“It doesn’t make any sense”: Mueller’s legal view stumps lawyers and frustrates senior Justice Department officials.
By Devlin Barrett and Devlin Barrett Reporter focusing on national security and law enforcement Email Bio Follow Matt Zapotosky Matt Zapotosky National security reporter covering the Justice Department Email Bio Follow April 20 at 7:00 AM For nearly two years, the public, Congress and the White House waited to learn if special counsel Robert S. Mueller III would find that President Trump had committed crimes.
That move surprised everyone, including Attorney General William P. Barr and his senior advisers, according to current and former Justice Department officials. When Mueller presented his findings without reaching a decision about the president, Barr reviewed the evidence and decided that Trump had not obstructed justice.
Mueller’s approach to the question of whether the president tried to obstruct justice has created tension inside the Justice Department, according to current and former officials. Privately, some senior officials at the Justice Department have been unhappy that Mueller did not reach a conclusion about whether Trump’s conduct rose to the level of a crime, said the officials, who like others spoke on the condition of anonymity because of ongoing sensitivity surrounding the probe.
“The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law,” Mueller’s team wrote. Mueller, Barr said Thursday, “did not indicate that his purpose was to leave the decision to Congress,” and added: “I hope that was not his view, since we don’t convene grand juries and conduct criminal investigations for that purpose.”
“He doesn’t set department policy. He has no say in that,” Ray said. “You got to be careful about playing God here. That’s one of the things about being independent counsel and investigating presidents. All you can do is your job.” After reviewing Mueller’s report privately last month, Barr announced that he and Rosenstein had concluded that the president did not violate the law. Some members of the special counsel team have been frustrated by Barr’s characterizations of their work, these officials said.
“The Attorney General has ultimate responsibility for all criminal investigations conducted by the Department. The very function of a federal prosecutor conducting a criminal investigation is to determine whether an offense has been committed, and if so, whether there is sufficient evidence to overcome the presumption of innocence that attaches to every person,” Barr wrote.
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