March 25, 2019

THE TIGHTENING NOOSE:

What Does the Barr Letter Actually Say About Collusion? (Robert Litt, March 25, 2019, LawFare)

First, as quoted by Barr, Mueller used the words "conspired" and "coordinated." Unlike the colloquial term "colluded," these terms have legal significance. "Coordination" with a foreign government would be a basis for a finding of criminal liability under the election laws, and "conspiracy" would be a criminal agreement to violate those laws. This language suggests that Mueller's report viewed the conduct through the lens of a criminal investigative process--that is, whether the evidence met the Department of Justice standards for prosecution, including the ability to prove beyond a reasonable doubt that there was intent to violate the law. [...]

Barr's letter to Congress makes clear that there was substantial evidence supporting the possibility that the president obstructed justice--enough that Mueller did not feel he could draw a conclusion--but that Barr nonetheless concluded that prosecution was not warranted. By using the same language that Mueller used with respect to "establishing" coordination with Russia, Barr's letter suggests the possibility that, rather than "no evidence" of collusion, Mueller did find such evidence--but similarly did not conclude it warranted a criminal prosecution. 

Given that DOJ guidelines forbid charging a sitting president, the report is an impeachment document, not an indictment.

Posted by at March 25, 2019 4:54 PM

  

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