The memo supports then-Attorney General William Barr's conclusion that Trump shouldn't be prosecuted in special counsel Robert Mueller's Russia probe.
by a pair of senior Justice Department officials, offered a legal analysis on whether Trump had criminally obstructed the investigation into potential ties between Russia and his 2016 presidential campaign. Barr agreed with the conclusions of the March 24, 2019, memo andThough the decision to clear Trump of obstruction has been well-documented, the newly disclosed memo offers additional details about how two of the department’s senior-most leaders arrived at that conclusion.
In their memo, the two officials, Edward O’Callaghan and Steven Engel, asserted that none of those acts amount to criminal obstruction of justice and said evidence suggested that Trump took the steps he did “not for an illegal purpose” but because he believed the investigation was politically motivated and hampering his ability to govern.
And in other instances, they said, none of Trump’s requests or directives to “change the supervision of the investigation” — including telling his White House counsel to engineer Mueller’s firing — was ever actually carried out. They argued that the facts in the Trump investigation did not match up with any other prior obstruction prosecutions. Most of the obstruction cases cited by Mueller, they said, involved instances in which there was an inherently wrongful effort to hide or destroy evidence or to thwart the investigation of an underlying crime. Those factors do not exist here, they wrote.
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