George Conway is a lawyer. He also is the husband of Kellyanne Conway, Trump’s senior advisor.

He wrote an article with the title cited here in this morning’s Washington Post. 

He writes:

”So it turns out that, indeed, President Trump was not exonerated at all, and certainly not “totally” or “completely,” as he claimed. Special counsel Robert S. Mueller III didn’t reach a conclusion about whether Trump committed crimes of obstruction of justice — in part because, while a sitting president, Trump can’t be prosecuted under long-standing Justice Department directives, and in part because of “difficult issues” raised by “the President’s actions and intent.” Those difficult issues involve, among other things, the potentially tricky interplay between the criminal obstruction laws and the president’s constitutional authority, and the difficulty in proving criminal intent beyond a reasonable doubt.

Still, the special counsel’s report is damning. Mueller couldn’t say, with any “confidence,” that the president of the United States is not a criminal. He said, stunningly, that “if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state.” Mueller did not so state.

That’s especially damning because the ultimate issue shouldn’t be — and isn’t — whether the president committed a criminal act. As I wrote not long ago, Americans should expect far more than merely that their president not be provably a criminal. In fact, the Constitution demands it.

The Constitution commands the president to “take Care that the Laws be faithfully executed.” It requires him to affirm that he will “faithfully execute the Office of President” and to promise to “preserve, protect and defend the Constitution.” And as a result, by taking the presidential oath of office, a president assumes the duty not simply to obey the laws, civil and criminal, that all citizens must obey, but also to be subjected to higher duties — what some excellent recent legal scholarship has termed the “fiduciary obligations of the president.”

Fiduciaries are people who hold legal obligations of trust, like a trustee of a trust. A trustee must act in the beneficiary’s best interests and not his own. If the trustee fails to do that, the trustee can be removed, even if what the trustee has done is not a crime.“

Conway contrasts Trump’s active efforts to interfere and stop an investigation with Nixon’s passive role in Watergate.

”Contrast poor Richard M. Nixon. He was almost certain to be impeached, and removed from office, after the infamous “smoking gun” tape came out. On that tape, the president is heard directing his chief of staff to get the CIA director, Richard Helms, to tell the FBI “don’t go any further into this case” — Watergate — for national security reasons. That order never went anywhere, because Helms ignored it.

“Other than that, Nixon was mostly passive — at least compared with Trump. For the most part, the Watergate tapes showed that Nixon had “acquiesced in the cover-up” after the fact. Nixon had no advance knowledge of the break-in. His aides were the driving force behind the obstruction.”

Nixon tried to coverup a botched burglary, even as he was coasting to a landslide re-election. Trump tried to coverup an attack on our democracy by a foreign power.