While testifying before the Senate on Thursday, Former FBI Director James Comey faced questions seeking to determine whether or not President Donald Trump’s actions amount to obstruction of justice.

The debate first began on Wednesday when Comey’s prepared opening statement was released to the public. The statement recounts conversations with the president in which he pressed for Comey’s loyalty, distanced himself from an unconfirmed dossier, and assured the director that former White House National Security Adviser Michael Flynn was a “good guy” that “has been through a lot.”

But the standout moment came later on in a conversation between Comey and President Trump. Comey noted in his statement:

[Trump] then said, ‘I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.’ I replied only that ‘he is a good guy.’ I did not say I would ‘let this go.’

While many speculated on the subject, the Senate Intelligence Committee decided it would be best to ask Comey himself. Chairman Richard Burr (R-NC) was the first to ask if the president obstructed justice, but the former FBI director would not weigh in on the subject, only noting that he found Trump’s comments to be “disturbing.”

“There was an open FBI criminal investigation of his statements in connection with the Russian contacts and the contacts themselves,” Comey said. “And so that was my assessment at the time. I don’t think it’s for me to say whether the conversation I had with the president was an effort to obstruct.”

Senator James Risch (R-ID) expanded on the chairman’s questions and asked whether Trump had explicitly “ordered” or “directed” Comey to drop the Flynn investigation. Comey responded that he understood the president’s statement to be an order, but that Trump had used the words, “I hope.”

The senator continued to probe about the semantics.

“He said, ‘I hope.’ You don’t know of anyone who’s ever been charged [with obstruction of justice] for hoping something. Is that a fair statement?” asked Risch. “I don’t as I sit here,” replied Comey with a shrug.

Sen. James Risch asks Comey about obstruction of justice

Watch live here: https://t.co/THlNhXekzk pic.twitter.com/REs7GfdKNY

— Washington Post (@washingtonpost) June 8, 2017

Senator Risch is a strong supporter of the Trump Administration. He is on the record saying that the president was right, and even entitled, to share classified information with Russian officials in the Oval Office. He also agrees with the president that the ongoing leaks to the news media are a cause for concern. It’s likely that he saw Comey’s responses to his line of questioning as a victory and proof that Trump did not obstruct justice.

However, Senator Risch’s questioning implies that an obstruction of justice charge requires an explicit order from the accused, which may not be the case given the fairly broad federal statutes in place. There are several relevant statutes to this situation, which may implicate anyone who “corruptly […] endeavors to influence, obstruct, or impede the due and proper administration of the law.” So asking Comey to drop part of an investigation, and later firing him, could meet these requirements, particularly when you consider the power dynamic between an FBI director and president.

Samuel Buell, a criminal law professor at Duke University and former federal prosecutor who led the Justice Department’s Enron task force, told the New York Times that the case against Trump has only grown over time.

“The evidence of improper purpose has gotten much stronger since the day of Comey’s firing,” Buell said. “Trump has made admissions about that. And we now have evidence that he may have indicated an improper purpose previously in his communications with Comey about the Russia investigation.”

Of course, Trump did have the legal authority to fire Comey. In fact, the former director even noted in his testimony that he was aware that he could be fired at any moment for any reason at all when he first took the job. But courts have ruled that acts generally considered lawful can be illegal if they are meant to obstruct justice.

Even so, this testimony might not mean much for the immediate future. The process of impeachment is hardly swift and involves both quasi-judicial and quasi-political proceedings. Not only does the president have to have committed “treason, bribery, or other high crimes and misdemeanors,” but a majority in the House and two-thirds of the Senate need to agree in order to impeach and remove a president from office. Also, the events surrounding this testimony, and subsequent accusations, are largely unprecedented, creating more than its fair share of uncertainty.

It should be noted, however, that two most recent American presidents subjected to impeachment proceedings–Bill Clinton in 1998, and Richard Nixon in 1974, although he resigned before the House could vote–were accused of obstruction of justice.

Gabe Fernandez

Gabe is an editorial intern at Law Street. He is a Peruvian-American Senior at the University of Maryland pursuing a double degree in Multiplatform Journalism and Marketing. In his free time, he can be found photographing concerts, running around the city, and supporting Manchester United. Contact Gabe at Staff@LawStreetMedia.com.

The post Comey Hearing Recap: Defining Obstruction of Justice appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Tough Week Ahead For Donald Trump?

It’s going to be an important and busy week for President Donald Trump. This morning at 10 a.m., the hearing on Russia’s meddling in the 2016 presidential election began. FBI Director James Comey testified before the House Intelligence Committee and acknowledged that there is an ongoing investigation into the matter. The FBI leader also disclosed that there’s an investigation into any collusion between Trump aides and Russians officials. Comey also said he has “no evidence” of Trump’s claims that President Barack Obama wiretapped Trump Tower. This morning, seemingly to divert attention, Trump went on a tweet storm and claimed that the Russia story is fake news.

The Democrats made up and pushed the Russian story as an excuse for running a terrible campaign. Big advantage in Electoral College & lost!

— Donald J. Trump (@realDonaldTrump) March 20, 2017

Trump also claimed that there has been contact between Russia and the Clinton campaign, a claim for which there is seemingly no evidence.

What about all of the contact with the Clinton campaign and the Russians? Also, is it true that the DNC would not let the FBI in to look?

— Donald J. Trump (@realDonaldTrump) March 20, 2017

Today is also the first day of confirmation hearings for Neil Gorsuch, Trump’s SCOTUS nominee. And on Thursday, the House will vote on the new health care plan. NBC reports that at least 17 Republican House members do not approve of the plan, so it could be a close and interesting vote.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: March 20, 2017 appeared first on Law Street.