Posts tagged with "Collusion?"

‘There’s nothing routine about this’: Barr moves to send Mueller’s report to Trump

March 29, 2019

More than three in four Americans (77%), including majorities of both Republicans and Democrats, think that Special Counsel Robert Mueller’s full report should be released to the public, based on findings of a survey conducted by CBS News and released on March 28.

However, after summarizing the 300-plus-page report in fewer than 1,000 words and coming to his own conclusion on obstruction of justice charges, Attorney General William Barr now has said he intends to hand the document over to the president—instead of to Congress and the American public.

Indeed, according to a story by Business Insider, Barr is taking the peculiar and unheard of step of giving precedence to the sitting president to review and redact a document summarizing an investigation into his own administration’s culpability in Russian interference into the U.S. elections and obstruction of justice.

Typically, the news outlet notes, when the government obtains information that can be protected under presidential privilege claims, it sets up a separate filter team to separate out that information before prosecutors see it. Justice Department veterans said they were surprised Barr chose to forego that option and send the report directly to the White House.

Over a dozen current and former White House officials have given testimony and turned over documents to Mueller, and legal scholars say President Donald Trump’s team could theoretically assert executive privilege over all that information.

The dilemma could put Barr in a difficult position, one former federal prosecutor pointed out to the news outlet: “Say Barr sends this report to the White House and tells them to pull out anything they think is privileged. What if the White House sent back one-third of the report and redacted the rest? What does Barr do with that? Does he just accept it and only release the parts that weren’t redacted, or if he feels like the White House is wrong or abusing their power, does he challenge them?”

“There’s nothing routine about this,” Patrick Cotter, a former federal prosecutor who worked at the Justice Department when Barr was acting attorney general in the 1990s, told Business Insider. “There’s nowhere to look for a precedent to what Barr’s planning on doing here, because there’s never been a report issued under the special counsel statute Mueller’s operating under.”

“I’m not sure why Barr felt this was the appropriate way to go about handling potentially privileged information,” Cotter said, adding, “You shouldn’t be able to use it in a way that gives you an unfair advantage,” Cotter said.

Research contact: @businessinsider

Mueller to convey key findings of Russia probe after midterms

October 18, 2018

Special Counsel Robert Mueller is expected to divulge key findings of his team’s 18-month-long Russia probe soon after the November midterm elections.

The news comes as Mueller faces mounting pressure, either to produce more indictments or shut down his investigation, according to Bloomberg sources, the business news outlet reported on October 17.

Specifically, two U.S. officials told Bloomberg, Mueller is close to rendering judgment on a couple of the most explosive aspects of his inquiry:

  • Were there clear incidents of collusion between Russia and Donald Trump’s 2016 presidential campaign?
  • Did the president take any actions that constituted obstruction of justice?

That doesn’t necessarily mean, Bloomberg said, that Mueller’s findings would be made public if he doesn’t secure unsealed indictments. The regulations governing Mueller’s probe stipulate that he can present his findings only to his boss, who is currently Deputy Attorney General Rod Rosenstein. The regulations give the special counsel’s supervisor some discretion in deciding what is relayed to Congress and what is publicly released.

The question of timing is critical. Mueller’s work won’t be concluded ahead of the November 6 midterm elections—and, with just three weeks to go, it is unlikely that Mueller will take any overt action that could be turned into a campaign issue. Justice Department guidelines say prosecutors should avoid any major steps close to an election that could be interpreted as influencing the outcome.

Also complicating the release of findings is the fact that Mueller only recently submitted written questions to Trump’s lawyers regarding potential collusion with Russia—and his team hasn’t yet ruled out seeking an interview with the president, according to one of the U.S. officials.

What’s more, the news outlet reported, this timeline raises questions about the future of the probe, itself. Trump has signaled repeatedly that he hopes to replace Attorney General Jeff Sessions after the election—a move that could bring in a new boss for Mueller or put the entire inquiry in jeopardy.

Rosenstein has made it clear that he wants Mueller to wrap up the investigation as expeditiously as possible, another U.S. official said. The officials gave no indications about the details of Mueller’s conclusions. Mueller’s office declined to comment for the Bloomberg story.

Research contact: @cstrohm