As I said before, Bill Barr is obstructing justice. But he can't be prosecuted on this evidence alone, because you can't prove intent.We know from Barr’s letter that in the report, Mueller “sets out evidence on both sides” of the obstruction question—and that Mueller says his report “does not exonerate” Trump. For now, all we have is the letter. And it doesn’t show that Trump is innocent of collusion or obstruction. It shows that collusion and obstruction were defined to exclude what he did.
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Republicans are gloating. They claim a four-page letter from Attorney General William Barr, purporting to summarize the report, exonerates President Donald Trump. They’re wrong. The letter says the Justice Department won’t prosecute Trump, but it reaches that conclusion by tailoring legal standards to protect the president. Here’s a list of Barr’s weasel words and what they’re hiding.
“The Russian government.” The letter quotes a sentence from Mueller’s report. In that sentence, Mueller says his investigation didn’t prove that members of the Trump campaign “conspired or coordinated with the Russian government in its election interference activities.” The sentence specifies Russia’s government. It says nothing about coordination with other Russians. [eg: Kilimnik, Veselnitskaya]
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“In its election interference activities.” This phrase is included in the same excerpt. It reflects the structure of the investigation. Mueller started with a counterintelligence probe of two specific Russian government operations: the production of online propaganda to influence the 2016 U.S. election, and the hacking of the Democratic National Committee and Hillary Clinton’s campaign. [...] If Barr’s letter is accurate, Mueller seems to have decided to confine his examination of American complicity to those two operations. In fact, Barr’s letter specifically cites those operations as the contexts in which Mueller didn’t find conspiracy or coordination. Other contacts between Trump associates and Russians, such as Trump’s Moscow tower project and Michael Flynn’s secret talks about easing sanctions, have been set aside.
“Agreement—tacit or express.” A footnote in Barr’s letter says the special counsel defined coordination as “agreement—tacit or express—between the Trump Campaign and the Russian government on election interference.” The letter doesn’t clarify whether this definition originally came from Mueller or from the Justice Department. [...] Donald Trump Jr. was told in an email that “the Crown prosecutor of Russia” had “offered to provide the Trump campaign with some official documents and information that would incriminate Hillary … and would be very useful to your father.” The email said the offer was “part of Russia and its government’s support for Mr. Trump.” Trump Jr. wrote back: “If it’s what you say I love it.” Apparently, by the standards asserted in the letter, this doesn’t count as even “tacit agreement … on election interference.”
“Rosenstein and I have concluded.” Barr’s letter mixes two different authors. On questions of conspiracy and coordination, Barr summarizes Mueller’s findings. But on the question of whether Trump obstructed justice, Barr draws his own conclusion [...] As the letter concedes, Mueller “did not draw a conclusion one way or the other as to whether the examined conduct constituted obstruction.” That’s for the rest of us to decide.
“Absence of such evidence.” One reason to be suspicious of Barr’s conclusions is that in the course of the letter, he tweaks Mueller’s opinion to look more like his own. Mueller’s report, as excerpted by Barr, says “the evidence does not establish that the President was involved in an underlying crime related to Russian election interference.” Barr quotes that line and then, in the same sentence, concludes that “the absence of such evidence bears upon the President’s intent with respect to obstruction.” But the excerpt from Mueller’s report doesn’t refer to an absence of evidence. It refers to a presence of evidence, and it says this evidence isn’t enough to prove a crime. Throughout the investigation, this has been a standard Republican maneuver: misrepresenting an absence of proof as an absence of evidence. Barr’s use of this maneuver in his letter is a red flag that he’s writing partisan spin.
Slate
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...but hey, do what you want...you will anyway.
UPDATE:
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