Mueller reportedly wants Congress to decide if Trump obstructed justice


Special Counsel Robert Mueller's final report, as summarized by Attorney General Robert Barr, lays down "one proposition unambiguously: The special counsel's office did not believe that it could reasonably prove in court that any Trump campaign member or affiliate committed a crime in assisting the Russian government with its efforts," Lawfare writes. "It means there is no smoking gun. ... That's good news, in general, and it's good news for President Trump."
But Mueller explicitly did not exonerate Trump on obstruction of justice. Barr wrote that he and Deputy Attorney General Rod Rosenstein had determined Mueller's evidence "is not sufficient to establish the president committed an obstruction-of-justice offense," but "a source with direct knowledge of the investigation told The Daily Beast that it was their interpretation that 'Mueller was making a case to Congress, who (unlike DOJ, in Mueller's view) is empowered to weigh the lawfulness of a president's conduct.'"
Barr's letter "leaves the distinct sense that Mueller's detailed accounting of the president's potential acts of obstruction is significant," and "that may well be the point," Lawfare agrees. An obvious reason Mueller, "being barred from indicting the president," would lay out an extensive case for and against criminal obstruction but not give his prosecutorial opinion is that he's "teed up the question of presidential obstruction for evaluation by a different actor — to wit, by Congress."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Barr's letter actually "seems to suggest that Trump may have done impeachment-worthy things, but not prosecution-related things," Marcy Wheeler argues at Emptywheel. "Mueller found that no Trump flunkie took part in either of the two main Russian interference attempts," and "Barr and Rod Rosenstein, together, decided because Trump did not take part in those two interference attempts, he could be not charged with obstruction," regardless of whether he "was trying to cover up some other crime, like a quid pro quo, which would still merit prosecution." House Democrats should focus on that, Wheeler suggests.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Violent videos of Charlie Kirk’s death are renewing debate over online censorship
Talking Points Social media ‘promises unfiltered access, but without guarantees of truth and without protection from harm’
-
What led to Poland invoking NATO’s Article 4 and where could it lead?
TODAY'S BIG QUESTION After a Russian drone blitz, Warsaw’s rare move to invoke the important NATO statute has potentially moved Europe closer to continent-wide warfare
-
Africa could become the next frontier for space programs
The Explainer China and the US are both working on space applications for Africa
-
House posts lewd Epstein note attributed to Trump
Speed Read The estate of Jeffrey Epstein turned over the infamous 2003 birthday note from President Donald Trump
-
Supreme Court allows 'roving' race-tied ICE raids
Speed Read The court paused a federal judge's order barring agents from detaining suspected undocumented immigrants in LA based on race
-
South Korea to fetch workers detained in Georgia raid
Speed Read More than 300 South Korean workers detained in an immigration raid at a Hyundai plant will be released
-
DC sues Trump to end Guard 'occupation'
Speed Read D.C. Attorney General Brian Schwalb argues that the unsolicited military presence violates the law
-
RFK Jr. faces bipartisan heat in Senate hearing
Speed Read The health secretary defended his leadership amid CDC turmoil and deflected questions about the restricted availability of vaccines
-
White House defends boat strike as legal doubts mount
Speed Read Experts say there was no legal justification for killing 11 alleged drug-traffickers
-
Epstein accusers urge full file release, hint at own list
speed read A rally was organized by Reps. Ro Khanna and Thomas Massie, who are hoping to force a vote on their Epstein Files Transparency Act
-
Court hands Harvard a win in Trump funding battle
Speed Read The Trump administration was ordered to restore Harvard's $2 billion in research grants