Special Counsel Robert Mueller objected to Attorney General William Barr’s handling of Mueller’s Trump-Russia report, as Barr tried to protect Donald Trump from legal and political consequences.
In a letter to the Attorney General in late March, the Special Counsel challenged Barr’s presentation of the issue of Trump’s obstruction or attempted obstruction of justice. A day later, Mueller made his point in a 15-minute phone call to Barr.
Mueller wrote about Barr’s four-page memo on March 24, two days after the Attorney General received the 448-page report.
The summary letter the Department sent to Congress and released to the public late in the afternoon of March 24 did not fully capture the context, nature, and substance of this office’s work and conclusions. There is now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations.
See also EA on CNN: Mueller Calls Out Barr Over Presentation of Trump-Russia Report
Justice Department spokeswoman Kerri Kupec carefully framed the Special Counsel’s concern. She asserted that “the special counsel emphasized that nothing in the attorney general’s March 24 letter was inaccurate or misleading”, but said Mueller “expressed a frustration over the lack of context” in Barr’s presentation.
Officials said that, in the 15-minute phone call, Mueller — pressed by Barr — was careful to say that he did not think the March 24 memo to Congress was inaccurate. However, Mueller said he felt that the media coverage of the Attorney General’s presentation was a misinterpretation of the investigation.
Barr objected to Mueller calling the memo a “summary,” saying he had only wanted to provide an account of top conclusions. He refused the Special Counsel’s request to release the report’s introductions and executive summaries to clarify the matter.
Barr’s Spin
The summary of the Attorney General, who took up his post in February, presented the supposed findings over obstruction of justice:
The Special Counsel…did not draw a conclusion – one way or the other – as to whether the examined conduct constituted obstruction….The report sets out evidence on both sides of the question and leaves unresolved what the Special Counsel views as “difficult issues” of law and fact concerning whether the President’s actions and intent could be viewed as obstruction.
In fact, Mueller set out evidence — in eight of 10 cases examined — that Trump obstructed or attempted to obstruct justice. The report carefully delineates the obstruction, the “nexus” to an ongoing criminal investigation, and Trump’s intent.
The eight cases include:
*Trump’s request to FBI Director James Comey to halt the investigation of Trump campaign advisor and former National Security Advisor Michael Flynn
*His firing of Comey in May 2017
*His attempt to dismiss Mueller the following month, stymied only by the refusal of White House Counsel Don McGahn to carry out the instruction
*Trump’s subsequent command to McGahn to deny the episode
*His harassment of Attorney General Jeff Sessions to oversee and limit the investigation
*His intervention in the criminal cases of Flynn, former campaign manager Paul Manafort, and his former lawyer and fixer Michael Cohen
Barr also misrepresented the Mueller Report’s findings on possible collusion between Trump, Russia, and intermediaries such as WikiLeaks. This included publication of material, stolen by Russian military intelligence, seeking to damage Democratic Presidential nominee Hillary Clinton.
The Attorney General took a sentence out of full context to claim no conspiracy or coordination between Trump’s staff and Russian officials, and he inaccurately said the report had established “no collusion” — a headline that dominated coverage immediately after the report’s release before journalists read the 448 pages and its findings.
Covering for Trump
Mueller’s team revealed in early April, through former and current Government officials, that they had provided summaries for Barr to release to the public. But the Attorney General put them aside as he issued his four-page letter.
Mueller’s Team — Attorney General Covered for Trump Over Russia Report
Days later, Barr was asked by a Congressional committee if he knew of any objections by Mueller to his handling of the report. Either misspeaking or covering up, the Attorney General said no.
In a press conference 90 minutes before the release of the redacted Mueller Report on April 18, Barr shielded Trump by ruling out any criminal pursuit of obstruction. He said he disagreed with Mueller’s “legal theories” and asserted that, even if he accepted them, the findings were not substantial enough for prosecution. However, the Attorney General did not refer to any of the eight cases detailed in the report.
Mueller Report Analysis: Yes, There Was Collusion and Obstruction of Justice
Justice Department officials said Tuesday that they were unaware of Mueller’s concerns. They said they were taken aback by the tone of the letter and surprised that he had objections.
Deputy Attorney General Rod Rosenstein, who formally oversaw the inquiry until Barr stepped into his post, said less than three weeks ago, “[The Attorney General] is being as forthcoming as he can. And so this notion that he’s trying to mislead people, I think is just completely bizarre.”
Stakes Raised Before Congressional Hearings
Barr is scheduled to appear before a GOP-led Senate Judiciary Committee on Wednesday. He has balked at testifying on Thursday before the Democratic-led House Judiciary Committee, saying he will not take questions from Committee lawyers.
Judiciary Committee chairman Rep. Jerrold Nadler says he will issue a subpoena if Barr does not appear.
TrumpWatch, Day 829: Barr Threatens to Defy House Committee Over Mueller Report
Barr’s camp counter-attacked on Tuesday, through sources speaking to the media. They claimed the Attorney and senior Justice Department officials were frustrated with Mueller’s drafting of the report, specially declining to decide whether Trump broke the law.
In the report, Mueller explained that he would not recommend criminal prosecution of Trump because the Justice Department’s Office of Legal Counsel advised a sitting President could not be indicted.
The sources also complained that Mueller’s report read as if it had been written for Congress, and not as a confidential submission to Barr.
