Trump Lawyers Complain That Mueller Did His Job Too Well

  
By:  john-russell  •  3 weeks ago  •  8 comments

Trump Lawyers Complain That Mueller Did His Job Too Well
"Far more detailed than the text of any known criminal indictment or declination memorandum, the report is laden with factual information that has never been subjected to adversarial testing or independent analysis," Emmet Flood wrote. 

Trump's criminal lawyer wrote a letter to Barr whining about Robert Mueller, according to a CNN report today.

The White House legal team is concerned that Mueller was too diligent, amassing all sorts of evidence that may never be heard in court. And thus Trump will be deprived of the honor of defending himself in a legal setting. 


"The (special counsel) instead produced a prosecutorial curiosity -- part 'truth commission' report and part law school exam paper," Flood wrote. per CNN

Trump's lawyer Flood complained that Mueller should have just given a prosecute or no prosecute decision, and not gone into the details of the 10 or 11 attempts by Trump to obstruct justice. 

This is pretty rich. Trump isnt happy that by the fluke of him being in office as president he isnt eligible for indictment, now he wants Mueller , or rather Barr, to announce that Mueller overstepped his bounds by detailing the evidence for the American people. 

He wants to defend himself in court?   How about the court of public opinion?  Oops , the verdict is in, he's guilty of being an assclown. 

related

https://www.cnn.com/2019/05/02/politics/white-house-barr-mueller-obstruction/

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JohnRussell
1  author  JohnRussell    3 weeks ago

https://www.cnn.com/2019/05/02/politics/white-house-barr-mueller-obstruction/

White House complained to Barr that Mueller should have decided on obstruction

PAMELA BROWN MAY 02, 2019

190331145715-robert-mueller-exlarge-169. Former FBI Director Robert Mueller, special counsel on the Russian investigation, leaves following a meeting with members of the US Senate Judiciary Committee at the US Capitol in Washington, DC on June 21, 2017

Washington (CNN)The White House has accused special counsel Robert Mueller's team of playing politics with the investigation and wildly straying from their mission in a letter sent to Attorney General William Barr last month and released Thursday afternoon.

In the five-page letter, a top White House lawyer, Emmet Flood, raised several concerns with the substance and format of Mueller's report, which did not establish a criminal conspiracy between Trump's campaign and the Russians. Mueller also unearthed substantial evidence of obstruction by Trump, but the report didn't say whether the President should be prosecuted.

Flood slammed Mueller's approach to the obstruction investigation, saying "the special counsel and his staff failed in their duty to act as prosecutors and only as prosecutors."

Even though current Justice Department guidelines say a sitting president cannot be charged, Flood wrote that Mueller needed to "either ask the grand jury to return an indictment or decline to charge the case."

"Far more detailed than the text of any known criminal indictment or declination memorandum, the report is laden with factual information that has never been subjected to adversarial testing or independent analysis," he added.

Trump, however, has been touting the report and Barr's analysis as proof he was exonerated. "No Collusion - No Obstruction!" he tweeted April 18 and has repeated several times.

The letter is dated April 19, one day after the Justice Department released the redacted report to the public.

In the report, Mueller directly explained how those internal Justice Department rules against indicting a president had a major impact on his internal deliberations. In effect, Mueller framed his entire obstruction investigation around the notion that he couldn't bring any charges against Trump even if he found ironclad evidence against him, but wanted to preserve the evidence and included references to Congress' unique constitutional role to hold a president accountable.

Mueller explained in his report that he saw the effort in part as preserving details because the President "does not have immunity after he leaves office" and that his team "conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available."

Another part of the letter explains the White House argument that Mueller overstepped his role by providing a "road map" that Congress could use to initiate impeachment proceedings. Mueller never said this directly in his report, but some Democrats and commentators have said that the report could give Congress what it needs to take the next steps against Trump.

"Under a constitution of separated powers, (Justice Department officials) should not be in the business of creating 'road maps' for the purpose of transmitting them to (Congressional) committees," Flood wrote.

The letter criticizes Mueller's decision to document nearly 200 pages of extraordinary details from its obstruction investigation. Justice Department regulations require Mueller to submit a "confidential report" to the attorney general explaining decisions whether not to charge people under investigation. The regulations don't impose limits on the length or detail of the report.

Essentially, the White House letter argues that Mueller's team was playing politics when they specifically stated in the report that it "does not exonerate" Trump of obstruction of justice.

"The (special counsel's) inverted-proof-standard and 'exoneration' statements can be understood only as political statements, issuing from persons (federal prosecutors) who in our system of government are rightly expected never to be political in the performance of their duties," Flood said, echoing Trump's longstanding position that Mueller's team is biased.

With an eye toward upcoming battles with House Democrats, the letter also makes clear that the White House wants to preserve all executive privilege for all future proceedings. Just because the President did not assert privilege for the report doesn't mean he will not do so in the future. Flood also aimed to draw a distinction between cooperating in a criminal investigation and a congressional investigation led by the House Democrats.

"The President therefore wants the following features of his decision to be known and understood," Flood wrote. "His decision not to assert privilege is not a waiver of executive privilege for any other material or for any other purpose."

 
 
 
JohnRussell
2  author  JohnRussell    3 weeks ago

I love this line from Trump's lawyers complaint

"Far more detailed than the text of any known criminal indictment or declination memorandum, the report is laden with factual information....."
 
 
 
Trout Giggles
2.1  Trout Giggles  replied to  JohnRussell @2    3 weeks ago

Oh God no! Not facts!

 
 
 
luther28
3  luther28    3 weeks ago

How about the court of public opinion?  Oops , the verdict is in, he's guilty of being an assclown. 

Unfortunately the court of public opinion does not seem to hold much sway at this juncture. November 2020 is when that case comes to trial, we will see where that opinion takes us from here. Although I do not disagree with your early verdict:)

 
 
 
JohnRussell
3.1  author  JohnRussell  replied to  luther28 @3    3 weeks ago

Trump's lawyers are arguing that because Mueller did not say Trump was either innocent or guilty of obstruction, the entire investigation was ill advised and illegitimate. 

I thought the purpose of the Mueller investigation was to let the American people know what had happened during the 2016 election and its aftermath. 

 
 
 
luther28
3.1.1  luther28  replied to  JohnRussell @3.1    3 weeks ago
I thought the purpose of the Mueller investigation was to let the American people know what had happened during the 2016 election and its aftermath. 

And it fairly much did. I think most folks who have been paying attention made up their minds long ago, one way or another. If indeed Mr. Trump is going to be held accountable, it will most likely take place in the State of New York's courts at this point. Mr. Mueller has laid out a road map for criminal indictment post the Presidency, whether or not it is pursued at that time remains to be seen.

Sadly this has become nothing more than political theater at this point, I will be the first to admit shock should this go much further than blah, blah .......

 
 
 
JohnRussell
3.1.2  author  JohnRussell  replied to  luther28 @3.1.1    3 weeks ago
Mr. Mueller has laid out a road map for criminal indictment post the Presidency, whether or not it is pursued at that time remains to be seen.

That is one of the things Trump's criminal lawyer is complaining about. 

Trump's "innocence" cannot be allowed to speak for itself. Probably because there isn't any. 

We as a country have allowed our standards to be lowered. The Mueller report concluded that Trump directed a public LIE about the Trump Tower meeting, a lie to make it seem more innocent in nature. 

But because that LIE is not a "crime", we are supposed to conclude that it is "ok". 

I would impeach Trump just because of that lie and many other similar ones. The president should not be able to lie about an attempt to collude with an enemy nation without consequences. 

We are destroying the norms we expect from leaders. 

 
 
 
luther28
3.1.3  luther28  replied to  JohnRussell @3.1.2    3 weeks ago
We are destroying the norms we expect from leaders.

No John we did not, our supposed leaders have done that if by no other means than their silence.

 
 
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