Teri Kanefield
+ Your AuthorsArchive @Teri_Kanefield Author, lawyer (UC Berkeley) My threads are here: terikanefield-blog.com/ NBC News Opinion contributor Impeachment notes: impeachment-trump.com/ Mar. 24, 2019 2 min read

(Thread) Here's the full text of Barr's summary.

From P. 2: "The investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities."

1/ P. 2: The SC determined two main Russian attempts to influence the election: To sow social discord, and computer hacking.

There are no sealed indictments.

SC referred several matters to other offices for further action.

As far as obstruction of justice . . .

2/ SC decided "not to make a traditional prosecutorial judgement" about obstruction and hence did not reach a decision. SC set out the evidence on both sides.

"While this report does not conclude that the President committed a crime, it also does not exonerate him."

3/ Rosenstein and other DOJ officials decided not to prosecute obstruction of justice after "applying the principles of federal prosecution that guide our charging decisions."

This was partly because evidence didn't establish that he committed an underlying crime related . . .

4/ . . to the Russian election interference (which goes to motive to obstruct).

Yes, this is Barr's summary.

Basically, what Barr is saying is that (in his view) there's isn't proof beyond a reasonable doubt.

SC declined to reach a conclusion.

5/ Yes, Apex, that's what he's saying.
As a matter of law, this is wrong.

As a practical matter, if indeed a Trump-Russia conspiracy can't be proven, Trump's defense would be that he wanted to shut it down because he knew he committed no crime . . .

6/ . . . this is not a legal defense. But it might work in the Court of Public Opinion.

I need to think about this, but my off-the-cuff comment is that SC specifically said he did not exonerate Trump.

That came from Barr. . .

7/ . . . this does not preclude Congress from stepping in, demanding to see the evidence, and reaching a different conclusion.

That's why we have more than one branch of government. It keeps the executive branch. . .

8/ . . . from exonerating the head of the executive branch.

Congress makes the decision about whether the president committed impeachable crimes.

I expect that the House will now demand the full report & evidence, conduct its own investigation, and reach its own conclusion.

You can follow @Teri_Kanefield.


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