Scotties Toy Box

April 18, 2019

Mueller Report: Congress Must Decide On Obstruction

Filed under: Criminal, Fascism, Harm, News, Political, Questions — Scottie @ 11:56

More at the link below.   Hugs

Mueller Report: Congress Must Decide On Obstruction

CNN is posting excerpts from the Mueller report.

“With respect to whether the President can be found to have obstructed justice by exercising his powers under Article II of the Constitution, we concluded that Congress has the authority to prohibit a President’s corrupt use of his authority in order to protect the integrity of the administration of justice.”

“The Russian contacts consisted of business connections, offers of assistance to the campaign, invitations for candidate Trump and Putin to meet in person, invitations for campaign officials and representatives of the Russian government to meet, and policy positions seeking improved US-Russian relations.”

“If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment. The evidence we obtained about the President’s actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.”

10 Comments »

  1. This report is a disappointment. It’s all over the place.

    “unlike cases in which a subject engages in obstruction of justice to cover up a crime, the evidence we obtained did not establish that the president was involved in an underlying crime related to Russian election interference.”

    So no evidence to proceed with inditement and too little not to? All it did was confuse the issue. Mueller had a responsibility to conclude his finds with either recommendations to indite or exoneration. He did neither.

    “Several individuals associated with the campaign were contacted in 2016 about various efforts to obtain the missing Clinton emails and other stolen material in support of the Trump campaign. Some of these contacts were met with skepticism and nothing came of them; others were pursued to some degree. The investigation did not find evidence that the Trump campaign recovered any such Clinton emails, or that these contacts were part of a coordinated effort between Russia and the Trump campaign.”

    And top that off with Rob Rosenstien a firm detractor of the president agreeing with Barr “Barr and Rosenstein concluded that ‘Mueller’s findings were insufficient to merit criminal charges for obstruction.'”

    All this indifference with no substance allows both sides to claim victory and rightfully so.

    Mueller failed us all! He should have either concluded yes or no and advised for or against crimianl proceedings.

    hugs

    Liked by 1 person

    Comment by Michelle Styles — April 18, 2019 @ 13:50

    • Hello Michelle. I have not read the report and do not intend to. What I did point out is that Mueller expecting was his full report would be given to congress and they would decided. Not the AG! It is right in the report that Mueller felt hamstrung by the DOJ policy that a sitting president couldn’t be indicted. So he was passing that off to congress which had the authority. Yet Barr disregarded that and attempted to poison the well for that by declaring the president clear on all counts. We know the damage is done. That was the goal. Get their view out first, forcefully, and make sure no one gives any thought to the full report. The tRump keeps insisting the real report means nothing because Barr said he was cleared of any wrongdoing. WTF!!!!
      Time will tell if the Representatives in the House can make a dent in our authoritarian president and his minion cabinet. Hugs

      Like

      Comment by Scottie — April 18, 2019 @ 14:02

      • Several problems with this logic.

        1) The jsutice department enlisted the special counsel and he worked for the AG not congress.
        2) By law his findings can only be shared with the AG and Justice department and then made available to congress.
        3) Barr can not under laws (made by congress) release grand jury or details involving ongoing cases. He’d be put in jail if he did.
        4) Only select memebrs of congress can view sensative intelligence information so it can’t be made wholely available to all in congress. By law (made by congress).

        So far the process is being followed as it should be except that Mueller should have receached conclusions and failed to reach any. If the evidence gathered left questions the process should not have ended yet until all evidence was available to reach a conclusion.

        Again Mueller (whom I like a lot and have tremendous respect for) failed us all. He should have finished his job and either cleared the president or put his ass in chains. Nothing in between. As it is he himself said there is not enough evidence to convict him in any court of law of wrong doing. That doesn’t mean there isn’t evidence that needed follow up because there is.

        hugs

        Liked by 1 person

        Comment by Michelle Styles — April 18, 2019 @ 14:19

        • Hello Michelle. I disagree with your first point. The person who wrote the special council law said it was written to go to congress, Not the AG. Not the AG!

          In the parts I have seen the report says it is up to congress to decide, not the AG! It says it right there in the report that is not redacted! So how is Barr being involved in anyway a part of this that was supposed to be? He was hired to protect tRump and he is doing his best to do so. Just as he did the Bushes. The man has no love of law, only of the goals he seeks.

          Grand Jury information has been released for every other special investigation! The Star report was released with grand jury information / testimony in four days! All it takes is a request to the judge. Barr refused to do the request. In fact the judge is now on his own taking testimony as to why he shouldn’t release the information. It has been done in every other case of a special counsel investigation, what makes tRump different?
          Michelle this is a scam to protect tRump!

          Michelle no one is asking all of congress or the public get the unredacted version. The fact is each of the committees that have asked for the unredacted version do have clearance. Most of congress does. The fact is even if it was supersecret the gang of eight does. That is not being offered. This is a again a scam and an attempt to protect a criminal person in the White House.
          Again Michelle Mueller by DOJ policy couldn’t make the call. He was depending on it being passed to congress. Barr blocked that. He is still blocking the full report from going to congress. Ask this question. Mueller’s team wrote summaries of each section designed to be released to the public with no need for censorship, yet Barr refused to release them.
          So now looking through your comment and investigating the facts. I disagree with you my friend. Someday we will have to get together and talk it out. Hugs

          Like

          Comment by Scottie — April 18, 2019 @ 14:35

          • With all due respect you are flat wrong on the laws involved.

            See 600.8 section “C” (attached below) the report and all mterials MUST be turned ver only to the AG. No question there that is exactly where it was turned ofver to.

            Rule 6 of grand juries making it a crime to turn over grand jury information except to court authorized authorities (on a case by case basis). In other words if congress wants this information they MUST go to the judge who over saw the grand jury and request details be released. The AG does NOT have the power to release this without breaking rule 6 and facing 25 years in prison plus fines.

            Next the AG is under no obligation ro release special counsel report nor and “audits conducted by the DOJ” In 2012 Eric Holder was subpeana to turn over documents relating to “fast and furious” gun running investigation. Eric Holder refused and was held in contempt of congress which by the way had zero affect on Holder. Congress does not have the power to jail the AG for refusing to turn over documents he sees as pivledged or otherwise unnessicary to turn over. You can read all of law 600 pertaining to special counsel responsibilities, funding, duties ect..

            64 Fed. Reg. 37038
            ““[t]hese regulations seek to strike a balance between independence and accountability in certain sensitive investigations, recognizing that there is no perfect solution to the problem.” The background statement highlights the regulations’ major theme. “[A] large degree of responsibility” will be removed from the Department of Justice. Special Counsel will have “day-to-day independence.” Each will “be free to structure the investigation as he or she wishes and to exercise independent prosecutorial discretion to decide whether charges should be brought.” But each is to do so “within the context of the established procedures of the Department.” Of central importance, “ultimate authority for the matter and how it is handled will continue to rest with the Attorney General.” For that reason, “the regulations explicitly acknowledge the possibility of review of specific decisions reached by the Special Counsel.””
            The special counsel is SUPPOSED to bring charges where appropriate and reach conclussions. Mueller failed to do this explicitly.

            You can disagree but the laws and regulations are very paln and I am correct here. Yes I to would love to sit down but not for such heavy crap. I’d just want to have some tea or lemonaid and talk about what a grand friend and person you are to me. Maybe even teach ou to surf. 🙂 Leave the heavy shit for here and keep the we agree on stuff for face to face. Cause I want my damn hug 🙂

            1) 600.8 Notification and reports by the Special Counsel.
            (a)Budget.

            (1) A Special Counsel shall be provided all appropriate resources by the Department of Justice. Within the first 60 days of his or her appointment, the Special Counsel shall develop a proposed budget for the current fiscal year with the assistance of the Justice Management Division for the Attorney General’s review and approval. Based on the proposal, the Attorney General shall establish a budget for the operations of the Special Counsel. The budget shall include a request for assignment of personnel, with a description of the qualifications needed.

            (2) Thereafter, 90 days before the beginning of each fiscal year, the Special Counsel shall report to the Attorney General the status of the investigation, and provide a budget request for the following year. The Attorney General shall determine whether the investigation should continue and, if so, establish the budget for the next year.

            (b)Notification of significant events. The Special Counsel shall notify the Attorney General of events in the course of his or her investigation in conformity with the Departmental guidelines with respect to Urgent Reports.

            (c)Closing documentation. At the conclusion of the Special Counsel’s work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.

            Liked by 1 person

            Comment by Michelle Styles — April 19, 2019 @ 11:38

            • Hello Michelle. On Lawrence O’Donnell’s show one of the writers of the special counsel law said it was always their intent that the reports would go to congress for evaluation. Yes it goes to the AG, but in all other cases the AG has turned over the report. Including the grand jury information. In all other cases the AG has gone to court to ask the judge to allow the release of the grand jury material. It was not done in this case. This concerned a judge so much who is hearing a freedom of information case on this that he is considering authorizing the release of the grand jury information himself.

              Michelle the fast and furious gun trafficking case was not a special counsel investigation. It was conducted by the inspector general. The fact is AG Holder was refusing to turn over information being used in an open case, and also information that was covered under executive privilege. Totally different circumstances.

              We are having a bad thunderstorm so I will send this before going on to the rest of your comment so I don’t lose it. Hugs

              Like

              Comment by Scottie — April 19, 2019 @ 11:54

            • Hello Michelle. The fact is that none of the documents were claimed privileged by tRump’s admin. So you can not retroactively declare that. That was the big beef over people who refused to answer questions in Republican led hearings because “the president may want to assert privilege ” at a later date. While the republicans did not press it, the Democrats were on every TV show showing that is not how the privilege rule works. The White House has to assert executive privilege at the time and they never did with respect to any of the materials asked for by Mueller’s team. So the AG doesn’t get to suddenly declare a privilege that was never asserted.

              Michelle it is written in the Mueller report that he felt he was constrained by DOJ policy saying that a sitting president couldn’t be indicted. Now many lawyers say this is wrong, but it is the policy. As a member of the DOJ Mueller had to follow it. In the report it specifically turns it over to the congress to decide if a crime was committed and how to move forward. That is in the report. Mueller intended for congress to do its job. It it is the job of congress to oversee the executive branch. The special investigation report is a tool for that.

              Michelle you say you are very correct. Yet attorneys practicing law do not agree with you. If the law was so clear then no one in congress would be trying to go to court to get the report. The fact is I have listened to several legal shows where lawyers do not agree with you. The AG gets the report. That part we agree on. Then the AG checks to make sure no open cases will be harmed by the information in the report, if so it is redacted. The AG in every other SCI has then asked the court to unseal the grand jury information. There was never any redaction to avoid embarrassment in any of the legal requirements for nondisclosure. Yet Barr used that as an excuse to redact information.

              Barr has acted in all respects as a shill and person lawyer for tRump. He mislead everyone with a factually wrong 4 page “summary”. He withheld the report, until a congressional break for no reason other than to delay its release. It would have taken a team of ten lawyers about 24 hours according to Lawyer Andrew Torrez of opening arguments podcast. https://openargs.com/oa271-dis-barred-the-mueller-report/ I suggest you listen to this breakdown of the report. Going to send this because we just took three power hits and I may lose it. Hugs

              Like

              Comment by Scottie — April 19, 2019 @ 12:16

              • Any attorney reading the law differently is palying games and being disingenuous.

                Remember 1996 when Pelosi stood on the floor of the house and laid out just this very same thing. She made it clear the special counsel works FOR the AG and not congress and that the president (then Bill Clinton) had the right to view the report BEFORE the AG prepared a redacted version for congress.

                Now her and political hacks are saying just the oposite. Another case of do as I say not as I do. Loyalty to party alone. The only difference is now the Republicans are telling democrats these same things. Why? because bothsides are playing party of law, party over country.

                Simple as that.

                “Pelosi said:

                Mr. Speaker, for seven of the eleven years that I have served in Congress, I have served on the Ethics Committee or the ethics task force. It is from that perspective that I have several questions to ask.

                If indeed what we are talking about here today is the process under which the Starr report will be released, why then have the airwaves been filled with details of the Starr report for the last 36 hours? It has supposedly been under lock and key here. One can only assume the leaks are coming from the independent counsel’s office.

                My second question is to you, Mr. Speaker: Why would you not afford the President of the United States the same opportunity you were given by the Ethics Committee of having almost a week’s advance notice to review the charges against you, and so that you could have your response be part of the report? ”

                She went on in that speach to advise Newt that the AG has the authority to withhold the report all together even from Congress. She advised him that the AG would turn over the Starr report when and IF the office of the AG decided to or not to release it. At that same time every democrat I’ve seen on the news said exactly what I’m saying. Now no one is calling them on what they said vs what they are now saying.

                The AG even under subpena does not have to turn over documents to congress at all. AG Eric Holder was held in contempt of congress over fast and furious.

                Why do you think congress can only recommend a special counsel but only the AG can appoint one and over see it. Only the AG can fire the special counsel and the report by law must be turned over only to the AG. It’s that simple. Congress can’t appoint, can’t fire and can’t oversee the special counsel. Only the AG (or in this case assistant AG as Rosenstien oversaw him) can.

                Liked by 1 person

                Comment by Michelle Styles — April 22, 2019 @ 14:00

                • Hello Michelle. As I stated before the Special council law in effect them is different than the law that is in effect today. Hugs

                  Like

                  Comment by Scottie — April 23, 2019 @ 08:21

            • Hello Michelle. Break in the lightning so maybe I will be able to get this all typed before losing it.

              I hope you and I get to meet some day. That would be grand. I hope you are having a good day. I also wish we as a nation did not have to be so concerned with this stuff. However there have been laws broken. Even the lay person can see that. Oh and the pee pee made appearance in the Mueller report. How do we have a president whose business partner passes the message through his lawyer ( Cohen ) that he “managed to take care of the tapes for now, but not sure how many more are out there”?

              I hope your day is nice and you can do stuff you enjoy. I was able to make Ron a goulash last night for his supper before he went to work. He had asked me if I would feel up to it as I had my shots yesterday and normally am not well afterwards. But I did. He likes it very soupy. I use fajita and beef bullion in it which I do not for spaghetti sauce. I use tomato juice as that makes it more liquidy. A bit of celery, peppers, onions, and this time I used ground sausage and some very lean ground beef. I throw in some garlic as I love garlic. This time I used some large thick sliced white mushrooms. I don’t always as Ron is not a real mushroom fan. Ron is off for the next five days!! I love it.

              I am glad to be your friend. I never wished to have only friends who agree with me, that would be boring. I enjoy our talks. I hope you are feeling well today. I sense you are a bit down?
              Give my best to the family. Hugs

              Like

              Comment by Scottie — April 19, 2019 @ 12:34


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