Attorney General William Barr’s brief report on “The Special Counsel’s report”:
“confidential report explaining the prosecution or declination…” is in parenthesis implying that either this paraphrasing of “Report on the Investigation into Russian Interference…” was offered by Mueller as a subtitle of the complete report, or that it is implicit as an interchangeable title. Is the Mueller report entirely about prosecutions and declinations?
I think the art-of-phrasing was intended to have us infer as much even though the regulations concerning Special Counsel’s report do indeed state: “He or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel,” they do not state that the special counsel shall report exclusively these items. Further, the original Special Counsel regulations stated that the counsel shall report to the US House of Representatives: “any substantial and credible information … that may constitute grounds for an impeachment.”
It’s likely this statement, “confidential report explaining the prosecution or declination…,” which is in lowercase, was cherry-picked out of the document as an improper label for the whole of the document, even if in substance the whole of the document could casually adhere to that heading. I feel confident that this document was written fully believing it would end up in the hands of the House one way or the other and therefore is a larger document than merely itemized prosecutions and declinations.
This would be the second quotation from the Mueller report. If in fact this report is intended for the House, then there is a rift between the phrase that Barr attributes to the statement, “…did not find..,” and Mueller’s actual statement, “…did not establish.” To “establish” within Mueller’s mandate would mean to be capable of “proving beyond a reasonable doubt.” He is using this word for Congress, pointing to facts that wrongdoing exist, just not in a case Muller could justify. To “not find” implies the matter was already figuratively adjudicated. Realizing there is an issue beyond the court system in the word, “establish,” implies the underlying behavior is meant for a nonjudicial review. The House would not be leading a criminal prosecution. This leads me to believe this document was crafted for Congress.
“…but ultimately determined not to make a traditional prosecutorial judgment,” followed by the third actual quote from Mueller’s report, “…while this report does not conclude that the President committed a crime, it also does not exonerate him.” In the following paragraph AG Barr inserts the opinion that clearly Mueller intended for Barr to decide on the matter if Trump committed obstruction of justice. We’ve already come to the understanding that Mueller himself believes it cannot be proven beyond a reasonable doubt, so why would he ask Barr to come to the same conclusion? No.
Mueller offered positions of guilt and innocence so that it may be determined if Trump’s actions are unbecoming of a president, not to conclude he should or shouldn’t be tried for obstruction. Mueller opted to not make a traditional judgment, not with the intent of leaving it to someone else to make a traditional judgment. Duh. This is meant for the House to examine.
It is clear that AG Barr has a very limited view of what information is pertinent for the public’s understanding, or more likely, what he wants us to understand. Barr has reduced this to that which only could possibly directly affect Donald Trump’s legal standing and inserted the ultimate decision that there is no case to be made against Donald Trump either by Mueller’s own words or the “just” decision that Barr himself has made. End of case, as far as Barr is concerned.
Barr goes on to describe how he shall eventually create a report suitable for public consumption after much redacting. He makes no mention of Congress and how a unredacted version could and should be submitted to a House committee…where it belongs.
No my friends, this report is meant for one of the committees in the House of Representatives. It needs to arrive in it’s whole state; complete in both style and content. Not only is it meant for the House, it is written in the words of Robert Mueller speaking to the House.