05.16.2017

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General News

Barak Cohen was quoted extensively in The Washington Post article, “Legal Analysts: Trump Might Have Obstructed Justice, If Comey’s Allegation is True,” regarding former FBI director James Comey’s allegation that President Trump asked him to shut down the bureau’s investigation into former national security adviser Michael Flynn and whether it provides a plausible case that the president obstructed justice.

“There’s definitely a case to be made for obstruction,” said Barak Cohen, a former federal prosecutor who now does white-collar defense work at the Perkins Coie law firm. “But on the other hand you have to realize that — as with any other sort of criminal law — intent is key, and intent here can be difficult to prove.”

Cohen said that while it was “highly improper” for Trump to insert himself in an investigation in any way, charging him would be difficult. With a lower-profile target, he said, “maybe prosecutors might be aggressive enough to bring a case,” but “it also arguably undermines democracy for prosecutors to go after a sitting president with only circumstantial evidence.”

This article was republished by the Chicago Tribune, “Trump Might Have Obstructed Justice If Comey Allegation True, Legal Analysts Say.”

Barak's quote was also published in these Washington Post articles, "Notes Made by FBI Director Comey Say Trump Pressured Him to End Flynn Probe," The Daily 202: Trump's Inexperience Contributed to Comey Interactions That Now Cloud His Presidency," and "The Three Most Damaging Paragraphs From the Revelation About Trump Pushing Back Against the FBI."