I'm glad to see that I'm not the only person to be startled at how quickly Barr made his decision after receiving the report.
From The Atlantic:
In less than 48 hours, he and Deputy Attorney General Rod
Rosenstein—who supervised Mueller for most of his
investigation—“concluded that the evidence developed during the Special
Counsel’s investigation is not sufficient to establish that the
President committed an obstruction-of-justice offence.” Though Barr
emphasized that he and Rosenstein had been involved in evaluating the
status of the investigation for months, and that they consulted the
Office of Legal Counsel and other Department of Justice experts, this
conclusion reflects startling and unseemly haste for such a historic
matter.
Crucially, we don’t know whether Barr concluded that the president didn’t obstruct justice or that he couldn’t obstruct justice. Well before his appointment, Barr wrote an unsolicited memo to Rosenstein
arguing that Mueller’s investigation was “fatally misconceived,” to the
extent that it was premised on Trump firing former FBI Director James
Comey or trying to persuade Comey to drop the investigation of Michael
Flynn, Trump’s first national-security adviser. Barr’s memo was a
forceful exposition of the legal argument that the president cannot
obstruct justice by exercising certain core powers such as hiring or
firing staff or directing the course of executive-branch investigations.
So although Barr’s letter to Congress says that he and Rosenstein found
no actions that constituted “obstructive conduct” undertaken with the
requisite corrupt intent, we don’t know whether he means that Trump didn’t try
to interfere with an investigation, or that even if he did, it wasn’t
obstruction for a president to do so. Democrats in Congress will want to
probe that distinction—as they should.
And elsewhere in the magazine,
David Frum writes, with nice sarcasm:
Good news, America. Russia helped install your president. But although
he owes his job in large part to that help, the president did not
conspire or collude with his helpers. He was the beneficiary of a
foreign intelligence operation, but not an active participant in that
operation. He received the stolen goods, but he did not conspire with
the thieves in advance.
This is what Donald Trump’s administration and its enablers in Congress
and the media are already calling exoneration. But it offers no
reassurance to Americans who cherish the independence and integrity of
their political process.
Update: another lawyer (who helped draw up Mueller's terms of reference) is directly critical of Barr's previous memo which apparently expresses a controversial take on the matter.
Why has it not been released?
ReplyDeleteCrucially, we don’t know whether Barr concluded that the president didn’t obstruct justice or that he couldn’t obstruct justice.
ReplyDeleteTrump needs to prove a negative now... a double negative, negative no less.
Stevie, your stupidity rivals Homer Paxton's at times. Don't let this become a regular occurrence.
Your comment makes no sense at all, anon.
ReplyDelete