Fox correspondent Ed Henry: Trump isn't guilty of obstruction of justice because his orders to obstruct justice were ignored

Henry: White House counsel Don McGahn “didn't act on it. So there was no removal of Robert Mueller. So no obstruction there.”

From the April 19 edition of Fox News' Fox & Friends:

Video file

BRIAN KILMEADE (CO-HOST): And the other question of obstruction is up in the air. And it does look like in the Mueller report, they do say it's up to Congress to pick it up. And as Trey Gowdy brought up last night, he said, listen, if people think this is over, it's actually going to get worse, because whatever you want to say about the special counsel, they didn't leak. So all of this information, there's not a lot new here, there's more specifics. But all the stuff we've been reading about gradually over the last two years, it's all going to be coming back, it's going to be examined, and whether they're tone deaf or not. I think it's also important to point out there are 14 criminal referrals in this, 865 redactions.

And when it comes to obstruction, we get some details on Don McGahn and Corey Lewandowski in particular, along with Reince Priebus doing something that probably helped the president [CROSSTALK] -- did something for the president that really saved his presidency. They didn't listen to him. He was ranting and raving, saying you got to go get rid of Jeff Sessions, get him to resign. They didn't, Corey Lewandowski didn't. And then when he said -- you know when Don McGahn said you got to go fire -- they told Don McGahn go fire Robert Mueller, he didn't. He said I'd rather quit, and that saved the president. And what happens behind closed doors, that usually stays behind closed doors but not in this White House. 

AINSLEY EARHARDT (CO-HOST): Yeah, the president sat down at his desk and said, basically, I'm doomed. I have been told that any time there's a special counsel it goes on and on and on for years. And he said this is the worst thing that's ever happened to me in my life. 

ED HENRY (FOX NEWS NATIONAL CORRESPONDENT): Well on that incident that Brian was talking about with Don McGahn, who was White House counsel at the time, it basically talked about the president calling him up, and the report says that weekend the president called McGahn and directed him to have the special counsel removed because of asserted conflicts of interest. McGahn did not carry out the instruction for fear of being seen as triggering another Saturday night massacre and instead prepared to resign himself. Now McGahn ultimately did not quit and the president did not follow up with McGahn on his request to have the special counsel removed. Important points there because in the end, embarrassing details for the president about how it all played out. But he didn't act on it. McGahn didn't act on it. So there was no removal of Robert Mueller. So no obstruction there.


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