#REDFLAG: Hear me out. It's important.
We're FUNDAMENTALLY talking about Barr and Mueller in the wrong way.
According to the Special Counsel rules, in basic terms, the Attorney General MUST notify Congress if he ever disagreed, overruled, or blocked the Special Counsel.
[1/2]
#IMO: Barr violated DOJ rules by failing to disclose he OVERRULED Mueller.
In his first letter, Barr told Congress "there were no such instances" where he disagreed, overruled, or blocked Mueller.
But, his decision to exonerate Trump, when Mueller would not, is just that. [2/2]
#RELATED: While the Special Counsel rules mandate that Barr notifies Congress if he interferes w/ the investigation...
...those rules DON'T apply for the 14 investigations Mueller handed-off.
They could be impeded and Barr wouldn't have to tell anyone.
#NEW: Pleased to say, brilliant legal mind and former U.S. Attorney, @BarbMcQuade...
...tweeted the EXACT point I've been arguing.
Barr OVERULED Mueller on obstruction. His letters, press conference, and testimony have all distracted us from this fact.
@BarbMcQuade #NEW: The great @AshaRangappa_ concurs! And she's added some astute additional analysis.
Check it out...
@BarbMcQuade @AshaRangappa_ #MORE: Deeper dive...
§600.9(a)(3) covers during AND the end of an investigation.
With the OLC opinion, a Special Counsel's FINAL POSITION w/ criminality found WOULDN'T result in a charging decision for any president, but rather a position consistent w/ Mueller/DOJ rules. [1/4]
#MORE: Mueller's FINAL POSITION (re: OLC) was he couldn't charge or accuse a sitting-POTUS, even w/ ample evidence.
He could only lay it out for Congress, like Jaworski + Starr.
Barr overruled, making a DECLINATION decision that Mueller didn't believe could be justified. [2/4]
#MORE: The SC regs were written particularly w/ Presidents in mind.
Mueller's FINAL POSITION was also while he couldn't consider charging, he was allowed to clear, but he couldn't.
Barr overruled, requiring him to tell Congress under § 600.9(a)(3). [3/4]
#MORE: The OLC opinion that says a sitting-POTUS can't be charged...
...ALSO says the Constitution requires a process OUTSIDE OF DOJ to formally accuse a sitting president of wrongdoing...AKA Congress.
Barr is in DOJ. It was violation to intervene. [4/4]
#EVENMORE: Under § 600.7(b)...
DURING the investigation, the AG may review investigative or prosecutorial steps by the SC, and overrule if determined to be inappropriate or unwarranted under DOJ practices.
That ALSO falls under the mandatory notification in § 600.9(a)(3). [1/3]
#EVENMORE: On March 5th, DURING the investigation, 3 weeks before handing in his report...
Mueller met with Barr & Rosenstein to notify them that he "WOULD not reach a determination one way or the other about whether [Trump] committed a crime," consistent w/ DOJ practices. [2/3]
#EVENMORE: Mueller's notification fulfilled his duty under § 600.8(b).
If Barr disagreed, b/c he "determined" it was outside of DOJ norms (as he's described Mueller's position)...
...then he was REQUIRED to notify Congress re: § 600.9(a)(3), as he overruled/cleared Trump. [3/3]
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