Fox's Ed Henry falsely claims “you can't obstruct something if there is no underlying crime”

Henry: “How can you say, 'Well, there is no crime but you obstructed justice even though you didn't commit a crime'”

From the April 18 edition of Fox News' Fox & Friends:

Video file

BRIAN KILMEADE (CO-HOST): The White House is informed. They got a briefing already on what's in the Mueller report. At least it looks as though Emmet Flood did and that's going to help them have their rebuttal ready to go that Rudy Giuliani and Jay Sekulow have helped put together. By the way, expect Rudy Giuliani and Jay Sekulow to be on every show everywhere. They're going to make themselves available. 

ED HENRY (GUEST CO-HOST): Well, and think about what they have said in the run-up to this. Rudy Giuliani and Jay Sekulow have said you can't obstruct something if there is no underlying crime. So if part one of the Mueller report says there was no collusion/conspiracy coordination between the Trump campaign and the Russians, then there is no underlying criminal activity by the president of the United States. So then how can you say, “Well, there is no crime but you obstructed justice even though you didn't commit a crime”? 

Related:

Wash. Post: Barr is wrong: Obstruction of justice doesn’t require another underlying crime

Previously: 

Fox's Kilmeade suggests there's no need to release Mueller report because of previous reporting on Trump officials' wrongdoings

Fox guest Ken Starr questions whether full Mueller report can be “fair and balanced” because of Mueller's “choice of staff”

Fox's Geraldo Rivera: Mueller “twisted arms to get people in trouble” so “they had to snitch”