“Eisenberg . . . thought the requested email and letter would be a bad idea—from my side because the email would be awkward. Why would I be emailing Priebus to make a statement for the record? But it would also be a bad idea for the President because it looked as if my ambassadorial appointment was in some 261 way a quid pro quo.” Later that evening, Priebus stopped by McFarland’s 262 office and told her not to write the email and to forget he even mentioned it. Around the same time, the President asked Priebus to reach out to Flynn and 263 let him know that the President still cared about him. Priebus called Flynn 264 and said that he was checking in and that Flynn was an American hero. Priebus thought the President did not want Flynn saying bad things about 265 him. On March 31, 2017, following news that Flynn had offered to testify before the FBI and congressional investigators in exchange for immunity, the President tweeted, “Mike Flynn should ask for immunity in that this is a witch hunt 266 (excuse for big election loss), by media & Dems, of historic proportion!” In late March or early April, the President asked McFarland to pass a message to Flynn telling him the President felt bad for him and that he should stay 267 strong. Analysis In analyzing the President’s conduct related to the Flynn investigation, the following evidence is relevant to the elements of obstruction of justice: a. Obstructive act. According to Comey’s account of his February 14, 2017 meeting in the Oval Office, the President told him, “I hope you can see your way clear to letting this go, to letting Flynn go. . . . I hope you can let this go.” In analyzing whether these statements constitute an obstructive act, a threshold question is whether Comey’s account of the interaction is accurate, and, if so, whether the President’s statements had the tendency to impede the administration of justice by shutting down an inquiry that could result in a grand jury investigation and a criminal charge. After Comey’s account of the President’s request to “let[] Flynn go” became public, the President publicly disputed several aspects of the story. The President