If you remember after Mueller filed his report, he did not charge President Trump with obstruction. Instead, he left it up to AG Bill Barr.
Barr refused to charge the president and Democrats insisted that Barr was covering for Trump who they believed was guilty of obstruction whether he was or not.
They were certain that his memo contained a smoking gun. Most o0f that memo has been made public and there is nothing incriminating at all.
Mueller would have charged Trump with obstruction if he possibly could but there was absolutely no evidence that he had done so. But, alas there just wasn’t any evidence of such. Trump provided Mueller with every witness he requested and hundreds of thousands of pages of documents.
Nothing was held back. No Democrat has ever been so cooperative with any investigation. Once again the smoking gun turned out to be a fake hoax.
The Justice Department filing is likely to both fuel and frustrates Trump’s biggest critics, particularly Democrats who have long argued that Barr stage-managed an exoneration of Trump after Mueller submitted a 448-page report into his findings about his investigation into whether the 2016 Trump campaign conspired with Russia to interfere in the election, and whether Trump tried to obstruct that investigation.
The central document at issue is a March 2019 memo written by two senior Justice Department officials arguing that aside from important constitutional reasons not to accuse the president of a crime, the evidence gathered by Mueller did not rise to the level of a prosecutable case, even if Trump were not president.
Even if there are credibility issues arising from the way Barr and the DoJ described the decision process (and there are), there is nothing unethical or even unusual about consultations with the OLC on legal points and policies.
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Had Barr been consulting with Mueller all along without disclosing it, that might have been a problem for the credibility of Mueller’s report. This, however, appears to be in line with the OLC’s purpose — as an advisory board, not an independent watchdog. Like so many of the supposed gotchas in the Russia-collusion quest, this one winds up as nothing much more than a process issue.
No president has ever been investigated as thoroughly as Trump but his enemies have failed at every turn.
The Biden administration has appealed crooked judge Amy Berman’s decision to release the entire memo. That must mean it was incredibly exculpatory.