The
Kremlin: Center of Russian Intelligence Operations
(Разведывательный
центр)
Update on AG Barr and his silly game
of hide the truth:
AG Barr is
supposed oversee the nation's crime and justice laws, and NOT to protect
criminals like Trump who it will come very quickly did obstruct and constantly
tried to obstruct justice - analysis below:
Simple points re: Mueller report:
The only legitimate
way this concludes is for Congress or some subsection of Congress to get the
complete and un-redacted Mueller Report. Precedent is on the side of this
approach. Congress has various models to accommodate this:
1. It can be released only to the committees of jurisdiction.
2. It can be released only to the Gang of Eight, though that may be too restrictive.
3. It can of course be released to the entire Congress, which seems most reasonable.
What redactions are included in the publicly released Mueller Report is something reasonable people can disagree over. But as long as the substance of the redactions remain secret from the Congress the whole thing is illegitimate. If the redactions of the public version are reasonable we need members of the opposition party to confirm that that is the case. We need leadership of both chambers to confirm that.
This is shaping up to give Bill Barr broad latitude to hide all the details that President Trump wants kept secret. So, Mr. and Mrs. Public: Wake up and pay close attention to all this from AG Barr more here:
1. It can be released only to the committees of jurisdiction.
2. It can be released only to the Gang of Eight, though that may be too restrictive.
3. It can of course be released to the entire Congress, which seems most reasonable.
What redactions are included in the publicly released Mueller Report is something reasonable people can disagree over. But as long as the substance of the redactions remain secret from the Congress the whole thing is illegitimate. If the redactions of the public version are reasonable we need members of the opposition party to confirm that that is the case. We need leadership of both chambers to confirm that.
This is shaping up to give Bill Barr broad latitude to hide all the details that President Trump wants kept secret. So, Mr. and Mrs. Public: Wake up and pay close attention to all this from AG Barr more here:
What will be
redacted and why: Things the public will not see: (1) related to
ongoing investigations, (2) identification of intel sources and methods,
(3) Grand Jury info that can’t be released by law, and (4) info that
unduly prejudices individuals not charged (e.g., Trump Jr., et al).
(Barr also
confirmed that Special Counsel Mueller is involved in the redaction process).
So, does Trump have a say in this: Trump and his Attorney Rudy Giuliani have
of late ramped up their usage of the term “executive privilege” and said that
they should get to review the Mueller report before it goes public to make
privilege recommendations. It does not appear, at least right now, that
this is a factor at play.
Interestingly,
Barr reminded Trump he has this right to assert privilege over “certain parts
of the report,” but that there aren’t any plans to give the report to the
White House to make privilege recommendations.
(My note: “Plans
can change” thus Barr's slick choice of words is interesting and shrewd).
WASHINGTON
(Reuters) – AG Barr plans to issue a redacted copy of Special Counsel Mueller's
nearly 400-page investigative report into Russian interference in the 2016
election by mid-April (he said in a recent letters to lawmakers).
“Everyone
will soon be able to read it on their own,” Barr wrote in the letter to the top
Democrats (Rep. Jerald Nadler, D-NY) and Republicans (Sen. Lindsey Graham, R-SC) on the
House and Senate Judiciary committees. He also said he is willing to appear
before both committees to testify about Mueller's report on May 1 and May 2.
Barr earlier
sent a four-page letter to Congress that outlined Mueller's main findings
saying that Mueller's investigation did not establish that members of the Trump
campaign conspired with Russia in its election interference activities (no
collusion). However, Mueller left unresolved the question of whether Trump
obstructed justice. (Barr said based on
the evidence presented, that he concluded it was not sufficient to charge the
president with obstruction).
He said that
his four-page letter “was not, and did
not purport to be an exhaustive recounting” of Mueller's investigation and
said he believes the public should be allowed to read it and judge for
themselves.
Barr continued: “I
do not believe it would be in the public's interest for me to attempt to
summarize the full report or release it in serial or piecemeal fashion.”
Barr
said in his letter that certain information must be redacted before the report
is released (see update above), including secret grand jury information,
intelligence sources and methods and information that by law cannot be public
or might infringe on privacy.
He said
Trump has the right to assert executive privilege on some materials but that “Trump has stated publicly that he intends to
defer to me.” I no plan for DOJ to submit the report to the White House for a
privilege review.”
Meanwhile at a rally in Grand Rapids, MI, Trump celebrated
the end of the investigation calling it “lies,
smears, and slander.”
==============================================
What we know already: (1) The Mueller report is by most
accounts now nearly 400 pages long, (2) AG Barr submitted his 4-page summary, (4)
Mueller had dozens of indictments, guilty verdicts, and sentencing, (3) the
Federal Grand Jury continues, and (4) court filings remain thus it is premature
to accept and adopt Barr’s simple 4-page summary.
Mueller’s office may
have properly drafted a detailed and damning account of Trump’s obstruction of
justice and then simply cast it as a set of facts, a road map for the analysts
who must decide what to do about it: Members of Congress.
If Mueller believed it was
inappropriate to pronounce on the president’s guilt — after all, the DOJ has a
long-standing policy against indicting a sitting president — he could be following the example of Leon
Jaworski the Watergate independent counsel who decided against indicting Nixon.
Jaworski instead submitted his findings to Congress –
an extensive accounting of all the facts surrounding Nixon’s efforts to shut
down the investigation. Jaworski’s testimony skipped all the adjectives and
adverbs. It simply told the story and allowed the branch of government tasked
with oversight to do the rest. The rest is history – Nixon resigned after the
Oval Office tapes and other evidence clearly showed obstruction.
In this case, Mueller may not have anticipated (and perhaps could not have avoided) is
that Barr would improperly declare the president’s guilt or innocence.
But that doesn’t mean Mueller came up empty-handed.
The attorney
general does have a role in determining what to show Congress. In particular,
he should redact information drawn from grand jury testimony and anything that
might give away the tools of American espionage. But why did Barr, in his own
letter to Congress describing Mueller’s work, reach a definitive conclusion
about the absence of criminal guilt?
“The Special Counsel’s decision to
describe the facts of his obstruction investigation without reaching any legal
conclusions leaves it to the Attorney General to determine whether the conduct
described in the report constitutes a crime,” Barr wrote.
But “the Special
Counsel’s decision” did not require this at all. Instead, Mueller may have
intended for Congress or voters to reach their own conclusions about Trump’s
wrongdoing. It was Barr, not Mueller,
who decided that Barr should be the judge.
What in the
report might challenge Trump’s claim that he has been “exonerated”? The initial
portion could document the intervention by military agents of a hostile foreign
power in an American presidential campaign. Yes, we already know the outlines
of this attack from the allegations in Mueller’s grand jury indictments of
Russian operatives.
That would be a startling account of the brazen attack on
democracy. The counterintelligence portion also may prove deeply embarrassing
to those who argue that Mueller’s investigation should never have existed. If
so, would critics really maintain that Congress and the American people should
be kept in ignorance about such an attack on the United States? Such evidence would
also establish that the media’s “obsession with Russia-gate was entirely
proper, indeed essential and not a “hoax, witch hunt, or fake news” that Trump
has labeled the reporting.
My 2 cents: Lastly, we must not underestimate
the strength, experience, and skill of Putin in Russia with his massive “disinformation
apparatus” (Russian: дезинформационный аппарат) ever since 1923 and has gotten stronger
with each new operation ever since.
That’s why I is critically important the public see
the full Mueller report, minus the most sensitive data, but not to protect
Trump in any way, period.
So, stay tuned and thanks for stopping by.
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