WTF Just Happened Today

Monday, May 6, 2019

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1/ More than 370 former federal prosecutors asserted that Trump would have been charged with obstruction of justice if he was not president. Robert Mueller declined to exonerate Trump in his report, citing a Justice Department legal opinion that a sitting president cannot be indicted. The former career government employees who worked in Republican and Democratic administrations signed on to a statement saying, "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." (Washington Post)

• [READ] The statement by former federal prosecutors. (Medium)

• ???? Day 819: Mueller's office chose not to charge Trump with obstruction out of "fairness concerns," because "we recognized that a federal criminal accusation against a sitting President would place burdens on the President's capacity to govern and potentially preempt constitutional process for addressing presidential misconduct." According to the report, Mueller considered Trump's written answers "inadequate," but knew a subpoena would impose "substantial delay" and they believed they had "sufficient evidence to understand relevant events and to make certain assessments without the President's testimony." Trump stated more than 30 times in his written answers that he "does not 'recall' or 'remember' or have an 'independent recollection'" of information investigators asked about. Mueller, citing numerous legal constraints in his report, declined to exonerate Trump, writing: "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. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment." (NBC News / Washington Post / New York Times / Politico / Wall Street Journal)

2/ Trump: "Bob Mueller should not testify." On Friday, Trump said he'd leave the decision on whether Mueller should testify "up to our attorney general," William Barr, who had earlier last week said he had no objection to Mueller testifying. Trump's reversal came hours after the House Judiciary Committee formally invited Mueller to testify on May 15th. The date has not yet been confirmed. (Washington Post / New York Times /