman in prison. “You know, the Comey firing. The outreaches to Coats and the other intel guys.”
“There are a variety of things that I can think of, technically” that could be used against the president in an obstruction case, Holder said, before adding of Mueller’s team: “Now, who knows what else they’ve got.”
As Holder pointed out, a technical case is not enough. If Mueller would try to bring criminal charges against Trump, the White House would immediately file a legal challenge on the basis that president can’t be charged with a crime. If a criminal charge is going to clear all of the legal hurdles, it will need to be an airtight case, and even then, the courts could rule that impeachment is the vehicle provided by the Constitution to deal with presidential crimes.
The fact that a former Attorney General thinks that Trump can be charged is a big deal, but the fate of those charges, when faced with judicial review, remains up in the air.