Introduction
Mueller’s report generated under the direction of the Department of Justice. The report presents evidence in 2 Volumes. Volume I provides the results of Mueller’s team investigation of how Russia influenced the 2016 Presidential Election; and, whether there was any coordination and/or collusion between Russia’s attempt to influence the election and the Trump Presidential Campaign.
Attorney General Barr’s Summary
In February, the new new Attorney General William Barr took leadership of the Justice Department. Prior to the release of the Mueller’s report Barr as Attorney General decided to provide a 4-page summary of the report. While questioned at the time, this summary served as the talking point until the full report was release 3 weeks later.
President Trump’s Key Phrase
President Trump used the summary to coin the simple phrase, No Collusion, No Obstruction. Until the release of the report, the two main conclusions of the report went supported by the Barr summary.
The Reports Summaries
The two main conclusions as quoted in Attorney General Barr’s summary and the report are:
- ” Ultimately, the investigation did not establish that the Campaign coordinated or conspired with the Russian government in its election-interference activities.”
- “…if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment.”
Barr uses these statements to exonerate Donald Trump of all wrong doing. Note, the statements do nothing of the sort. It only states that the investigation “did not establish that” connection.
Reservations for Mr. Mueller and His Team
As we now know, Mr. Mueller’s team, including Mr. Mueller, had reservations about the representation presented by Attorney General Barr in his summary of the report. The purpose of this post is to provide an alternative summary which attempts to be more balanced.
In the body of the document, Mr. Mueller quotes Donald Trump as saying on July 27,2016
“”Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing. I think you will probably be rewarded mightily by our press.”
Mr. Mueller and his team go on to question Mr. Trump’s motives and it puts into question why he encouraged Russia to continue its search for missing documents, both of which would be criminal activities which could potentially help Mr. Trump bid to win the election.
My Summary
While the investigation was unable to establish the connection. Trump’s own actions provide enough evidence that an investigation had to take place. There was no “witch hunt”, as Mr. Trump has so often categorized the investigation.
I will let the rest of Volume I and its current public discourse stand.
Volume II – On Matters of Obstruction
Volume II is another matter altogether. Mr. Mueller and his team present evidence which may or may not support Obstruction of Justice charges against the now President Trump. Mr. Mueller, himself, makes no final judgement because his position in the Executive Branch of Government and specifically the Department of Justice. He concluded he could not indict a sitting President and that the Constitution clearly states that impeachment by Congress is the only way a sitting President may be prosecuted for crimes. Hence, his conclusion is:
Report’s Non-Conclusion for Obstruction
“Because we determined not to make a traditional prosecutorial judgment, we did not draw ultimate conclusions about the President ‘s conduct. The evidence we obtained about the President’s actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment.”
Trump’s Interpretation
While President Trump has repeatedly proclaimed the quotes above are a blanket vindication, I believe that is far from the truth.
Potential Acts of Obstruction
Readers of the report learn of actions by the President which might be considered as obstruction of justice. His potential acts of obstruction include:
- Interactions with FBI Director Comey asking for loyalty and requesting he make it clear that President Trump was not under investigation
- Attempts to influence and limit, through the use of the District Attorney the scope of the investigation
- Attempts to have both Attorney General Sessions and Special Prosecutor Mueller removed
- Use of Twitter and his bully pulpit to praise those who toed the line and degrade those who assisted the investigation. All of this activity is available to the public, some of the activity occurred during legal proceedings as part of the Special Counsel’s investigation.
- Authoring a letter, meant to be from his son, which narrowed the context of the June 9th 2016 meeting in Trump Tower with a Russian “diplomat”. This misrepresents the purpose of the meeting in hopes of minimizing the backlash from the desired purpose would of and did eventual have. This meeting attendees included high-level Trump associates Jared Kushner, Donald Trump Jr, and Paul Manafort. The purpose of the meeting as described in eMail communications was to exchange information which would be derogatory to Hillary Clinton. According to those who attended, the meeting was a disappointment. US adoption of Russian children issues were discussed.
Obstruction and Mr. McGahn
There were other actions which might be considered Obstruction of Justice. It is my opinion that, President Trump’s actions involving Mr. McGahn are the most troubling. At one point he requested that Mr. McGahn to write a memo, which would weaken any accusations which might come from future testimony from Mr. McGahn. In brief he asked Mr. McGahn to write a memo which Mr. McGahn would have felt was lying.
Discussion of the Obstruction Issues Raised.
In Volume II the report provides a narrative which shows Donald Trump as President of the United States systematically both behind the scenes, and in the public, used his position to attempt to influence the outcome of the investigation and to spin the conclusions. His continued use of the term “witch hunt.” While he supports the conclusions positive to him, he asks us to dismiss those parts of the report which reflect poorly as lies generated by the opposition. Mr. Mueller identifies himself as a Republican, and holds opinions which many would consider apolitical. Instead of condemning Robert Mueller and his staff, they should be commended for the balance found in their report.
The Mueller team decided they were not tasked with “a traditional prosecutorial judgment.” The wording was carefully chosen and leaves the obstruction question not only open but demanding further review. They say if they could they would find that the President “did not commit obstruction of justice, we would so state.” It continues that the team was “unable to reach that judgment.” It is my belief that given the guidelines provided by the Department of Justice, Mr. Mueller and his team’s summary statement is the strongest statement available to indicate President Trump committed obstruction of justice.
Should we Believe Barr
The evidence provided in the report, that loyalty to Donald Trump is an important item to the President. He questioned and asked for FBI Director Comey’s loyalty. He questioned Attorney General Sessions recusing himself from the investigation. These facts alone question Attorney General Barr’s ability as a viable arbitrator when it comes to the President.
The report suggests that he did not get that loyalty from Comey or Sessions and both were fired or put in positions which they were required to resign. In William Barr, Donald Trump has found the loyalty that was missing with Jeff Sessions.
As described in the report, I would conclude that this loyalty is more important than adherence to upholding the balance of power found in the constitution or to the people of the United States. Given this, Attorney General Barr’s summary can not be the final word on Mueller Report, because he is tainted by the specter of loyalty required by Donald Trump.
My Conclusion
What happens next. I agree that the House should further investigate the abuse of power displayed by President Trump. Is the Mueller Report is the final word on President’s Trump conduct.
My interpretation is that Mr. Mueller believes that it is Congress’s responsibility to investigate presidential misconduct, and since this report cannot clear the President, Mr. Mueller is stating that it is up to Congress to investigate further to determine if the President’s conduct meets the standard of “high crimes and misdemeanors” defined in our Constitution as the standard necessary for impeachment.
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