'A fair evaluation of the Special Counsel's findings and legal theories weighs in favor of declining prosecution,' wrote Steven Engel, the assistant Attorney General for the Office of Legal Counsel, and DOJ official Edward O'Callaghan in the memo.
that no one of Trump's campaign could be charged with working with the foreign country towards a favorable electoral outcome. Trump might have obstructed the investigation, Mueller notably decided not to reach a conclusion as to whether the then-president actually did so, leaving the decision on obstruction charges to the Justice Department.
The report, they wrote,"identifies no actions that, in our judgment, constituted obstructive acts...with the corrupt intent necessary to warrant prosecution." The record, which had not previously been released, was ordered unsealed by an Appeals Court after a FOIA request and subsequent lawsuit were filed seeking its release.
The Justice Department's Office of Legal Counsel, for which Engel worked, has a long-standing ruling that"a sitting President is constitutionally immune from indictment and criminal prosecution," which the memo says Mueller also noted in his findings.
Despite Mueller's suggestion in the final report that"[Trump]'s exercise of executive discretion for any improper reason, including the prevention of personal embarrassment, could constitute obstruction of justice," Engel and O'Callaghan told Barr they deemed Mueller's interpretation of the law to be overbroad and incorrect.
Lawmakers criticized the summary as unfaithful to Mueller's findings and a federal judge in Washington, D.C. later criticized Barr's summary as lacking"candor." in the months after the release of the report that Mueller"could've reached a decision" on the question of Trump's alleged obstruction.
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