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Mueller Objects to Barr’s Summary of Report, Says It Created “Public Confusion”

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2 years ago

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  • A newly released letter sent by Special Counsel Robert Mueller to Attorney General William Barr revealed Mueller’s objections to the four-page summary of the report that Barr sent to Congress.
  • In the letter, Mueller argues that Barr did not “capture the context” of his investigation, and created “public confusion.”
  • Mueller’s letter echoes the broader debate about whether or not Barr provided enough context in his description of the report, specifically regarding obstruction of justice and the role of Congress.

Mueller’s Letter to Barr

In a letter to Attorney General William Barr, Special Counsel Robert Mueller expressed concern that Barr’s summary of the report’s conclusion did not accurately capture Mueller’s work and created public confusion about the results of his investigation.

The letter was sent on March 27, three days after Barr sent his four-page summary to Congress, but it was not released to the public until Wednesday when Barr testified before the Senate Judiciary Committee.

In the summary, given to Congress nearly a month before the report was released to the public, Barr wrote that Mueller did not find that Donald Trump or anyone in his campaign conspired with Russian officials to interfere in the election.

Barr also stated that Mueller did not reach a conclusion as to whether or not Trump obstructed justice, leaving it to Barr to decide if obstruction happened. Barr concluded it did not amount to obstruction because he believed there was not enough evidence.

“The summary letter the Department sent to Congress and released to the public late in the afternoon of March 24 did not fully capture the context, nature, and substance of this office’s work and conclusions,” Mueller wrote in his letter to Barr.

“There is now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations.”

Mueller also said in the letter that he sent Barr a redacted version of the introductions and executive summaries for both volumes of his report. The first volume detailed Russian interference and the second looked at possible obstruction of justice. Mueller argued that while Barr was reviewing the full report, he should still release the already redacted introductions and summaries

“Release at this time would alleviate the misunderstandings that have arisen and would answer congressional and public questions about the nature and outcome of our investigation,” Mueller wrote.

Phone Call & Barr’s Response

The day after Mueller sent the letter, he and Barr spoke on the phone regarding the situation.

“The Special Counsel emphasized that nothing in the Attorney General’s March 24 letter was inaccurate or misleading,” said Justice Department spokesperson Kerri Kupec in a statement. “But, he expressed frustration over the lack of context and the resulting media coverage regarding the Special Counsel’s obstruction analysis.”

Kupec also said that Barr and Mueller talked about releasing the introductions and executive summaries, but Barr “Ultimately determined that it would not be productive to release the report in piecemeal fashion.”

The next day Barr, sent a letter to Congress reiterating that his initial letter was not intended to be a summary of the report, and only stated Mueller’s main conclusions.

In other words, Mueller’s argument is not that Barr lied, but that he created a narrative that did not provide enough context on the obstruction debate. The narrative was then spread around by the media for almost a month before the public saw the report.

Now that the report is available to the public, we can compare and contrast what Barr has said to the findings in the report, and unpack some of the statements Barr has made that could use some more context, per Mueller’s letter.

Russian Interference

As noted above, the first section of the report investigated Russian interference in the election.

Barr gave a press conference before the report was released, during which he repeated many of the things that he said in the four-page summary. He said the report had not proven that the president obstructed justice and that there was no evidence of collusion.

He also defended the fact that he had gone farther than the report did and cleared Trump of obstruction.

This statement is true. Mueller’s report did conclude that Trump and his campaign did not conspire with Russia.

However, Mueller had a more nuanced take on the subject than just “no collusion.”  This is partly because collusion is not a legal term, and the actual charge is conspiracy, which Mueller did not find enough evidence of to prosecute.

When you look at the full context of the section on the Trump campaign’s ties to Russia, it says:

“The investigation also identified numerous links between the Russian government and the Trump Campaign. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts.”

The investigation additionally looked into the hacking of the DNC and the release of the hacked information through Wikileaks and said that Trump asked those close to him to find Clinton’s deleted emails.

“After candidate Trump stated on July 27, 2016, that he hoped Russia would ‘find the 30,000 emails that are missing,’ Trump asked individuals affiliated with his Campaign to find the deleted Clinton emails,” the report stated.

Mueller also studied connections between people close to Trump and their ties to Russia, including a detailed rundown of the Trump Tower meeting. Again, ultimately the investigators could not find enough evidence to back up a conspiracy charge.

Obstruction of Justice

The second part of the report focused on whether or not certain actions taken by the President towards the Russia Investigation can be considered obstruction of justice.

Barr has said that the report did not come to a conclusion and so he took it upon himself to clear the President.  In his four-page summary, Barr included this quote from the Mueller report: “While this report does not conclude that the President committed a crime, it also does not exonerate him.”

However, Barr did not provide the full context of this quote. In the Mueller report, the full excerpt states:

“The evidence we obtained about the president’s actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment. 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. Based on the facts and the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the president committed a crime, it also does not exonerate him.”

In other words, Mueller is essentially saying that if he could say with full confidence that Trump did not commit obstruction of justice, he would.

The report lays out multiple instances that could have been obstruction of justice, all of which were accounted to Mueller by sources involved including former Director of the FBI James Comey, Attorney General Jeff Sessions, former White House Counsel Don McGahn, and others. These instances included:

  • Trump trying to get Comey to drop the investigation, which he did not.
  • Trump trying to get Sessions to reverse his recusal and get him back on the Russia Investigation, which Sessions did not do.
  • Trump firing Comey.
  • Trump directing McGahn to fire Mueller, who instead chose to resign.
  • Trump trying to prevent the disclosure of Donald Trump Jr.’s involvement in the Trump Tower meeting.
  • Trump and his team urging people not to “flip” for the investigation.

In every instance, Mueller avoids coming to a conclusion on whether an action is or is not obstruction of justice.

Role of Congress

Barr said multiple times that because Mueller did not reach a conclusion, it was up to Barr himself to decide if Trump committed obstruction of justice.

During his press conference prior to the release of the report, Barr was asked if Mueller intended for Congress, rather than the attorney general, to determine if Trump had obstructed justice.

“Special Counsel Mueller did not indicate that his purpose was to leave the decision to Congress,” Barr told reporters in response.

This is not true. In fact, Mueller explicitly outlines legal and constitutional arguments explaining that the power to decide whether or not Trump obstructed justice is left to Congress. The report states that this decision is not the job of either the special counsel or Attorney General Barr.

Mueller makes two key arguments here to back up this claim.

First, he points out that Congress has the ability to apply obstruction laws to sitting president under the constitutional system of checks and balances.

The special counsel dives into this a little more, writing, “We concluded that Congress has authority to prohibit a President’s corrupt use of his authority in order to protect the integrity of the administration of justice.”

The second argument Mueller makes is that “the Constitution does not categorically and permanently immunize a President for obstructing justice.”  He combines these arguments to say that giving the president immunity “would seriously impair Congress’s power to enact laws.”

What Mueller is saying here is that it would, in fact, be constitutional to apply obstruction laws to Trump if Congress were to find that he did obstruct justice.

This claim is a direct repudiation of Barr, who has repeatedly argued both during his time as Attorney General and before his appointment that the Mueller investigation was overstepping and that Trump could not be charged with obstruction of justice.

However, Mueller’s findings mean that Barr does not have the authority to make this decision, but Congress does.

On Tuesday night, Barr’s prepared testimony for his appearance in the Senate Judiciary Committee was released to the public. In the testimony, Barr defends his decision to conclude that there was no obstruction.

“The prosecutorial judgment whether a crime has been established is an integral part of the Department’s criminal process,” Barr wrote, continuing later, “It would not have been appropriate for me simply to release Volume II of the report without making a prosecutorial judgment.”

See what others are saying: (The Washington Post) (CNN) (Fox News)

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House Panel Approves Commission To Study Reparations

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3 hours ago

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April 15, 2021

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  • In a 25 to 17 vote along party lines, the House Judiciary Committee approved legislation Wednesday that would establish a commission to study slavery reparations for Black Americans.
  • Republicans objected to the plan, arguing that it will cost too much money and that it is unfair to make all American taxpayers responsible for the consequences of slavery.
  • Democrats pushed back, claiming the modern oppression of Black people still holds roots in slavery, and noting that the bill just creates a commission to study reparations, not implement them.
  • While the proposal faces steep odds in the Senate, Wednesday’s historic vote will move the measure to the House floor for a full vote for the first time since it was introduced over three decades ago. 

Reparation Commission Achieves First Approval

The House Judiciary Committee voted for the first time on Wednesday to advance a bill that will create a commission to consider paying slavery reparations for Black Americans.

The legislation was first proposed over 30 years ago, and if signed into law, it would create a 13-member commission that would study the effects of slavery and racial discrimination in the U.S. and then give Congress a recommendation for “appropriate remedies” to best compensate Black Americans.

The measure passed the committee 25 to 17 along party lines, as expected, with objections from Republicans, who claimed reparations will cost too much and that they are unfair to Americans who have no history of enslavers in their families.

Democrats pushed back against those assertions, arguing that the federal government does have enough money to take some kind of action. They also noted that the commission will not actually implement any reparations, but rather just look into the options and then make a non-binding recommendation.

There are a lot of different ideas for what reparations could look like. While some support direct cash payments of various sizes, others have argued there are different proposals that might be more realistic to put into law, like no-interest loans for Black homeowners or free college tuition.

“I ask my friends on the other side of the aisle, do not cancel us tonight. Do not ignore the pain, the history and the reasonableness of this commission,” Rep. Sheila Jackson Lee (D-Tx.), the lead sponsor of the bill, said Wednesday.

Others also condemned the argument that some Americans, particularly those whose ancestors did not directly benefit from owning slaves, should not bear responsibility. They said that this line of thinking ignores both generational wealth, which vastly benefits white Americans over all others, as well as how Black Americans are hurt by modern-day discrimination and oppression that has roots in slavery.

“Slavery was indeed ended 150 years ago but racism never took a day off and is alive and well in America,” Rep. Hank Johnson (D-Ga.) said in committee Wednesday. 

“You can ask the family members of Daunte Wright, Breonna Taylor, Ahmaud Arbery or George Floyd. Black folks in this country cannot keep living and dying like this. But we’ll be forced to do so if White folks in America continue to refuse to look back at history.”

Uphill Battle

While many have described the legislation as a flexible first step, any further congressional action will almost certainly be an uphill battle. The committee vote is just the very first step: the proposal still has to go to a vote by the full House, where it is unclear if it will even garner enough support among the House Democrats’ slim majority. 

If it were to pass the lower chamber, the bill faces almost insurmountable odds in the 50-50 split Senate, where ten Republicans would have to join all Democrats to break the legislative filibuster.

House Majority Leader Steny Hoyer (D-Md.) has said that he will start considering when to schedule the vote, though it is unlikely to be considered soon. Hoyer also urged President Joe Biden to use his executive power to create the commission if the legislation fails.

The White House has said that Biden supports the commission, but administration officials have not confirmed whether he would act unilaterally on the subject.

See what others are saying: (The Washington Post) (USA Today) (Vox)

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Biden To Pull All U.S. Troops From Afghanistan by Sept. 11

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1 day ago

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April 14, 2021

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  • President Biden declared Wednesday that he will pull all U.S. troops out of Afghanistan by Sept. 11, which also marks the 20th anniversary of the 9/11 attacks.
  • The Afghanistan war is the longest war the U.S. has ever been in. It has resulted in the deaths of 2,400 American troops, injured and killed almost 100,000 civilians, and cost about $2 trillion.
  • Some praised the decision as a key step to address seemingly endless wars and promote diplomacy.
  • Many experts and defense officials, however, have warned the withdrawal could undermine American goals in the region and embolden the Taliban, which is currently the strongest it has been since the U.S. invasion removed the group from power in 2001.

Biden Announces Troop Removal Amid Growing Violence

President Joe Biden announced Wednesday that he will withdraw all American troops from Afghanistan by Sept. 11, the 20th anniversary of the 9/11 terror attacks that drew the U.S. into its longest war in history.

“We went to Afghanistan because of a horrific attack that happened 20 years ago. That cannot explain why we should remain there in 2021,” Biden said in an afternoon speech. “It’s time to end America’s longest war. It’s time for America’s troops to come home.’’

The decision comes as Biden nears the May 1 deadline set under a February 2020 peace deal by the administration of former President Donald Trump to bring the troops home from the war, which has killed nearly 2,400 troops, injured and killed nearly 100,000 civilians, and cost about $2 trillion.

Biden had previously said that it would be hard to meet the date after taking office, but even with the extended timeline, many experts and defense officials have warned against the move.

The U.S. first entered the war to oust the Taliban government, which was harboring al-Qaeda militants involved in planning the 9/11 attacks. The Taliban was removed within months, but the group still had support in parts of the country and steadily regained territory and strength.

Now, almost two decades later, the group is the strongest it has been since the 2001 invasion, and according to reports, controls or has influence over half the country. The situation has also escalated in the months after Trump, during his last week in office, reduced the official number of troops in Afghanistan to 2,500, which is the lowest level since 2001.

As the U.S. has scaled down its operations, the Taliban has taken control of major highways and tried to cut off cities and towns in surges that have exhausted Afghan security forces. Violence has also ramped up in recent months.

According to a U.N. report released Wednesday, nearly 1,800 civilians were killed or wounded in the first three months of the year, a nearly 30% increase from the same period last year.

Notably, U.S. intelligence agencies have said that they do not believe Al Qaeda or other terrorist organizations present an immediate threat to strike the U.S. from Afghanistan, an assessment that reportedly played a big role in Biden’s decision to withdraw U.S. forces.

However, many experts are more concerned about how the move will impact Afghanistan and its citizens. 

Concerns Over Withdrawal

The Pentagon has warned against removing American troops from the region until Afghan security forces can effectively fight back against the Taliban.

As a result, critics of the plan have argued that withdrawal will leave the forces  — which have limited capacities and until now have been funded and trained by the U.S. — entirely in the dust

Beyond that, many also worry that the move could undermine the entire goal of the 2001 invasion by empowering al-Qaeda operates that remains in the country and who could become emboldened once the U.S. troops left.

Some experts and Afghan politicians have said that withdrawing from the country without a solid peace deal in place could end in concentrating more power in the hands of the Taliban. After a long delay following the U.S. agreement in February of last year, peace talks between the Afghan government and the Taliban finally started up in September.

But those talks have since stalled, partly due to Biden’s win and the anticipation of a possible change in policy under the new administration.

While other countries have recently made moves to restart the talks, and there are a number of possible options on the table, nothing is set in stone. American commanders, who have long said a peace deal with the Taliban is the best security measure for the U.S., have argued that the U.S. will need to use the promise of withdrawing their forces as a condition for a good deal.

Now, the U.S. has taken a major bargaining chip off the table, causing concerns that if a deal is struck, the already weakened Afghan government will make key concessions to the Taliban. Many Afghan citizens who oppose the Taliban worry that if the group secures a role in a power-sharing agreement, it could eventually take over the government and re-impose the harsh rule it imposed before the U.S. removed it in 2001. The leadership was particularly tough on women, who were largely barred from public life.

Politicians Respond

Biden’s decision has sparked a divided front from both political parities, though Republicans have largely remained united against the move.

“It is insane to withdraw at this time given the conditions that exist on the ground in Afghanistan,” Sen. Lindsey Graham (R-S.C.) said Tuesday. “A full withdrawal from Afghanistan is dumber than dirt and devilishly dangerous. President Biden will have, in essence, canceled an insurance policy against another 9/11.”

Many Democrats, however, have argued that U.S. presence in the region is not helping the U.S. achieve its foreign policy goals, and that if withdrawal is based on conditional approaches, the troops will never be able to leave. 

Others have also applauded the plan as a careful solution and will still emphasize diplomatic efforts in the region while simultaneously removing the U.S. from a highly unpopular and expensive war.

“The President doesn’t want endless wars. I don’t want endless wars. And neither do the American people. ” Sen. Chuck Schumer (D-N.Y.) said Wednesday. “It’s refreshing to have a thought-out plan with a set timetable instead of the President waking up one morning getting out of bed, saying what just pops into his head and then having the generals having walked it back.”

In a series of tweets Wednesday, Afghanistan’s president, Ashraf Ghani, said had spoken to Biden, and emphasized that the two nations would continue to work together.

“’Afghanistan’s proud security and defense forces are fully capable of defending its people and country, which they have been doing all along,” he wrote.

The Taliban, for its part, has focused more on the fact that the initial timeline had been delayed.

“We are not agreeing with delay after May 1,” a spokesperson said on television Tuesday. “Any delay after May 1 is not acceptable for us.”

It is currently unclear how that stance might affect the situation, especially when it comes to peace deal negotiations.

See what others are saying: (The New York Times) (The Washington Post) (TIME)

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Matt Gaetz Reportedly Venmo’d Accused Sex Trafficker, Who Then Sent Money To Teen

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6 days ago

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April 9, 2021

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  • A report published by The Daily Beast Thursday alleges that Rep. Matt Gaetz (R-Fl.) sent $900 through Venmo to accused sex trafficker Joel Greenberg, who then used the funds to pay three young women, including one teenager.
  • Gaetz is currently under federal investigation as part of a broader inquiry into Greenberg, a former politician who has been charged with 33 counts, including sex trafficking an underage girl.
  • Investigators are reportedly looking into the involvement of politicians with women who were recruited online for sex and paid in cash, as well as whether Gaetz had sex with a 17-year-old girl and violated sex trafficking laws by paying for her to travel with him.
  • Greenberg’s lawyer did not comment on the new allegations but said Thursday his client would soon enter a plea deal and implied that Greenberg would testify as a witness against Gaetz. Meanwhile, Gaetz has accused The Daily Beast of spreading “rumors, gossip and self-serving misstatements.”

Gaetz’s Alleged Venmo Payments 

Rep. Matt Gaetz (R-Fl.) allegedly sent money via Venmo to accused sex trafficker Joel Greenberg, who then used the money to pay three young women, including at least one teenage girl, according to a new report from The Daily Beast.

Greenberg, a former local Flordia politician and an associate of Gaetz, was indicted last summer on 33 counts, including sex trafficking a 17-year-old girl. He initially pleaded not guilty to the charges, but his lawyers said in court Thursday that he would plead guilty as part of a plea deal.

Legal experts say the move almost certainly indicates that Greenberg plans to cooperate as a witness against Gaetz, who is currently under investigation by the Justice Department as part of a broader probe into Greenberg.

According to The New York Times, among other things, the DOJ inquiry is looking into their involvement with multiple women who were recruited online for sex and paid cash, as well as whether Gaetz had a sexual relationship with a 17-year-old girl and paid for her to travel with him in violation of sex trafficking laws.

Investigators reportedly believe that Greenberg met the women through a website for people willing to go on dates in exchange for gifts and money, and then arranged for them to meet with himself and associates including Gaetz, The Times reported.

The new report from The Daily Beast, published Thursday, appears to support this narrative. According to the outlet, which viewed the transactions before they were made private this week, Gaetz sent Greenberg two late-night Venmo payments totaling $900 in May 2018. 

In the text field of the first payment, Gaetz wrote “Test.” In the second, he asked Greenberg to “hit up” a teenager who he allegedly referred to by her nickname. The Daily Beast did not publish the name of the girl “because the teenager had only turned 18 less than six months before.”

The next morning, Greenberg transferred a total of $900 to three different young women using the same app.

One of the transfers was titled “Tuition,” and the other two were both listed as “School.” The Daily Beast also said it was able to obtain “partial records” of Greenbergs Venmo, which is not publicly available.

Those records, the outlet reported, show that the two men are connected through Venmo to at least one other woman who Greenberg paid with a government-funded credit card, and at least two other women who received payments from Greenberg.

Ongoing Investigation

Gaetz, for his part, has not directly addressed the latest allegations. A representative from the Logan Circle Group, an outside PR firm, provided The Daily Beast with a statement from the congressman.

“The rumors, gossip and self-serving misstatements of others will be addressed in due course by my legal team,” the statement said, with the firm also informing the outlet that their lawyers would be “closely monitoring your coverage.”

Greenberg’s defense attorney, Fritz Scheller, also declined requests to comment, but during a press conference Thursday, he implied that the plea deal his client is expected to accept spelled trouble for Gaetz.

“I’m sure Matt Gaetz is not feeling very comfortable today,” Scheller said.

The Daily Beast story also comes amid reports that that the FBI has widened its probe of Gaetz. According to The Times, sources familiar with the inquiry have said investigators are also looking into a trip he took to the Bahamas with other Florida Republicans and several women.

Sources said the trip took place shortly after Gaetz was elected to Congress in 2016, and that the FBI has already questioned witnesses about whether the women had sex with the men in exchange for money and free travel.

It is illegal to trade sex for something of value if prosecutors can provide the exchange involved force, fraud, or coercion.

The Times also reported that investigators are now additionally looking into Gaetz’s alleged involvement in discussions to run a third-party candidate in a State Senate race to make it easier for an associate of his who was running for the seat to win.

The act of recruiting so-called “ghost candidates” who run for office purely to divert votes from one candidate is not usually illegal. However, paying a ghost candidate is normally considered a violation of campaign finance laws.

See what others are saying: (The Daily Beast) (The New York Times) (The Hill)

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