He did use it as a primary justification, it wasn’t the only justification, however Mueller cites other statutes in his report besides the OLC. The release is carefully worded. In the end the only thing it says is that Mueller would not have formally stated Trump committed a crime, something he has said all along.
As a follow up to my reply. More specific passages from the Mueller report.
Vol 2 Introduction:
And apart from OLC’s constitutional view, we recognized that a federal criminal accusation against a sitting President would place burdens on the President’s capacity to govern and potentially preempt constitutional processes for addressing presidential misconduct.
Although a prosecutor’s internal report would not represent a formal public accusation akin to an indictment, the possibility of the report’s public disclosure and the absence of a neutral adjudicatory forum to review its findings counseled against potentially determining “that the person’s conduct constitutes a federal offense.” Justice Manual § 9-27.220.
Interesting concept there.
Government should be able to accuse someone of a crime and then decline to give the accused opportunity to confront the accuser.
It’s almost like there’s something in the constitution about that.
Exactly. Can you imagine if a federal prosecutor held a press conference and stated that you were guilty of murder… then in the same conference said you aren’t allowed to defend yourself in court.
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But he cant be charged so he cant face a judge or jury. Quite a conundrum
The thing that normally keep things balanced is when things head to court. Like when people here were saying that Donald Trump’s personal attorney wasn’t dirty. Then he was sent to prison.
If Trump like people take over the judicial system then we really are screwed.
It’s a pretty abominable principle to hold, but when you’re making America great you gotta break some eggs. Or something.
Well, when you worship Donald Trump, anything is possible!
The Attorney General has previously stated that the Special Counsel repeatedly affirmed that he was not saying that, but for the OLC opinion, he would have found the President obstructed justice.
This is the key. I’ve repeatedly made the above case and was told that Barr’s testimony regarding the statement was hearsay. Mueller is now going on record as confirming Barr’s recollection of that conversation.
And that is the key. Despite the introductory rules in section 2, the OLC was not the determining factor. That is what I have been arguing since day one.
Trump didn’t commit a crime.
Now let the Impeachment circus begin.
Sure, I agree. The OLC was only one of several reasons Mueller decided he could not charge Trump with a crime. If Barr is trying to say the OLC was the only reason, that is not true based on the Mueller report, Mueller press conference, and the joint statement.
Mueller didn’t charge Trump, or anyone else in his circle, of a crime because they simply didn’t commit one.
Completely false. See the Mueller report for exquisite details.
If that’s what you need to tell yourself to feel good, more power to you.
Shoot. This should be a slam dunk for him. All he has to do is give a citation from the report, or quote from Mueller’s press conference where he says “Trump is innocent,” or “Trump did not commit a crime.” That’s all he has to do and the argument is over.
I can’t wait to read Mueller’s own words telling me I’m wrong!
Just this week the OIG concluded that the former Deputy Assistant Director of the FBI violated 18 USC § 40.
The OIG investigation concluded that the DAD engaged in misconduct when the DAD: (1) disclosed to the media the existence of information that had been filed under seal in federal court, in violation of 18 USC § 401, Contempt of Court; (2) provided without authorization FBI law enforcement sensitive information to reporters on multiple occasions; and (3) had dozens of official contacts with the media without authorization, in violation of FBI policy.
The ultimate decision was not to prosecute.
Prosecution of the DAD was declined
When someone isn’t charged with a crime they are presumed innocent. That’s how it works in this country.
Mueller explained why he couldn’t do that.
You are free to disagree with him, but he explained why he wouldn’t do it.
A cup of hot fat and the head of Alfredo Garcia?
I read the relevant parts you speak of. No one was charged. Nada. It is done. It really is.
