Kerri Kupec, spokeswoman for the DOJ and Peter Carr, spokesman for the Special Counsels office reled the following joint statement;
The Attorney General has previously stated that the Special Counsel repeatedly affirmed that he was not saying that, but for the OLC opinion, he would have found the President obstructed justice. The Special Counsel's report and his statement today made clear that the office concluded it would not reach a determination - one way or the other - about whether the President committed a crime. There is no conflict between these statements.
Mueller is a dirty rotten rat!
Your claim is completely nonsensical. Mueller's report and recent statement made it clear the reasons he did not attempt to charge Trump with obstruction, and one of the main ones (if not the primary reason) was the OLC memo.
From Mueller's statement yesterday:
"We did not, however, make a determination as to whether the President did commit a crime.
The introduction to volume two of our report explains that decision.
It explains that under long-standing Department policy, a President cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view—that too is prohibited.
The Special Counsel’s Office is part of the Department of Justice and, by regulation, it was bound by that Department policy. Charging the President with a crime was therefore not an option we could consider.
The Department’s written opinion explaining the policy against charging a President makes several important points that further informed our handling of the obstruction investigation. Those points are summarized in our report. And I will describe two of them:
First, the opinion explicitly permits the investigation of a sitting President because it is important to preserve evidence while memories are fresh and documents are available. Among other things, that evidence could be used if there were co-conspirators who could now be charged.
And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.
And beyond Department policy, we were guided by principles of fairness. It would be unfair to potentially accuse somebody of a crime when there can be no court resolution of an actual charge.
So that was the Justice Department policy and those were the principles under which we operated. From them we concluded that we would not reach a determination – one way or the other – about whether the President committed a crime. That is the office’s final position and we will not comment on any other conclusions or hypotheticals about the President."
Here is what Bill Barr was asked and what he said at his mid-April press conference...
Reporter:
"Mr. Attorney General, we don't have the report in hand. So could you explain for us the special counsel's articulated reason for not reaching a decision on obstruction of justice
and if it had anything to do with the department's long-standing guidance on not indicting a sitting president?"
Barr's response:
"I would leave it to his description in the report, the special counsel's own articulation of why he did not want to make a determination as to whether or not there was an obstruction offense (Barr says this with a straight face RIGHT AFTER the reporter says WE DO NOT HAVE THE REPORT).
But I will say that when we met with him, Deputy Attorney General Rosenstein and I met with him, along with Ed o'Callaghan, who is the principal associate deputy, on March 5th. We specifically asked him about the OLC opinion and whether or not he was taking a position that he would have found a crime but for the existence of the OLC opinion. (Barr is clearly dissembling here. The reporter was very clear in asking if the OLC memo had ANYTHING to do with Mueller's decision not to make a decision on obstruction. The only appropriate answer was that it did. Instead, Barr gives an answer to a question the reporter didn't ask and does so by spinning what Mueller actually said in his report to be as favorable towards Trump as possible by parsing what Mueller said in a way that is extremely misleading.)
And he made it very clear several times that that was not his position.
He was not saying that but for the OLC opinion, he would have found a crime. He made it clear that he had not made the determination that there was a crime." (Barr is outright lying here. Mueller never ever said anything of the sort. Mueller was UNABLE to come to a determination in either direction because of all the reasons mentioned above. That is significantly different than saying "Mueller made it clear that
he had not made the determination that there was a crime." That is papably misleading because Mueller made it clear he wasn't making a determination one way OR the other because he COULDN'T. Barr's duplicitousness is on full display in this statement. No one can read this and think that Barr was giving a good-faith overview of what Mueller's report said. There's zero chance Barr would have tried to lie like that if reporters already had access to the report. There's absolutely no reason to claim Mueller didn't determine that Trump commited a crime without also adding that Mueller also didn't determine if he DID commit a CRIME because he wasn't allowed to by DOJ policy.)
Look, you cannot look at Barr's two press conferences, testimony before Congress, and his two letters and claim our well-educated Attorney General just somehow managed to repeatedly misrepresent and misinterpret one of the most important events of his career and adult life. If it was one, or two, or even three discrepancies I could see giving Barr the benefit of the doubt. Hell, if it were even a half-dozen discrepancies. But when you actually look at Barr's numerous interpretive statements, summaries, and recollections of conversations and events it is clear he has lied, dissembled, misrepresented, obfuscated, mislead, and contradictorily parsed well over a dozen different key items and points about the Mueller investigation and report.
Bill Clinton has nothing on William Barr. Even Slick Willy wasn't nearly as brazen (or as talented) at lying and misleading the American people as William Barr is. It's disgusting...