DOJ released a 2019 memo used by former AG Barr to justify his decision not to prosecute then-Pres. Trump for obstruction of justice arising from Robert Mueller's Russia investigation.
MORE: Report doesn't exonerate Trump, Mueller testifies, and he could be charged after leaving office
The full memo released Wednesday outlines the rationale given to Barr from Steven Engel, the former head of DOJ's Office of Legal Counsel, and Ed O'Callaghan, the then-principal associate deputy attorney general. While Mueller's report meticulously documented potential obstructive acts taken by Trump before and after his appointment as special counsel, Mueller has said he declined to make a determination on whether Trump committed a crime based on DOJ policies and "principles of fairness."
"It would be rare for federal prosecutors to bring an obstruction prosecution that did not itself arise out of a proceeding related to a separate crime," the memo states.Engel and O'Callaghan wrote that "much of" Trump's conduct in the report instead "amounted to attempts to modify the process under which the Special Counsel investigation progressed, rather than efforts to impair or intentionally alter evidence ...
MORE: If Trump weren't president, he'd be charged with obstruction, hundreds of former federal prosecutors say "Most of the conduct identified consists of facially lawful actions that are part of the President's constitutional responsibility to supervise the Executive Branch," Engel and O'Callaghan wrote. "And there is considerable evidence that the President took these official actions not for an illegal purpose, but rather because he believed the investigation was politically motivated and undermined his Administration's efforts to govern.
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