Nadler says obstruction outlined in Mueller report 'constitutes a CRIME'

House Judiciary Committee Chairman Rep. Jerold Nadler said Tuesday that Donald Trump's conduct detailed in the Mueller report 'constitutes a crime' – and would be prosecuted were Trump not president. 

Nadler, who has considerable influence over whether House Democrats go down the path of impeachment, made the stark statement Tuesday at a hearing where former White House counsel Don McGahn adhered to a White House directive and defied a subpoena to appear before Nadler's committee.  

With no witness present, Nadler read aloud passages from the Mueller report – including passages describing when Trump told McGahn to contact deputy attorney general Rod Rosenstein and tell him to push out Mueller, and then later draft a memo stating that Trump never told him to fire Mueller.

'I believe that each of these incidents documented in detail in the Mueller report constitutes a crime,' Nadler said, of the report's 10 instances of potential obstruction.

Former White House counsel Don McGahn defied a House Judiciary Committee subpoena on Tuesday. Chairman Jerold Nadler vowed: 'We will not allow the president to prevent the American people from hearing from this witness'

Former White House counsel Don McGahn defied a House Judiciary Committee subpoena on Tuesday. Chairman Jerold Nadler vowed: 'We will not allow the president to prevent the American people from hearing from this witness' 

'But for the Department of Justice’s policy of refusing to indict any sitting president I believe the president would have been indicted and charged with these crimes,' he continued. Then he cited a letter from 900 former federal prosecutors who signed a letter saying Trump would be charged if it weren't for internal guidelines against a sitting president being charged.   

'I believe that the president’s conduct since the report was released with respect to Mr. McGahn’s testimony and other information we have sought have sought has carried this pattern of obstruction and cover-up well beyond the four corners of the Mueller report,' Nadler said.

'The president has declared out loud his intention to cover up this misconduct. He told Mr. McGahn to commit crimes on his behalf. He told Mr. McGahn to lie about it,' Nadler added. 

Nadler's searing statement came as McGahn defied a House Judiciary Committee subpoena Tuesday – failing to show up for a hearing after the White House directed him not to appear and stated his immunity from subpoena. 

Nadler blasted President Trump for efforts to 'intimidate' a witness, saying it was 'not remotely acceptable.' 

'The witness must show up,' Nadler intoned. 'Our subpoenas are not optional.' 

'If he does not immediately correct his mistake, this committee will have no choice but to enforce the subpoena against him,' Nadler said of McGahn at the start of the hearing, which continued without the witness present. 

Nadler said the panel would hear from McGahn 'even if we have to go to court to secure it.'

'We will not allow the  president to prevent the American people from hearing from this witness,' he said. 

'We will not allow the president to block congressional subpoenas, putting himself and his allies above the law,' Nadler added. 'We will hold this president accountable, one way or the other.'

Ranking member Rep. Doug Collins of Georgia resonded, after Nadler read passages from the Mueller report based on McGahn's testimony – including McGahn's efforts to prevent Trump from pushing out Mueller.

VACANT: A name placard is displayed for former White House Counsel Don McGahn, who failed to appear despite a subpoena

VACANT: A name placard is displayed for former White House Counsel Don McGahn, who failed to appear despite a subpoena

McGahn features prominently in the Mueller report, which describes phone calls he received at home from Trump. McGahn says Trump told him to contact the deputy attorney general and have him tell Mueller he couldn't be special counsel

McGahn features prominently in the Mueller report, which describes phone calls he received at home from Trump. McGahn says Trump told him to contact the deputy attorney general and have him tell Mueller he couldn't be special counsel

Nadler accused President Trump of intimidating McGahn from appearing

Nadler accused President Trump of intimidating McGahn from appearing

Ranking Member of the House Judiciary Committee, accused Democrats of not engaging in the 'accommodation process' and 'rejecting olive branches from the administration'

Ranking Member of the House Judiciary Committee, accused Democrats of not engaging in the 'accommodation process' and 'rejecting olive branches from the administration'

Collins says Nadler left out that: 'There was no collusion. There was no obstruction charges. There's nothing here. After two years of doing this.'  

He accused Nadler of seeking 'drama' and headlines, rather than information.

'I cannot emphasize this

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