Connect with us

News

How Mueller made his no call on Trump and obstruction

Published

on

Special counsel Robert Mueller found he couldn’t exonerate President Donald Trump of obstruction of justice, but he wouldn’t recommend charging him, either. (File Photo By Federal Bureau of Investigation/Wikimedia commons, Public Domain)

WASHINGTON — It was a punt that will be examined for years, if not decades.

Special counsel Robert Mueller found he couldn’t exonerate President Donald Trump of obstruction of justice, but he wouldn’t recommend charging him, either.

In explaining the decision to eschew a “traditional prosecutorial judgment,” Mueller said he faced not only having to untangle Trump’s motivation for trying to curtail the Russia investigation but difficult issues of law. That included the Justice Department’s position that a sitting president can’t be indicted, the basic tenets of fairness in the American criminal justice system and whether some acts fell within the power of the presidency.

Mueller found that Trump made numerous attempts to interfere with the investigation but he was largely foiled — and saved— by those around him, most notably former White House counsel Don McGahn. He and others either refused to follow Trump’s orders or let them die quietly through inaction.

But in examining a series of episodes, Mueller laid out a process that will almost certainly be questioned during any congressional testimony and be debated in law school classrooms and bars for years to come.

From the outset, Mueller said he was bound by the Justice Department’s opinion: He couldn’t indict Trump. He also felt he couldn’t recommend criminal charges even in a secret Justice Department memo or in a charging document filed under seal until after Trump left office.

Mueller’s team worried such moves could leak, leaving Trump in the position of having a prosecutor say he committed a crime without the ability to defend himself at a public trial.

“The concerns about the fairness of such a determination would be heightened in the case of a sitting President, where a federal prosecutor’s accusation of a crime, even in an internal report, could carry consequences that extend beyond the realm of criminal justice,” Mueller wrote.

Mueller said he recognized that any charging recommendation could “potentially pre-empt constitutional processes for addressing presidential misconduct,” an apparent reference to Congress’ impeachment powers.

But Mueller rejected Trump’s lawyers’ broad interpretation of presidential authority. They argued that the president has expansive powers under the law, and the special counsel couldn’t investigate Trump’s decisions to fire an appointee, such as FBI Director James Comey, or to try to close a federal investigation.

Mueller said he could investigate Trump and he thoroughly examined 10 episodes looking at whether there was an “obstructive act” and whether Trump had a corrupt intent.

Ultimately, he laid out the facts, finding that while there wasn’t an underlying crime of Russian collusion, Trump still took steps that “were capable of exerting undue influence over law enforcement investigations.”

“The President’s efforts to influence the investigation were mostly unsuccessful,” Mueller wrote, “but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests.”

Josh Blackman, a professor at the South Texas College of Law Houston, said to find that the president obstructed justice, Mueller needed much clearer evidence that the president acted solely with “corrupt intent.”

But Nick Akerman, a former federal prosecutor who served as a member of the Watergate prosecution team, said Attorney General William Barr, who cleared Trump of obstruction of justice, had “nobusiness” doing so.

“There’s just so much here it’s just impossible not to conclude that he was guilty of obstruction of justice,” said Akerman, who had not yet gotten through all of the report. Still, he said Mueller was bound by the Justice Department’s position that a sitting president can’t be indicted.

“He charged people he could charge,” he said. “He couldn’t charge Trump.”

 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Canada News4 hours ago

My Lifelong Love Affair with Holly Golightly

Holly Golightly and I are made of the same stuff: On being wild and untamed, beautifully complicated, and forever believing...

Canada News1 week ago

Staying Grounded and Grateful

This article is for three very different Filipinos who deserve kindness, not ridicule. The first person I want to stand...

Lifestyle4 weeks ago

When Family Ties Break: Learning to Live With Estrangement

There was a time when the idea of becoming estranged from your own family seemed almost unthinkable. Family was family....

Headline1 month ago

A Day In My Life

There was a time when I thought a fulfilling life had to be busy to be meaningful. Now, I think...

Headline2 months ago

Letting Go with Love

There is a particular kind of heartbreak that comes with watching your child grow up. It isn’t the heartbreak of...

Headline3 months ago

Living With Anxiety: The Invisible Weight We Carry

There are illnesses we can see, and then there are the ones we learn to hide. Anxiety is often one...

Headline3 months ago

The Art of A Slow Weekend

We live in a world that glorifies being busy. Some people wear exhaustion like a badge of honour. Calendars are...

Headline4 months ago

Why We Chose an Intimate Wedding — And Why More Couples Are Doing the Same

Every wedding anniversary takes me back to one of the most magical days of our lives and reminds me why...

Headline4 months ago

Celebrating Turning 58

Birthdays have a way of making us pause—not to count the years we’ve lived, but to appreciate the countless blessings...

Lifestyle5 months ago

The Painful Reality of Losing Someone

Recently, I experienced the painful reality of losing someone through others. One friend lost her fiancé to death, while another...