Asha Rangappa: “It’s clear that Attorney General Barr obscured and mischaracterized the bases upon which Mueller declined to reach a prosecutorial decision on whether President Trump committed the crime of obstruction.”
“He did so based on two unsettled legal questions: First, current DOJ policy not to charge sitting presidents, and second, Trumps’ lawyers’ asserted defense that a president cannot legally obstruct justice (which happens to exactly mirror Barr’s own legal theory, which he sent in an unsolicited memo to DOJ one year ago). Since either of these theories might preclude the president from rebutting the evidence in an adversarial process, Mueller believed a fairness principle constrained him from accusing the president in the form of recommended charges.”
“Notably, the report extensively challenges the legal basis of the DOJ policy as well as Trump’s (i.e., Barr’s) Article II defense. It also makes an affirmative case for Congress’ authority to investigate obstruction of justice by the president and observes that the president could be exposed to criminal liability once he leaves office, thereby justifying a full investigation and gathering of evidence. In doing so, Mueller makes clear that his findings were intended for independent evaluation by Congress, or by future prosecutors — not by Barr himself.”
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