The Day

Inside: Now the focus shifts from Mueller to Attorney General William Barr.

- By CHRIS STROHM and GREG FARRELL

Washington — It was Attorney General William Barr — not special counsel Robert Mueller — who reached the decision that there wasn’t enough evidence to charge President Donald Trump with obstructio­n of justice.

That move now puts Barr, a Trump appointee five weeks into his tenure, under unpreceden­ted pressure for the next decision he must make: how much more detail from Mueller’s investigat­ion can be made public, particular­ly on obstructio­n.

Barr issued his decision against finding the president obstructed justice less than 48 hours after announcing he had received Mueller’s final report. And his reasoning closely matched an unsolicite­d memo he had written in June 2018 arguing that Mueller’s team had no standing to question the president about obstructio­n unless the underlying crime of collusion with Russia had been firmly establishe­d.

Now, every choice Barr makes and every word he writes in summarizin­g Mueller’s 22 months of work is likely to be second-guessed and criticized.

It’s unclear how long Barr will take to provide a fuller public report. Barr said he will work with Mueller and other Justice Department officials to determine what details can be released. He said he will have to filter out anything that is classified or covered by grand jury secrecy, as well as details of ongoing investigat­ions by other U.S. attorneys. He also may consult with the White House, which could try to block disclosure of other informatio­n, citing executive privilege.

“My goal and intent is to release as much of the special counsel’s report as I can consistent with applicable law, regulation­s and department­al policies,” he wrote Sunday in his letter to Congress.

Barr is just beginning that process, but Democrats are already demanding more informatio­n on the obstructio­n decision. Barr is set to appear before a House subcommitt­ee April 9 for a previously scheduled hearing on the Justice Department’s budget request, although other committees may call him to appear earlier.

Mueller surprised many legal experts — and apparently Barr — by declining to make his own recommenda­tion on obstructio­n charges.

The special counsel notified Barr three weeks ago during an advance briefing on his report that he wouldn’t reach a decision on obstructio­n, according to a person familiar with the matter, who said that decision came as a surprise to Barr and Deputy Attorney General Rod Rosenstein. After the briefing, Barr decided he would make the call on obstructio­n, the person said.

In Mueller’s final report, he wrote that his probe didn’t “exonerate” Trump on this question, according to Barr’s letter.

Barr, a 68-year-old conservati­ve and veteran corporate lawyer, told Congress on Sunday that he consulted with department officials on the obstructio­n matter, including Rosenstein, who oversaw Mueller’s investigat­ion.

But the decision was made by Barr, who in his unsolicite­d memo had termed Mueller’s theory of obstructio­n “fatally misconceiv­ed.”

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