May 18, 2017
Professor Michael Herz

May 18, 2017 The Tampa Bay Times - In an article in The Tampa Bay Times, Professor Michael Herz highlights that Title 18, Section 1505 of the United States Code could come into play in analyzing President Trump’s firing of former FBI Director James Comey. Under this provision, a prosecutor would have to show that through threat or force, Trump obstructed, influenced or impeded a proceeding (or attempted to do so), while he had a "corrupt" mental state.

Herz says though the president has broad authority to fire an FBI director, some grounds could amount to obstruction in relation to former National Security Adviser Michael Flynn.

“Trying to protect a criminal because he is a friend or the investigation will be personally or professional problematic for the obstructor, on the other hand, is pretty clearly an 'improper purpose,' " he said.

Read the full story at The Tampa Bay Times.