WASHINGTON — Scholars have roundly rejected a central argument of President Trump’s lawyers that abuse of power is not by itself an impeachable offense. But it turns out that another important legal figure has contradicted that idea: Mr. Trump’s attorney general and close ally, William P. Barr.
In summer 2018, when he was still in private practice, Mr. Barr wrote a confidential memo for the Justice Department and Mr. Trump’s legal team to help the president get out of a problem. The special counsel, Robert S. Mueller III, was pressuring him to answer questions about whether he had illegally impeded the Russia investigation.
Mr. Trump should not talk to investigators about his actions as president, even under a subpoena, Mr. Barr wrote in his 19-page memo, which became public during his confirmation. Mr. Barr based his advice on a sweeping theory of executive power under which obstruction of justice laws do not apply to presidents, even if they misuse their authority over the Justice Department to block investigations into themselves or their associates for corrupt reasons.