Categories
Uncategorized

Justice Department releases internal memo on potential prosecution of Trump following release of Mueller report

An internal memo from March 2019 released today laying out the Department of Justice’s legal rationale for not prosecuting Donald Trump following the release of the Mueller report on Russian involvement in the 2016 elections concludes that the report did not present enough evidence to support charges against Trump, but the memo undermines claims then-Attorney General Bill Barr made under oath to a Congressonal hearing.

Released Wednesday afternoon, the memo specifically notes that Special Counsel Robert Mueller abstained from making a determination to charge Trump even though the entire second half of the report outlined ten ways in which Trump intentionally obstructed the investigation.  The memo’s authors–Steven Engel, the Assistant Attorney General for the DOJ’s Office of Legal Counsel, and Edward O’Callaghan, the Principal Associate Deputy Attorney General–state explicitly that Mueller refused to make a determination about charges, deferring to the OLC’s opinion that a sitting president cannot be indicted.

“[T]he Special Counsel reached no conclusion as to whether the President had violated any criminal law or whether, if so, such conduct warranted prosecution,” the memo reads.  “The Special Counsel considered evaluating such conduct under the Justice Manual standards governing prosecutions and declinations, but determined not to apply that approach for several reasons. The Special Counsel recognized that the Office of Legal Counsel (“OLC”) had determined that “a sitting President is constitutionally immune from indictment and criminal prosecution.” … Although the OLC opinion permitted the investigation of a sitting President, the Special Counsel concluded that it would be unfair to reach any charging decision, because the President would not then be afforded any opportunity to clear his name before an impartial adjudicator.”

In a March 2019 letter to the leaders of the House Judiciary Committee, Barr essentially contended that Mueller declined to bring charges on the fact that Mueller’s investigation could not prove beyond a reasonable doubt that Trump was involved in collusion with Russia during the campaign, therefore there was no basis on which to bring obstruction charges.

“In cataloguing the President’s actions, many of which took place in public view, the report identifies no actions that, in our judgment, constitute obstructive conduct, had a nexus to a pending or contemplated proceeding, and were done with corrupt intent, each of which, under the Department’s principles of federal prosecution guiding charging decisions, would need to be proven beyond a reasonable doubt to establish an obstruction-of-justice offense,” Barr wrote, ignoring the evidence presented in Mueller’s report, which wouldn’t be released publicly for another two weeks.

The DOJ lawyers go to some great lengths to justify not charging Trump, saying that Mueller cites no precedent for bringing charges against Trump–likely because no president had previously attempted to leverage a relationship with an adversarial foreign government to win an election.  (Trump would try to do the same thing again, when he attempted to use the threat of pulling US aid to Ukraine to get the Ukrainian president to assist in his reelection campaign.)

Barr’s mischaracterization of Mueller’s report caused media outlets to report that Mueller did not find information linking Trump’s campaign to Russia’s interference in the election and that Mueller concluded that Trump should not be prosecuted.  Even the American Bar Association ran with Barr’s misinformation.

Created by potrace 1.16, written by Peter Selinger 2001-2019

CENTCOM internally crowdsourcing ideas to defeat Iran

54 minutes ago

Missouri station’s “SHOOTING” placeholder not exciting enough

1 hour ago

Blanche orders plug pulled on slush fund

2 hours ago

Max Miller refuses to resign and/or drop reelection bid

13 hours ago

Jim Jordan wrestles with basic consistency: Sunday AM live

21 hours ago

Arkansas state House Republican arrested for domestic battery

23 hours ago

Mentally ill president “100 percent disagrees” with crazed alcoholic

2 days ago

Houthi missile threat to critical Saudi oil processing hub “could upend Trump’s midterm message”: Politico on what really matters

2 days ago

Not-Movie Night Friday: The Shadow Over Innsmouth audiobook

2 days ago

Regime admits former Olympian didn’t damage Reflecting Pool

3 days ago

Surprise! President Blood and Soil thrilled by Ceuta rush

3 days ago

WATCH LIVE: Cabinet members deservingly suffer bleak meeting

3 days ago

Floridians advised to prevent leprosy by avoiding wild armadillos

3 days ago

Bernie Moreno taking familial frustrations out on Anthony Fauci

3 days ago

Spanish North African enclave overrun by 60,000 migrants

3 days ago

Orange Baby whines over his betrayal carrying consequences

3 days ago

Jim Jordan wrestles with very simple, easy tests of moral character

4 days ago

Talarico 51 – Picasso Face 48 in Texas: Fox News poll

4 days ago

WATCH LIVE: Creepy grampa has ideas about trucks

4 days ago

Orange Dictator really, really wants immunity from IRS audits

4 days ago

Now it’s “you can’t go to the Obama museum without a photo ID”

4 days ago

Regime gutting counterterrorism capabilities

4 days ago

Senate GOP postpones Todd Blanche nomination vote

4 days ago

Deeply unpopular tyrant speaks from his throne: Watch Live

5 days ago

Fat Rapist hits new low of 32 percent approval in QU poll

5 days ago

Volcano needs attention again: Live video

5 days ago

Secret Service surveilled James Comey prior to indictment

5 days ago

Orange Fuhrer’s approval now at 34 percent: Economist/YouGov

6 days ago

WATCH LIVE: DC bids farewell to its dearest Lindsey

6 days ago

Florida seniors get special recognition from Governor Ron DeSantis

6 days ago

Talarico 45 – Paxton 40 in Texas: poll

6 days ago

Axios finds polite way to call Trump a deranged fucking idiot

6 days ago

Southern Japan hit with 7.1 magnitude earthquake

6 days ago

Vexatious invalid plainly not keeping up with lawyers’ day-to-day

7 days ago

Regime petitions Supreme Court to throttle mail-in voting

7 days ago

WATCH LIVE: Orange Shitbrain slurs through Michigan speech

7 days ago

Texas MAGA Congressman under House Ethics investigation

7 days ago

Japanese Pokemon fandom now even more dystopian

7 days ago

Newspaper missing from McConnell proof-of-life photo

7 days ago

Cracker Barrel CEO to step down

7 days ago

“Remember, stupidity always brings LOSING AND DEATH!”

7 days ago

Orange Mental Patient goes on weird, dark AI slop shitpost binge

1 week ago

Brooklyn scooterist suffers minor injuries in scooter accident

1 week ago

“Scooterist” killed in accident: Hartford, Connecticut Fox affiliate

1 week ago

Ilhan Omar says it better than few

1 week ago

NZ Draft Cut: SpaceX jacks up rates on rural MAGAmericans

1 week ago

Vending machine burritos recalled

1 week ago

Second WHCA Dinner Attempt: Hate Watch Live

1 week ago

Qatar Force One was under a specific threat in Turkey: NYT

1 week ago

WATCH LIVE: The Dipshit President Show! Wiiiiiith your host….

1 week ago

x
x
x
x
x
x