Mueller Played by DOJ Rules: AG Barr Did Not He Broke Them Now What Happens

The Good vs. the Bad and Very Bad

(Ugly is down the road a bit)

New hotter spotlight focus from Mueller to Barr and back to Trump:

B/L and not political spin - not a DEM or GOPer issue: Mueller played by the DOJ rules – Barr did not.

I also bet Mueller is pissed at Barr for putting words out that are /were NOT Mueller's intent at all. DEMS now have a bigger issue and a very wide opening and stronger case for “obstruction of justice” against Trump, and along the way the public will come to see that, too.

The political spotlight focused brightest on Special Counsel Robert Mueller for nearly two years, his every legal move, and court filing scrutinized by a country eager to decipher what the Russia investigation had uncovered about Trump.

Mueller’s is work done and the question changes from what Mueller found to how much of it House Judiciary Chairman Rep. Jerrold Nadler (D-NY) and other lawmakers can and will make public.

Nadler and others in Congress made clear — even before AG Barr gave Congress a four-page summary of Mueller’s principal conclusions — just how far they would go to get the full special counsel report and backing evidence.

Two related stories:

Sens. McConnell and Graham leave room for Barr to withhold parts of Mueller report and Rep. Nadler responded on NBC News right after Mueller’s report went to Barr:  “If it is not made public in its entirety, we will use a compulsory process, we’ll subpoena the report, and if necessary, we reserve the right to call Mueller before the committee, or maybe even Barr before the committee.”  

And this story: Possible Barr and his biased opinion to protect Trump.

B/L: Such moves could set off a historic separation of powers battle between the legislative and executive branches that some lawmakers say might go all the way to the Supreme Court — particularly if Trump moves to block part of the release through a claim of executive privilege.

One part of Barr’s summary is a quote from the Mueller report, appears to give Democrats a reason to push for more information:

“The Special Counsel states that while this report does not conclude that the President committed a crime, it also does not exonerate him.”

Barr wrote that he and Deputy AG Rod Rosenstein concluded there was not enough evidence to establish Trump committed an obstruction-of-justice offense, in part because Mueller recognized that “the evidence does not establish that the President was not involved in an underlying crime related to Russian election interference.”

Nadler tweeted that it only took two days for Barr to conclude that there will be no DOJ action and there must be: “Full transparency in what Mueller found that did not exonerate Trump,” adding: “Special Counsel Mueller clearly and explicitly is not exonerating the President, and we must hear from AG Barr about his decision making and see all the underlying evidence for the American people to know all the facts.” 

Much of what happens next depends on what Barr decides about how much of Mueller’s report can be and will be disclosed to Congress and to the public. Barr again told lawmakers that he remains: “Committed to as much transparency as possible.” Trump has called for the report to be released though he has not said if he would use executive privilege.

There are some parts of the report that could remain confidential, such as grand jury work products, classified information or evidence that is part of ongoing investigations, and there are signs that other parts of the report could be withheld.

Barr told the Senate during his confirmation hearing this year that DOJ policy is to not release derogatory investigative information about people who are not charged with a crime. Trump has not been indicted (and indeed not have been) by Mueller. DOJ officials also told reporters there are no more S/C indictments coming.

Then the decades-old DOJ legal opinion, but never tested in court: “… a sitting president cannot be indicted.” DEMS fear that Trump will exploit that loophole to keep information from the public re: himself.

Trump also has hired lawyers to aggressively invoke executive privilege to resist the release of details describing confidential and sensitive communications between the president and his senior aides, if there are any in the report (Cite: Washington Post reported back in January).

“Ultimately, if the administration tries to hide the full Mueller report, the president will find himself relying on the courts to quash a congressional subpoena,” wrote Sen. Patrick J. Leahy (D-VT), Senate Judiciary member, in a Washington Post op-ed published that Friday night report release date (March 22, 2019). 

Leahy highlighted the parallels to the Supreme Court’s decision in United States v. Richard Nixon, the 1974 Watergate case in which Nixon as president lost his fight to keep secret White House recordings. Leahy added: “No one can predict with certainty what the courts will do.”

Sen. Coons (D-DE) told reporters Saturday (March 23, 2019) that a consistent concern for him during confirmation hearings for Trump’s two Supreme Court picks, Justices Neil M. Gorsuch and Brett M. Kavanaugh, was their “very broad view they have of executive power.” 

And that could favor the president’s chances in court, Coons added: “I think it should be prevented from use as a shield for potentially inappropriate or even arguably illegal activity in the executive branch. I am concerned that executive privilege might be broadly asserted here, and that that might end up shielding from view some of the most important conclusions of the Mueller report.”

More here from PBS with key takeaways from Mueller’s findings:  

Unanswered questions:

In his summary, Barr acknowledged there was intense interest in the report, and that he would try to make as much of it public as possible.

But anyone who hopes the full report will be released anytime soon will be disappointed.

Barr said the report contained grand jury material that cannot be released, in accordance with section 6(e) of the Federal Rules of Criminal Procedure. That material typically remains sealed unless a judge orders it to be made public. While Democrats could take legal action to make that happen, it’s not a guarantee, and it’s unclear how long it would take for that legal process to play out.

In the meantime, Barr said he would work quickly to identify the 6e sections of the report, and try to release the parts of the report that aren’t covered by other DOJ restrictions.

Until then, the political battle over the special counsel investigation will remain alive. Before Barr’s letter to Congress was released, Nadler told CNN’s State of the Union that he was willing to go to the Supreme Court to get the full Mueller report. As with Barr’s decision on the potential obstruction charges, the next move is now up to Democrats, who will have to determine how badly they want to see the full report — and the best strategy to get it.

What happens now?

It’s unclear. Trump’s potential legal trouble from the special counsel investigation appears to have diminished, particularly around the issue of collusion. The prospect of a swift move to impeachment by the House — which some Democrats viewed as a possibility, if Mueller’s report had concluded that Trump clearly obstructed justice — also seems far less likely now.

For supporters who believed Trump’s claims that the investigation was a “witch hunt” and a “hoax,” Mueller’s findings proved Trump’s innocence.

Key Point: Mueller’s conclusion lacked a smoking gun, but left enough wiggle room to warrant further investigation by Congress.

But Trump will still face legal challenges going forward. House Democrats have launched numerous investigations into his presidency and his business empire, and those will continue. 

Federal prosecutors in New York are still investigating Trump’s business practices and donations to his inauguration committee. Barr noted in his summary that in the course of Mueller’s investigation the special counsel had referred some materials to other offices, which means there may be state or federal probes that have yet to become public.

My 2 cents: My earlier Mueller report link here. Mueller played by the DOJ rules as everyone says he always does. 

Within those rules, Mueller could not indict or charge Trump (a sitting president IAW those DOJ). Attention now shifts DEM-run House. 

Hopefully, they will do their due diligence as the Constitution demands.

Stay tuned – “It ain’t over till it’s over.” ~ Yogi Berra. 

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