7 Matching Annotations
  1. Oct 2020
    1. The President's efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests.

      So the better judgement of others has apparently kept Trump out of trouble?

    2. 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.

      TL;DR

      This summary is not what Trump or even Barr have been indicating in their communications.

      Barr's statement on the day of the release of the redacted report: https://www.youtube.com/watch?v=7aHPFh2HfSM

    3. Under OLC's analysis, Congress can permissibly criminalize ce1tain obstructive conduct by the President, such as suborning perjury, intimidating witnesses, or fabricating evidence, because those prohibitions raise no separation-of-powers questions. See Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges, 19 Op. O.L.C. at 357 n.11. The Constitution does not authorize the President to engage in such conduct, and those actions would transgress the President's duty to "take Care that the Laws be faithfully executed." U.S. CONST. ART IT, §§ 3. In view of those clearly permissible applications of the obstruction statutes to the President, Franklin's holding that the President is entirely excluded from a statute absent a clear statement would not apply in this context.

      Since the DoJ won't indict a sitting president, here's a direct suggestion of what Congress could do.

    1. “every courageous and incisive measure to solve internal problems of our own society, to improve self-confidence, discipline, morale and community spirit of our own people, is a diplomatic victory over Moscow worth a thousand diplomatic notes and joint communiqués. If we cannot abandon fatalism and indifference in the face of deficiencies of our own society, Moscow will profit.”

      Perhaps the best defense against active measures is a little bit of activism of our own

  2. Mar 2020
    1. The differences between the report and Mr. Barr’s description of it “cause the court to seriously question whether Attorney General Barr made a calculated attempt to influence public discourse about the Mueller report in favor of President Trump despite certain findings in the redacted version of the Mueller report to the contrary,” wrote Judge Walton, an appointee of President George W. Bush.

      Serious indictment of Barr.

  3. Apr 2019
    1. 28 C.F.R. § 600.8(c)

      PART 600—GENERAL POWERS OF SPECIAL COUNSEL can be found here: https://www.govinfo.gov/content/pkg/CFR-2016-title28-vol2/pdf/CFR-2016-title28-vol2-part600.pdf

      Part (c) reads:

      (c)Closing documentation. At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.

    1. One of the biggest questions of the past two years — something that fueled the news coverage, the federal investigation and congressional scrutiny — is why so many people around Mr. Trump lied, misled and changed their stories