Politics
Mueller Objects to Barr’s Summary of Report, Says It Created “Public Confusion”
Published
4 years agoon
By
Lili Stenn
- 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.
BREAKING: Letter from Special Counsel Robert Mueller to Attorney General Barr. pic.twitter.com/oDJm6coP8G
— House Judiciary Dems (@HouseJudiciary) May 1, 2019
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.”
Opening Statement of Attorney General William P. Barr Before the Senate Judiciary Committee https://t.co/Ia75hFwUGs
— Justice Department (@TheJusticeDept) May 1, 2019
See what others are saying: (The Washington Post) (CNN) (Fox News)
Politics
White House Endorses Bipartisan Senate Bill That Could Ban TikTok
Published
2 weeks agoon
March 8, 2023By
Lili Stenn
The measure does not target TikTok specifically but instead would set up a framework to crack down on foreign products and services that present a national security threat.
The RESTRICT Act
A bipartisan group of senators introduced a bill Tuesday that would allow the federal government to restrict or even outright ban TikTok and other technologies produced by foreign companies.
Under the legislation, dubbed the RESTRICT Act, the Commerce Department would have sweeping authority to identify and regulate technologies that pose a risk to national security and are produced by companies in six “foreign adversary” countries: China, Russia, Iran, Cuba, Venezuela, and North Korea.
In other words, the proposal would not explicitly ban TikTok, but instead creates a path for future prohibitions on the Chinese-owned platform.
While the bill’s text does not specifically mention TikTok, the group of senators made it clear that the app is their number one target, directing most of their criticism to the platform in statements announcing the measure.
The legislation, however, would go way beyond TikTik: it is also designed to prepare for future situations where apps or technologies from an “adversary” country become popular in the U.S.
The bill’s Democratic sponsor, Sen. Mark Warner (D-Ma.), echoed that point in his remarks Tuesday.
“Today, the threat that everyone is talking about is TikTok, and how it could enable surveillance by the Chinese Communist Party, or facilitate the spread of malign influence campaigns in the U.S.,” he said. “Before TikTok, however, it was Huawei and ZTE, which threatened our nation’s telecommunications networks. And before that, it was Russia’s Kaspersky Lab, which threatened the security of government and corporate devices.”
“We need a comprehensive, risk-based approach that proactively tackles sources of potentially dangerous technology before they gain a foothold in America, so we aren’t playing Whac-A-Mole and scrambling to catch up once they’re already ubiquitous.”
Proponents of the bill also hope that, given the broad scope of the legislation, it will gain more traction than past proposals that zeroed in on TikTok. Support for the measure was further bolstered when the White House announced it would back the move shortly after it was rolled out.
“This bill presents a systematic framework for addressing technology-based threats to the security and safety of Americans,” National Security Advisor Jake Sullivan said in a statement. “We look forward to continue working with both Democrats and Republicans on this bill, and urge Congress to act quickly to send it to the President’s desk.”
A Bumpy Road Ahead
Despite the bipartisan push, there are still some hurdles for the RESTRICT Act to overcome.
Although the legislation does not directly ban TikTok, because that is clearly its intent, the same issues with an outright prohibition still stand. One of the most serious concerns is that banning TikTok would violate the First Amendment.
There is past precedent on this front: in 2020, a federal magistrate judge blocked the Trump administration from requiring Apple and Google to take the Chinese-owned app WeChat off their app stores.
In that decision, the judge argued that the government only had “modest” evidence about the app’s risks and that removing it from app stores would “burden substantially more speech than is necessary to serve the government’s significant interest in national security.”
TikTok has emulated that argument. In a statement responding to the RESTRICT Act Tuesday, a spokesperson for the company said the legislation could “have the effect of censoring millions of Americans.”
Meanwhile, even if the act does pass, there is also the question of whether the Biden administration would decide on a full-scale ban.
Commerce Secretary Gina Raimondo would be the one responsible for overseeing the process under the bill, and while she said she said in a statement that she “welcomed” the proposal and promised to work with Congress to pass it, she has also previously expressed hesitation for a full prohibition.
On the other end of the equation, there are concerns that this measure will not ultimately get enough bipartisan support from Republicans who do want an outright ban and will refuse to accept anything that falls short of that.
While speaking with Fox News on Tuesday, Sen. Marco Rubio (R-Fl.) said the new plan did not go far enough and argued that Congress “should pass a bill that bans TikTok.”
Even if the legislation does get enough support in the Senate, its path is unclear in the GOP-held House, where it also does not yet have a companion bill. Republicans in the House recently introduced a measure that would give the president the power to unilaterally ban TikTok in the U.S.
That proposal, however, is not bipartisan like the RESTRICT Act, which will be a key test to see if legislators can find a middle ground on the matter.
See what others are saying: (The Washington Post) (Reuters) (NBC News)
Politics
What You Need to Know About Wisconsin’s Supreme Court Race — The Most Important Election in 2023
Published
4 weeks agoon
February 22, 2023By
Lili Stenn
Gerrymandering, abortion, the 2024 presidential election, and much more are on the line.
Primary Election
An election to fill an empty seat on the Wisconsin Supreme Court that has been described as the most consequential race of 2023 has now been narrowed to two candidates after the primary Tuesday.
Liberal Milwaukee County Judge Janet Protasiewicz easily took first place, winning 46.4% of the vote with nearly all precincts reporting. In second place with 24.2% was conservative Daniel Kelly, a former Wisconsin State Supreme Court justice who was appointed by the state’s then-Republican governor in 2016 but lost his re-election in 2020.
Notably, the wide discrepancy in votes can be explained by the fact that Kelly split Republican ballots with another conservative candidate who came in a close third with 21.9%. As such, the general election is expected to be tight.
Also of note, this race is technically supposed to be non-partisan, but Protasiewicz has closely aligned herself with Democrats and Kelly has done the same with Republicans. Both parties, as well as dark money groups, have poured millions of dollars into the high-stakes election that will determine whether liberals or conservatives will have a 4-3 majority on the state Supreme Court at an incredibly consequential time.
There are a number of paramount issues at play here that have widespread implications not just for Wisconsin but America at-large.
Gerrymandering and Elections
Wisconsin is one of the most important swing states in the country: it helped decide the outcomes of both the 2016 and 2020 presidential elections, and it is the center of debates on gerrymandering and free and fair elections that have played a role in those races.
The state Supreme Court, which has had a conservative majority for the last 14 years, has been instrumental in shaping those policies, having weighed in on many of the most crucial topics and almost always siding with Republicans.
For example, in what VICE described as “arguably the most important decision the court made in recent years,” the court ruled 4-3 last year to uphold one of America’s most gerrymandered maps that gave Republicans a massive advantage.
“The maps are so gerrymandered that Republicans hold six of Wisconsin’s eight House seats and nearly two-thirds of legislative seats in the state—even though Democrats won most statewide races last year,” the outlet reported.
That ruling created something of a self-fulfilling prophecy: the conservative majority court has decided so many critical topics because the state government is deadlocked with a Republican majority in the legislature and a Democratic governor.
So, by approving a map that massively favored Republicans, the conservative court kept that system in place, ensuring that they would continue to have the final say on so many of these essential areas.
However, if Protasiewicz wins the general election, the court is all but certain to revisit the gerrymandered map. Protasiewicz, for her part, explicitly stated in a recent interview that a liberal majority could establish new election maps. Kelly, meanwhile, has said he has no interest in revisiting the maps.
A decision unfavorable to the GOP-drawn maps would have significant implications for the internal politics of Wisconsin and control of the U.S. House of Representatives, where Republicans currently hold a very slim five-seat majority.
To that point, the Wisconsin Supreme Court also plays a big role in how the state’s elections are administered and how its ten Electoral College votes will be doled out in the 2024 presidential election.
Last year, the conservative court banned absentee ballot drop boxes, and in 2014, it upheld a GOP voter ID law that studies have shown suppressed Black voters. While the court did vote against considering former President Donald Trump’s lawsuit to try and overturn the 2020 election in Wisconsin, it only did so by a thin margin of 4-3.
The court will very likely be tasked with wading into elections-related cases in the coming years. Already, it is anticipated that the justice will hear a lawsuit by a conservative group aiming to further limit voting access by banning mobile and alternate voting facilities.
Abortion and Other Important Statewide Subjects
In addition to the ramifications for America broadly, there are also plenty of paramount issues concerning the state Supreme Court that will materially impact the people of Wisconsin.
Much of the race has been centered heavily on the topic of abortion and reproductive rights because the composition of the court will almost positively determine whether or not abortion will be legal for the state’s six million residents.
Following the Supreme Court reversal of Roe v. Wade, an 1849 Wisconsin law banning abortion went back into effect. Currently, a lawsuit against the ban is winding its way through the court system, and it is all but assured that battle will eventually go before Wisconsin’s Supreme Court.
Experts and analysts say that if Kelly wins, it is essentially guaranteed that abortion will remain illegal in almost all cases. Protasiewicz, by contrast, has campaigned extensively on abortion rights and vocally supported the right to choose.
Beyond that, there are also several other major issues the court will likely rule on in the coming years. For example, Protasiewicz has also said she believes a liberal majority could reverse a 12-year-old law that basically eliminated collective bargaining for public workers. All of that is just the tip of the iceberg.
“Everything is at stake, and I mean everything: Women’s reproductive rights, the maps, drop boxes, safe communities, clean water,” Protasiewicz told VICE. “Everything is on the line.”
See what others are saying: (VICE) (The New York Times) (The Washington Post)
Politics
Republicans Want to Cut Food Stamps — Even As Pandemic-Era Programs Wind Down
Published
4 weeks agoon
February 21, 2023By
Lili Stenn
Experts say cuts to food stamps could have a devastating impact on the 41 million Americans who rely on the program.
GOP Weighs SNAP Cuts in Budget
In recent weeks, top Republican lawmakers have floated several different ideas for cutting food stamp benefits.
Earlier this month, Republicans now leading the House Budget Committee flagged food stamps — formally known as the Supplemental Nutritional Assistance Program, or SNAP — as one of the ten areas they would support cuts to in their new budget proposal.
In a memo, the panel argued that stricter work requirements would “save tens of billions,” while a more rigid verification process for applicants would limit waste, fraud, and abuse. The idea comes as part of a broader effort to reduce the federal deficit.
Experts, however, say the proposed changes could result in debilitating cuts for the 41 million Americans who rely on food stamps and exacerbate an ongoing hunger crisis at a time when inflation has sent food prices rising.
SNAP provides low-income households with an average of around $230 a month for groceries. For many of those families who are also the most impacted by inflationary price increases across the board, that money is absolutely essential.
Experts have also noted that any additional cuts to SNAP would be especially harmful because Republicans are still proposing new cuts despite the fact that Congress already agreed just two months ago to end a pandemic-era program that had increased benefits in some states.
Under the pandemic policies, SNAP was expanded so households could receive maximum benefits instead of benefits based on income testing while also giving bigger payouts to the lowest-income Americans.
That expansion is now set to expire in March, and according to the anti-hunger advocacy group the Food Research and Action Center, an estimated 16 million households will see their per-person benefits drop by around $82 a month.
The Farm Bill Debate
Even if Republicans do not end up cutting SNAP in the budget, the program may still be in hot water.
While raising the debt limit is at the forefront of ongoing partisan battles at the moment, there is already a fight shaping up over another essential piece of legislation: the farm bill.
The farm bill is a package that has to be updated and reauthorized every couple of years. One of the most important legislative tasks Congress is responsible for, the farm bill includes many important subsidies and programs that are imperative to America’s food systems, farms, and much more.
SNAP is among the nutrition-based programs that fall under the purview of the farm bill, and Republicans have already tossed around the idea of cutting food stamp benefits in their ongoing negotiations.
Those debates are quite forward-looking, though it is normal for such discussions to occur early during a year in which Congress is charged with passing the farm bill. Lawmakers have until Oct. 1 to either enact a new version or agree on some kind of extension.
See what others are saying: (The Washington Post) (Business Insider) (Axios)

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