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