Democrats and even some Republicans are warning that President Donald Trump may be in jeopardy if reports prove accurate that he allegedly interfered with an FBI investigation.
At the center of the maelstrom are accusations that the president may have engaged in "obstruction of justice," a federal offense that involves intentionally trying to derail an investigation. But the situation is further complicated by the unique position held by the president, whose actions — according to one prominent legal theory — can only be prosecuted in office by Congress with impeachment.
On Wednesday, Deputy Attorney General Rod
More from NBC News:
Who is Robert Mueller? Special counsel hailed by both parties as straight-shooting prosecutor
Alex Jones 'resolves' lawsuit with Chobani yogurt, issues retraction
Moms unleash anger on corrupt rehab owner sentenced to 27 years
As lawmakers struggle to process the fast-moving story, let's take a moment to review the basics of what the accusations around Trump mean and how things could proceed if more is found.
What is obstruction of justice?
There are a variety of federal crimes related to obstruction of justice, from threatening jury members to lying to investigators. In Trump's case, reports surrounding his behavior toward former FBI Director James Comey could feed into a broad statute targeting anyone who intentionally "obstructs, influences, or impedes any official proceeding, or attempts to do so."
The latest allegations around Trump set off alarm bells because they could potentially be construed as Trump attempting to push Comey away from an investigation into his former National Security Adviser Michael Flynn.
What happens if it is found the president broke the law?
Charging the president with a crime is not like charging the average citizen with a crime, or even other top White House officials.
"Whether or not one can indict criminally a sitting president is an unanswered question," Susan Bloch, a constitutional law professor at Georgetown, told NBC News. "It's never happened and people are not sure whether it can."
While it's never been tested in court, many legal scholars, including Bloch, argue that the president is constitutionally protected from criminal prosecution as long as they occupy the White House. The prevailing opinion was expressed in a 1973 memo by President Richard Nixon's Solicitor General, Robert Bork, who argued that then-Vice President Spiro Agnew could face charges stemming from his time as governor of Maryland, but that a president could only be charged after leaving office.
Instead, the job of prosecuting a president would likely be left to Congress. If investigations into Trump's conduct turned up strong evidence of wrongdoing, the House could vote to impeach. The Senate would then try the president and, if two-thirds of members agreed, remove him from office.
But Congress is not a normal jury and the process could turn on political considerations as well as legal ones.
For one, the president's party currently controls both the House and Senate, which sets the bar high for any move toward impeachment. But even if Democrats were to take over, there could be factors that cause them to hesitate as well.
Rep. Adam Schiff (D-CA), the ranking Democrat on the House Intelligence Committee, suggested on Wednesday that Congress would consider the national mood toward Trump along with any hypothetical charges.
"Would the country, would the Congress, both
Has anything like this happened before?
The last two presidents threatened with impeachment, Bill Clinton and Richard Nixon, both faced charges of obstruction of justice along with other accusations.
In Clinton's case, he was found not guilty. Nixon resigned before the process could play out, but the House Judiciary Committee had already advanced articles of impeachment with bipartisan support. President Gerald Ford, who took over, subsequently pardoned Nixon.
It's notable that in Nixon's case, the "smoking gun" recording that preceded his resignation included audio in which the president appeared to order an aide to convince the FBI to drop its investigation of the Watergate break-in.
Michael Gerhardt, a law professor at the University of North Carolina who has written a book on the impeachment process, said there could be parallels between Nixon and Trump, but it was too early to know for sure. The charges against Nixon were far more extensive and included accusations of abuse of power.
"It doesn't mean what Trump did is not a problem, but the facts are different," Gerhardt said.
How does the latest news fit into this?
Let's go over the most recent reports: According to a source close to Comey, the former FBI director wrote a memo documenting his meeting with Trump on February 14. The existence of the memo was first reported by The New York Times and confirmed NBC News.
The meeting came the day after Trump had fired Flynn for discussing sanctions with Russian Ambassador Sergey Kislyak and misleading Vice President Mike Pence about the conversation. According to the memo, Trump spoke to Comey alone at the end of their meeting and said, "I hope you can see your way clear to letting this go, to letting Flynn go." The White House has denied anything improper.
Alex Whiting, a Harvard law
Also potentially critical is that the memo's alleged version of events connect to earlier reports and actions suggesting that the president was disturbed by Comey's investigations into Trump's associates and was willing to confront him over the issue.
The White House offered
Shortly after Comey's removal, sources close to Comey told news outlets, including NBC News, that Trump asked the FBI director
"When you put that all together with his statements and explanations and conduct, then common sense tells you that what he's trying to do is shut down this investigation," Whiting said.
Whiting was quick to add, however, that this interpretation rests on the reported allegations surrounding Trump proving to be accurate. We're still a long way from a full accounting of the relevant interactions between Trump,
Okay, so how do we find out if the allegations are true?
There are a number of current and potentially future investigations that could help resolve the questions surrounding the president.
The FBI is looking into the Trump's campaign's potential ties to Russia. In theory, the agency could expand the scope of its investigation to include whether Trump himself violated the law.
Democratic leaders had long argued that the Justice Department should go further by naming a special counsel to reassure skeptics that the White House would not quietly interfere with the investigation. They got their wish on Wednesday with the appointment of Mueller, whose appointment earned plaudits from prominent Republicans and Democrats.
Mueller's work should take place behind the scenes. But Congress is also looking into Russian interference along with the latest news on Trump and Comey and it could produce more public information in the short term.
The Senate and House Intelligence Committees are both probing Russia's involvement in the 2016 election. On the Senate side, the top Republican and Democratic leaders on the committee sent letters on Wednesday asking Comey to testify and acting FBI director Andrew McCabe to turn over any memos related to Comey's conversations with the White House.
In a bipartisan letter, leaders of the Senate Judiciary Committee asked the White House on Wednesday to provide "all White House records memorializing interactions with Mr. Comey relating to the FBI's investigation of alleged ties between President Trump's associates and Russia, or the Clinton email investigation, including all audio recordings, transcripts, notes, summaries, or memoranda." That would presumably include the "tapes" Trump alluded