Based on the demonrats criteria, could this not be construed as obstruction of justice.
I believe we are watching a series of efforts to obstruct justice. When Comey filed an illegal exoneration of Hillary Clinton's email crime, that was the start of it. Attorney General Loretta Lynch should have made the call. The emails on that server would have revealed even more criminal activities tied to the Clinton Foundation. So the tactic was to divert away from any investigation of the Foundation. Trump's candidacy represented a threat to that investigation. They had to concoct the false Dossier to do a three-fold function:
1. Smear Trump just before the election so he would lose, and
2. Get FISA warrents to spy on his activities to get dirt so he would lose the election or destroy him if he won. So the tactic was to wipe the server hard drive and wipe the possibility of a Trump who would expose Hillary's criminal Foundation activities. Both were criminal acts.
3. Set up a special prosecutor to investigate possible Russian collusion. This third obstruction of justice effort was the use of the collusion investigation to distract Trump away from going into investigation mode on the Clinton Foundation. It is the idea that the best offense makes the best defense. The use of the false Dossier to justify the collusion investigation was an illegal act. The recusal by AG Sessions was a big Dem win to destroy any investigation attempts from the Justice Department.