Tag Archives: Mueller Report

Impeach him. Now.

No, I’m not talking about impeaching President Trump. That is a knotty decision with excellent philosophical and legal arguments on one side and valid political and practical ones on the other.

AG William Barr

No, I’m talking about the prime law enforcement officer of the United States, William Barr, the Attorney General. He lied to the American public and apparently committed perjury when testifying to Congress. These are crimes that call out for impeachment, unless Barr resigns immediately.

Special Counsel Robert S. MuellerPhoto credit: USAToday

On April 10, Barr was asked in a Senate hearing whether Special Counsel Robert Mueller agreed with his summary of the results of Mueller’s investigation and his conclusions. Barr testified before the Senate that he didn’t know. That statement was not truthful. We now know that Mueller had written to Barr on March 27, three days after Barr had released his “summary,” that he did not agree with Barr’s conclusions. Mueller wrote to Barr that his memo “did not fully capture the context, nature and substance” of the probe and the Report.

Barr misrepresented both sections of the Mueller Report. In the second section, Mueller clearly documented 10 instances of Trump’s obstruction of justice. If anyone but the president had committed even one of these acts, (s)he would have been indicted. Mueller specifically said in the Report that he could not directly accuse the president of a crime because the Department of Justice has ruled that a sitting president cannot be indicted.

[W]e determined not to apply an approach that could potentially result in a judgment that the President committed crimes…. Fairness concerns counseled against potentially reaching that judgment when no charges can be brought.

“Accordingly,” Mueller wrote, “while this report does not conclude the President committed a crime, it also does not exonerate him.” In his four-page memo, Barr directly contradicted Mueller on that point, saying that Mueller had not been influenced in any way by that DOJ ruling. Even more significantly, Barr wrote that there was evidence both for and against obstruction in the Report, but he had determined that there was no obstruction, thus giving Trump the pretext to proclaim, falsely, again and again, “No collusion, no obstruction.”

Mueller also condemned the delayed release of the Report, which allowed the misinformation that Barr had propagated to marinate and solidify in the minds of the public. In his letter to Barr, Mueller complained that

There’s now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department of Justice appointed the Special Counsel, which is to assure full public confidence in the outcomes of the investigations.”

And by extension, to undermine public confidence in the Department of Justice itself and the rule of law.

The Russian connections with the Trump campaign are covered in the first section of the Report. Though there were many of these, Mueller was not able to prove conspiracy between the campaign and Russia. Collusion is not a legal term. Barr elided the distinction between collusion and conspiracy. He ignored the ongoing investigation of Roger Stone, who was trafficking in stolen documents with Wikileaks and the Russians. It’s possible Stone can’t be successfully prosecuted under the current statute, because our laws outdated: they don’t account for digital documents.

With his letter Mueller included redacted introductions and executive summaries from the Report that he and his staff had written for Barr to release to the public. Barr did no such thing. He had said publicly that he “was not interested” in releasing summaries of the Report, that he didn’t want to release it piecemeal.

Can there be any doubt that the Attorney General has violated the sacred trust placed in him by covering up the President’s crimes and deceiving the American public? William Barr cannot be trusted to oversee the remaining prosecutions (redacted) in the Mueller Report nor those that will arise from the corruption of Trump and his family.

4 Comments

May 1, 2019 · 2:09 AM

Bring on the Mueller Report

Please, Counselor Mueller, show us your report
Barr’s letter is duller and much, much too short.

  For months we’ve been waiting,
  we’re all speculating.
  Now Barr's arrogating
  the right to decide, even hide,
  the fruits of your labors
  —This we can't abide!



Barr’s stalling,
stonewalling,
appalling!
We need to see what you wrote.
Barr's conclusions are spurious,
they make us furious.
His excuses won’t float.

Now
Subpoenas are flying,
There'll be no denying.
Nadler is on it, Schiff and Cummings too--

Show us, show us, show us what is true!

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The unbearable mystery of Mueller

Special Counsel Robert S. Mueller
Photo credit: USAToday

For almost two years Democrats waited with apprehension and Republicans with dread for Special Counsel Robert Mueller to conclude his investigation into Russian interference in the 2016 election. When the day finally came, Attorney General William Barr received the report. Two days later, he summarized the conclusions in a four-page letter. Republicans were elated, Democrats were stunned, and the president was jubilant.

Barr wrote that Mueller found neither Trump nor members of his campaign had conspired with the Russians. 

But the other charge, obstruction of justice, remained unresolved. Mueller wrote

while this report does not conclude that the President committed a crime, it also does not exonerate him [emphasis mine]. 

Whereupon Barr took it upon himself, in consultation with Deputy Attorney General Rod Rosenstein, to go where the Mueller Report had not. He concluded that President Trump had not obstructed justice, despite Mueller’s refusal to exonerate him. 

Why did Special Counsel Mueller decide not to decide? Prosecutors normally prosecute.

A Special Prosecutor is appointed when an important investigation demands that it be led by someone deemed to be completely independent and resistant to countervailing political winds. By not resolving the question of Trump’s obstruction of justice, Mueller obviated the purpose of having an apolitical Special Counsel. The final decision now falls to a Trump appointee, the Attorney General, or Congress, which is nothing if not political. 

Barr is hardly unbiased. Before his nomination, he wrote an unsolicited memo that called Mueller’s obstruction of justice investigation “fatally misconceived.” Barr wrote that, given the executive power inherent in the office, it is impossible for the president to obstruct justice. It was completely within Trump’s powers as head of the executive branch, Barr wrote, to ask FBI Director James Comey to go easy on then-National Security Advisor Michael Flynn and fire Comey for his suggestion that the President had acted inappropriately.  

Barr believes that there cannot be obstruction without an underlying crime. Once Mueller cleared Trump of collusion, the underlying crime was gone, so ipso facto  Trump could not be obstructing justice.

It was clear early on that members of the Trump campaign had meetings with Russian nationals and tried to hide and then deny those actions. The infamous June 9, 2016, meeting in Trump Tower was one of these. It was attended by three senior members of the Trump campaign (Donald Trump Jr, son-in-law Jared Kushner and then-campaign manager Paul Manafort) and a Russian government lawyer. Trump Jr had written that he would love to receive opposition research on Hilary Clinton from the Russians. Trump and his aides concocted several stories to explain the meeting, but none of the lies was able to withstand the truth eventually uncovered by tireless journalists.

We also know that during the campaign the president was working on a lucrative business deal, the erection of a Trump Tower in Moscow. Was he compromised by his eagerness to do business with Putin? Was making lots of money the only motive for Trump’s deference to the Russians?

Did Mueller fail to draw a conclusion because it might have prejudiced ongoing investigations he had referred to other jurisdictions? Would a conclusion have contaminated the jury pool for a future grand jury?

The Democrats will have to choke on these questions and more until, if ever, the full report is released. House committees may carry on the multiple investigations they have begun. They may call Mueller to testify, despite Barr’s opposition.

But if the Dems are wise, they will concentrate on giving the voters what they want. Healthcare leads the list. Trump may have given Democrats a gift by proposing to completely repeal the ACA / Obamacare. Voters are much more interested in the bread-and-butter issues that affect them directly every day than they are in the political bickering in Washington. 

If American democracy can withstand the Trumpian onslaughts, an accurate history of the Trump era will one day be written.

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