When the new Congress gavels in on January 3, 2019, it has a constitutional duty to serve as a check on the President and to investigate any abuses of executive power. In our report, When Mueller Concludes: Congress’s Role in Assessing Any Findings of Presidential Obstruction-of-Justice and Abuse of Power and Ensuring Accountability, we set forth the historical and constitutional framework establishing this duty. Fundamentally, a president’s abuse of his powers to obstruct an investigation into his own crimes puts him above the law in a way that is anathema to our constitutional scheme. History, law, and constitutional principles make it clear that such behavior demands accountability and could be grounds for impeachment. When credible allegations of such abuses of power arise, Congress must conduct its own investigation and weigh the myriad factual and political questions presented by the president’s behavior to determine, under the circumstances, the appropriate accountability.
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