Opinion: Three puzzling aspects of Barr’s summary of the Mueller report
Pages from Attorney General William P. Barr's letter to congressional leaders on the conclusions of special counsel Robert S. Mueller III's report on Russian meddling in the 2016 election. By Harry Litman Harry Litman Contributing columnist focused on legal issues Bio Follow Contributing columnist March 25 at 8:42 AM Attorney General William P. Barr’s letter Sunday to congressional leaders is designed to provide the “principal conclusions” of special counsel Robert S.
So Question No. 1: Why did Mueller, whose charges as a prosecutor include making precisely these sorts of judgments and bringing them to a federal grand jury, decline to do so in this case? Obviously, he was able to reach decisions with respect to the 37 individuals or companies that he charged over the course of his investigation.
That raises the second critical question: Did Mueller ask Barr to step in? Or is Barr simply asserting a general power to reach conclusions for the Justice Department that Mueller thought he himself couldn’t or shouldn’t? While in some bureaucratic sense, the attorney general, as head of the Justice Department, bears responsibility for all of the department’s decisions, I am unaware of a single instance in my years in the Justice Department in which a final prosecutorial decision was left to...
The final unanswered question, and perhaps the most consequential: What was the nature of the analysis that Barr and Rosenstein applied in deciding that Mueller’s evidence was not sufficient to establish that the president committed obstruction? The consensus of many scholars and commentators, based just on the publicly available evidence, has been that the case for obstruction was strong.
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