A former president is entitled to obstruct investigators if he doesn’t trust them.
John Yoo says Trump’s lawyers can argue that “he didn’t initially cooperate with DOJ or the FBI because of the way he’d been mistreated by them.”
he also says that the Feds should “let Donald Trump go” because America’s “institutional norm” is to “leave former presidents alone.” Prosecuting Trump would cause too much harm, according to Yoo, because it would “make future presidents worry about being prosecuted for their tough decisions.”
Mr Yoo was the author of the "torture memos" while working for G.E. Bush
Yoo first came to public attention while serving in George W. Bush’s Department of Justice’s Office of Legal Counsel (OLC), when
he wrote the infamous — and now discredited — “Torture Memos” in which he justified the use of torture, including waterboarding, and ignored the rights of detainees under the Geneva Conventions. Yoo’s advocacy of sweeping, authoritarian, and unreviewable presidential power gained notoriety when he employed his “unitary executive” theory to provide cover for Bush’s War on Terror.
Yoo claims that all presidents have “the right to wage war unilaterally” and may use the powers of “commander-in-chief” without waiting for a declaration of war, despite the fact that
the Constitution in Article I, Section 8 explicitly grants to Congress the exclusive power to “declare war.”