The report references two investigations: the FBI's and Special Counsel's. Per the 28 CFR 600.8, Mueller would have authority to investigate the "potentially obstructive" acts committed in connection with Special Counsel's investigation. He would not, however, have prosecutorial authority vis-a-vis obstructive acts committed in connection with the FBI's investigation.
That all being said, Mueller could only prosecute federal crimes - which begs the whole immunity question. But I think it's safe to say that because more of the obstruction was directed towards the FBI's investigation (as I understand, I haven't paid that close attention), Mueller couldn't prosecute.
"The Order appoint Special Counsel gave this Office jurisdiction to investigate matters that arose directly from the FBI's Russia investigation, including whether the President had obstructed justice in connection with Russia-related investigations. The Special Counsel's jurisdiction also covered potentially obstructive acts related to the Special Counsel's investigation itself.
Mueller goes at lengths to explain why he lacks the authority to initiate a prosecution - but - also says that "if we had confidence after a thorough investigation if 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, however, we are unable to reach that judgment."
Any fair reading of the report should go: "I lack jurisdiction to prosecute, but if I did, then I would."
mueller couldn't prosecute trump regardless. they made clear that they cannot indict a sitting president
He could've indicted other people, but there was no crime.
Be interesting to hear what Mueller himself says, since Barr has done such a great job conveying what Mueller really means
Solid take
I think there was some argument why it was arguable Mueller could indict, but I think the cons ional design is to have him removed by congress and then be at the mercy of an US attorney.
Man, Darrin is really going in for someone he says he doesn't even like.
So originalMan, Darrin is really going in for someone he says he doesn't even like.
They should subpoena Mueller then.
Not trying to be witty, original or nothing. Just an observation.So original
Russiagate was a fraud. Just an observation.
Pretty much. Basically, it’s a telegraph to Congress. Obviously, the larger issue is Congress getting stonewalled by the AG, which apparently is not a connection made by the connect-the-dots fans.
I don’t particularly think the letter from Mueller to Barr is scathing, however, it does communicates the concern from the special counsel about the credibility of the findings if the disclosure isn’t proper.
In other words, Mueller believes Barr’s seemingly arbitrary censure does his investigation a disservice.
Doesn’t sound like they’ll have to
if trumps the one who committed obstruction... that doesnt mean mueller could willy nilly indict other people for those charge
Obviously, I'm referring to the bogus Russiagate conspiracy.if trumps the one who committed obstruction... that doesnt mean mueller could willy nilly indict other people for those charge
I understand the goalposts have since shifted.
Obviously, I'm referring to the bogus Russiagate conspiracy.
I understand the goalposts have since shifted.
Nice try.I understand the goalposts have since shifted.
The concern about obstruction was there shortly after Mueller was appointed, and recurred a dozen or so times thereafter.
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Barr said he had trouble with the word suggest, as in did Trash "suggest" that Barr open investigations.
After Barr was AG, Trash publicly declared, not suggested, he wanted Hillary and Biden investigated.
Barr LIED, impeach the slimebag.
And then their is Barr using the term "spying" for what Obama/FBI did to Trash and his Russian mafiya in Trash Tower.
Perjury would be a hard bar to clear. Impeachment is certainly possible, but removal depends on a GOP Senate that has already shown it will go to the mat for Trump no matter what he does.
The Trump administration's threatened investigations against the Dems may make impeachment hard to resist. It's hardly unthinkable that Trump, perceiving himself as having been the target of a politically predicated invesigation, will use the DOJ to discredit his 2020 opponents. It's a personal vendetta at this point, Trump may find it hard to resist using the powers of his office and the state to crush his perceived enemies.
He has been fantasizing about it for three years -- well before there was any vendetta.
But you just shifted them for some reason.Obviously, I'm referring to the bogus Russiagate conspiracy.
I understand the goalposts have since shifted.
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