Making Sense of Barr, Rosenstein, and Mueller

Donald Trump and his campaign will not be charged with conspiracy to collude with Russia to interfere in our 2016 Election. While the Mueller report makes no final recommendation on charging Trump with obstructing justice, Attorney General Barr will not charge him. Mueller and the Department of Justice have found that Russia did interfere in our election.

Those are the official legal findings as the Mueller investigation ends.

In pure legal terms, Mueller does not believe there was a legal conspiracy between Trump or his campaign, defined as a two-sided agreement, to interfere in our last election. He is not saying Russia didn’t interfere at all. He is rather saying the Trump campaign and candidate weren’t a part of that interference. This may seem odd, since Don Jr. met with Russians about Hillary dirt, and Paul Manafort shared polling data with Russians. Mueller seems to be saying neither had any actual part in the Russian interference though. Perhaps because they were inept, or perhaps because Russia never wanted their help, but they seem to be but a footnote in what he alleges happened.

There is the question of obstruction, which remains more murky and incomplete than it may seem right now. Mueller did not charge Donald Trump or exonerate him on this question, in part because Trump used legitimate Presidential powers to seemingly stonewall the investigation, as well as vague and not-so-vague attacks to intimidate witnesses. With the question left to Barr, who is both a believer in executive power and an appointee of the President. He was never going to charge him, if left with an open question. That’s not the end of the story though.

I tend to believe in and accept Bob Mueller’s findings. With that said, there are still some important questions. Why did Trump associates keep lying about Russia? Did Russian interference determine the outcome in 2016? Did finding out about Russian interference later change Trump’s behavior or policies towards Russia? These aren’t all Mueller’s questions to answer, but they still remain today.

A lot of people on the left seem despondent, and even willing to engage in crazy conspiracy theories over this. It’s important to understand that those conspiracy theories aren’t grounded in any reality. After indicting 37 people, Bob Mueller is certainly not going to cover for anyone. Rod Rosenstein put him in place and supervised him, and doesn’t seem to be a figure who would cover for the Administration. While there are questions about Attorney General Barr, it’s worth noting the obvious here- Congress can subpoena all of these men. Mueller can talk about his report. Barr won’t be afforded cover to lie to Congress. Neither would Rosenstein. The room for anybody to be lying right now is non-existent. The potential exposure is too great.

Which all leads back to where this began- Mueller was never going to indict Trump, nor would Trump’s Department of Justice allow it. The only body with legal oversight of the President’s activities is the Congress. The House Judiciary Committee should call all of these men in to testify about their findings. Mueller can tell us what he found in the first person. I suspect the real question here will be on the judgment of Mueller to not recommend either way on obstruction of justice, and of Barr to say he will not charge the President for it. If the House reaches a different conclusion, after hearing the evidence, then they should act. Even if crimes were found, that committee would have been charged with deciding this then.

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