Here’s what charges Trump backers might face in boneheaded plot to smear Mueller: Former US Attorney

A former U.S. Attorney said a pair of conservative activists could potentially face federal charges for their clumsy attempt to smear special counsel Robert Mueller with phony sexual misconduct allegations.

Jack Burkman and Jacob Wohl have been implicated in the plot to pay women to accuse Mueller of sexual harassment, which the special counsel's office has referred to the FBI for investigation.

"In addition to any civil liability that they might have for a defamation claim, I think that you could make an argument that this is an effort to obstruct justice," said Barbara McQuade, former U.S. Attorney for the Eastern District of Michigan.

McQuade told MSNBC's "Morning Joe" why the obstruction charge might apply in this case.

"If you corruptly try to interfere with an official proceeding, that constitutes obstruction of justice," she said. "So if the goal here was to get Robert Mueller fired, to prevent him from completing his work, then certainly that could be an accusation of obstruction of justice. Anyone who participated in that could be guilty of conspiracy to obstruct justice."

McQuade said the FBI may try to send a message to anyone else who would try to stop Mueller from completing his investigation into President Donald Trump's campaign ties to Russia.

"Deterrence is an important part of such charges, because you want to send a message that this is a serious crime and you can't play around," she said. "If you do, there will be criminal consequences."