That being said, the cliche, “It ain’t the crime, it’s the coverup,” does apply.
It turns out that attempting to instruct an investigation of a crime is still obstruction of justice, even if the underlying crime turns out not to have happened.
It appears that Bob Mueller is investigating Trump for obstruction of justice:
The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials as part of a widening probe that now includes an examination of whether President Trump attempted to obstruct justice, officials said.
The move by special counsel Robert S. Mueller III to investigate Trump’s conduct marks a major turning point in the nearly year-old FBI investigation, which until recently focused on Russian meddling during the presidential campaign and on whether there was any coordination between the Trump campaign and the Kremlin. Investigators have also been looking for any evidence of possible financial crimes among Trump associates, officials said.
Trump had received private assurances from then-FBI Director James B. Comey starting in January that he was not personally under investigation. Officials say that changed shortly after Comey’s firing.
Normally, this would alarm me, but when this news is coupled with the fact that Mike Pence is lawyering up over the same investigation, which implies that even if the Vice President expects to be the target of investigation as well:
Vice President Pence has hired outside legal counsel to help with both congressional committee inquiries and the special counsel investigation into possible collusion between President Trump’s campaign and Russia.
The vice president’s office said Thursday that Pence has retained Richard Cullen, a Richmond-based lawyer and chairman of McGuireWoods who previously served as a U.S. attorney in the Eastern District of Virginia.
Pence’s decision comes less than a month after Trump hired his own private attorney, Marc E. Kasowitz, to help navigate the investigations related to the Russia probe, and a day after The Washington Post reported that special counsel Robert S. Mueller III is widening his investigation to examine whether the president attempted to obstruct justice.
“I can confirm that the Vice President has retained Richard Cullen of McGuireWoods to assist him in responding to inquiries by the special counsel,” said Jarrod Agen, a Pence spokesman, in an emailed statement. “The Vice President is focused entirely on his duties and promoting the President’s agenda and looks forward to a swift conclusion of this matter.”
I am amused.