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Resistance
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Title: Trump would have been charged with obstruction were he not president, hundreds of former federal prosecutors assert
Source: [None]
URL Source: https://www.msn.com/en-us/news/poli ... ert/ar-AAAZ3J6?ocid=spartanntp
Published: May 6, 2019
Author: Matt Zapotosky
Post Date: 2019-05-06 16:47:53 by BTP Holdings
Keywords: None
Views: 163
Comments: 16

Trump would have been charged with obstruction were he not president, hundreds of former federal prosecutors assert

Matt Zapotosky 1 hr ago

More than 370 former federal prosecutors who worked in Republican and Democratic administrations have signed on to a statement asserting special counsel Robert S. Mueller III’s findings would have produced obstruction charges against President Trump — if not for the office he held.

The statement — signed by myriad former career government employees as well as high-profile political appointees — offers a rebuttal to Attorney General William P. Barr’s determination that the evidence Mueller uncovered was “not sufficient” to establish that Trump committed a crime.

Mueller had declined to say one way or the other whether Trump should have been charged, citing a Justice Department legal opinion that sitting presidents cannot be indicted, as well as concerns about the fairness of accusing someone for whom there can be no court proceeding.

“Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice,” the former federal prosecutors wrote.

“We emphasize that these are not matters of close professional judgment,” they added. “Of course, there are potential defenses or arguments that could be raised in response to an indictment of the nature we describe here. . . . But, to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice — the standard set out in Principles of Federal Prosecution — runs counter to logic and our experience.”

The statement is notable for the number of people who signed it — 375 as of Monday afternoon — and the positions and political affiliations of some on the list. It was posted online Monday afternoon; those signing it did not explicitly address what, if anything, they hope might happen next.

© From left: Charles Dharapak; Jabin Botsford; Bill O'Leary/AP; The Washington Post In this compilation: Robert Mueller, President Trump and William Barr. (AP Photo/Charles Dharapak, Jabin Botsford/The Washington Post, Bill O'Leary/The Washington Post)

Among the high-profile signers are Bill Weld, a former U.S. attorney and Justice Department official in the Reagan administration who is running against Trump as a Republican; Donald Ayer, a former deputy attorney general in the George H.W. Bush Administration; John S. Martin, a former U.S. attorney and federal judge appointed to his posts by two Republican presidents; Paul Rosenzweig, who served as senior counsel to independent counsel Kenneth W. Starr; and Jeffrey Harris, who worked as the principal assistant to Rudolph W. Giuliani when he was at the Justice Department in the Reagan administration.

The list also includes more than 20 former U.S. attorneys and more than 100 people with at least 20 years of service at the Justice Department — most of them former career officials. The signers worked in every presidential administration since that of Dwight D. Eisenhower.

The signatures were collected by the nonprofit group Protect Democracy, which counts Justice Department alumni among its staff and was contacted about the statement last week by a group of former federal prosecutors, said Justin Vail, an attorney at Protect Democracy.

“We strongly believe that Americans deserve to hear from the men and women who spent their careers weighing evidence and making decisions about whether it was sufficient to justify prosecution, so we agreed to send out a call for signatories,” Vail said. “The response was overwhelming. This effort reflects the voices of former prosecutors who have served at DOJ and signed the statement.”

Weld said by the time he reviewed the statement, it already had more than 100 signatures, and he affixed his name because he had concluded the evidence “goes well beyond what is required to support criminal charges of obstruction of justice.”

“I hope the letter will be persuasive evidence that Attorney General Barr’s apparent legal theory is incorrect,” he said.

A spokesman for the special counsel’s office declined to comment. A spokeswoman for the Justice Department referred a reporter to Barr’s previous public statements on the subject.

Many legal analysts have wondered since Mueller’s report was released whether the special counsel believed he had sufficient evidence to charge Trump and was just unwilling to say it out loud.

By the report’s account, Trump — after learning he was being investigated for obstruction — told his White House counsel to have Mueller removed. And when that did not work, according to Mueller’s report, Trump tried to have a message passed to then-Attorney General Jeff Sessions to limit the scope of Mueller’s authority. Of that episode, Mueller’s team wrote there was “substantial evidence” to indicate Trump was trying to “prevent further investigative scrutiny” of himself and his campaign.

“All of this conduct — trying to control and impede the investigation against the President by leveraging his authority over others — is similar to conduct we have seen charged against other public officials and people in powerful positions,” the former federal prosecutors wrote in their letter.

They wrote that prosecuting such cases was “critical because unchecked obstruction — which allows intentional interference with criminal investigations to go unpunished — puts our whole system of justice at risk.”

Mueller’s team, though, wrote that it decided not to make a “traditional prosecutorial judgment” in part because of the Justice Department opinion on not indicting sitting presidents and because the evidence obtained “presents difficult issues that would need to be resolved” if they were to do so.

“At the same time, if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state,” Mueller’s team wrote.

After receiving Mueller’s report, Barr said he and Deputy Attorney General Rod J. Rosenstein reviewed the case themselves and determined the evidence was not there. He offered a robust defense of that decision at a recent congressional hearing, detailing for lawmakers possible defenses Trump could have raised in each episode.

“The government has to prove things beyond a reasonable doubt,” Barr said. “And, as the report shows, there’s ample evidence on the other side of the ledger that would prevent the government from establishing that.”

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Begin Trace Mode for Comment # 4.

#1. To: BTP Holdings (#0)

ghostdogtxn  posted on  2019-05-06   17:06:59 ET  Reply   Untrace   Trace   Private Reply  


#4. To: ghostdogtxn, all (#1)

The fact that all of these former US attorneys would have indicted a person for obstructing the investigation of a crime they were factually innocent of should concern you more than anthing Trump did. It is the kind of elevation of form over substance that typifies US attorneys.

I am very concerned about what Trump has done, or failed to do. So far he has not tampered with any witnesses or tried to bug or burglarize the opposition.

However, Obama caused Trump's campaign headquarters to be bugged.

This travesty is known as #Spygate and if it breaks wide open it is possible Obama could be impeached after he has left office. I doubt this would happen since the Dims control the House now. But if it did and the Senate convicted him, he would lose his Presidential pension.

Take the Watergate break-ins to heart on that. Nixon was on the verge of being impeached so he resigned. And since Spiro Agnew had resigned because of his legal snafu's the ball fell to Gerald Ford.

I knew a Bird Colonel in the Pentagon who was vying to be the world's leading arms merchant. After the 2nd attempt on Ford's life, Ford said, "It is getting so the President can no longer walk among the people", the Colonel retired to his farm in Virginia and began looking into what was going on. His first book on the subject was titled, Barbarians Inside the Gates. You might be able to find it for sale online. I have not looked lately. But I still have a couple of copies here with me that I did not sell. I also have his 4th book, The Black Widow's Bite Bush-Clinton-Cheney Crime Cult's Chaotic Crisis and it lists for $150 on the AFP Bookstore website. I have 4 copies. Anyone interested may send me a PM. ;)

BTP Holdings  posted on  2019-05-06   18:17:04 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 4.

#6. To: BTP Holdings (#4)

I doubt this would happen since the Dims control the House now. But if it did and the Senate convicted him, he would lose his Presidential pension.

Keep in mind that Obama holds the prestige of being the first black president of the United States. Therefore, a vote to impeach or punish Obama would be conisidered racist. So politically, it would be very difficult for that to happen.

Pinguinite  posted on  2019-05-06 22:17:05 ET  Reply   Untrace   Trace   Private Reply  


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