Barr's 4-pg summary is:
1 pg on Russian interference.
1 pg on obstruction.
It quotes Mueller on obstruction: "While this report does not conclude that the Pres committed a crime, it also does not exonerate him."
It's Barr's short letter, not Mueller.
We need to see the report.
2/ On Russian interference, the letter quotes Mueller:
"The investigation did not establish" conspiracy or coordination.
But any lawyer would ask about what legal burden of proof Mueller was using.
Proof "beyond a resonable doubt"?
But that's not the only relevant standard.
3/ A prosecutor needs to ask not just about whether there is "probable cause" (the standard for indictment). A prosecutor needs to ask if there is enough evidence to justify prosecution.
Mueller may have been explicitly using a higher standard in this context. We just don't know.
4/ Stone indictment stated: “After July 22, 2016 release of stolen DNC emails by [Wikileaks], a senior Trump Campaign official was directed to contact STONE about any additional releases and what other damaging information [it] had regarding the Clinton Campaign."
Who directed?
5/ Barr's letter seems deliberately written to avoid THIS QUESTION. Barr focuses narrowly on "the Russian government."
Wikileaks was not the Russian government, but coordinating with Wikileaks is plausibly soliciting/conspiring.
Barr seems to be deliberately obscuring. Unclear.
6/ Mueller's report probably included an executive summary of some kind.
Why not share that summary, even if Barr did his own rough redactions?
Barr quoted only 3 sentences from Mueller. Why would he not offer more than 3 sentences from Mueller?
I find that highly questionable.
7/ For comparison, Ken Starr's report on Clinton provided a half-page introduction and short summaries in many key sections.
Mueller surely offered similar summaries.
And yet Barr did not share those summaries.
Just 1 full sentences and 2 partial sentences from Mueller.
8/ This was the Starr Report introduction. Surely Mueller wrote something like this. Barr is deliberately not sharing it, and substituting his own summary of a summary.
9/ Barr's letter says "in our judgment (Barr's & Rosenstein's)," Trump's actions aren't sufficient to prove criminal obsruction, "which would need to be proven beyond a reasonable doubt."
-"Our judgment," not Mueller's...
- Implicitly focused on proving "beyond reasonable doubt."
10/ And keep in mind that Barr got this job because he wrote Trump a memo that basically said that no president could be guilty of obstruction for the removal of an official.
Extreme unitary executive theory.
So Barr's legal conclusion is no shocker here.
11/ Another Special Counsel Report as a model for comparison: Iran-Contra and the Walsh Report.
Look, an executive summary! Imagine that!
12/ And even more importantly, Walsh led with his damning "Overall Conclusions."
What are the chances that Mueller did not review these models and provide something similar for precisely this kind of Atty General "letter"?
Remarkably, @baseballcrank's defense of Ilya Shapiro's anti-identitarian tweets...
plays the identity card.
Ilya's anti-affirmative action stems from his family's experience of anti-Semitism.
So race & ethnic lived experience are relevant to judgment, eh? nationalreview.com/corner/the-dis…
2) I'm not sure what @baseballcrank is trying to say with this word salad.
I think it's a non-sequitur play of the Russian Jew identity card.
Is some logical connection between the different parts of the sentence? I wouldn't want to assume so, b/c that could be stereotyping.
3) Here's @baseballcrank playing the Russian-Jew ethnic card a second time.
I'm glad we agree that race, ethnicity, family & lived experience & empathy are all relevant to interpreting law:
Yesterday I got cursed & ratio'ed for this tweet. Now Day 2 starts with a new round of blue-check-marks making the same point that vaccination is not like abortion.
Here are two thoughts: 1) Yes, I know.
Legal arguments can turn on finding common principles in dissimilar cases;
2) My goal was to build a legal argument building on one 6-3 SCOTUS decision on vaccine mandates into a case to save Roe.
I acknowledge I am being naive about the conservative Justices. But I was naive to suggest consensus or common ground or moderation or nuance on Twitter.
3/ Could I have been more explicit in the first tweet to acknowledge the different stakes? Sure. But even when I clarified in a second tweet, the ratio'ing and the nastiness only escalated:
What could Garland do to investigate Trump for January 6th?
IMHO, the only step for Garland is to appoint a special counsel (a Mueller-type).
And I think that's the only way Garland would go, termperamentally.
It says a lot that he hasn't/won't. 1/ law.cornell.edu/cfr/text/28/60…
2/ An investigation into Trump, Biden's once and future political opponent, checks both reg boxes:
a) "conflict of interest...or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel"
3/ Because Garland has not yet appointed a special counsel, he is unlikely to do so. It takes time to find a counsel, assemble a team, then more time for them to get off the ground.
Let's say he had appointed one today. There still isn't enough time left to litigate.
(It’s a not-well-kept secret that many traditional-ish Jews not only wrote some of the best Christmas songs, but also love Christmas songs).
It reminds me of a BC time years ago, when a group was trying to set a Guinness record…
1/
2/ (BC = Before Covid)
…for the largest carrolling group ever assembled. I was so excited to participate. I didn’t know the songs very well, and I probably have the worst singing voice of anyone who ever enjoyed singing. Like American-Idol outtakes bad.…
3/ A large group was appealing, so I started practicing a bit…
Then I checked the date: A Saturday afternoon.
Shabbat.
Not walking distance, back when I was trying not to drive on Shabbat…
I said, “Nu, that’s not very inclusive of all the shomer Shabbat carrollers.”
Hint: The unitary exec theorists misquoted Blackstone to claim one of these.
Somehow, I keep finding evidence to the contrary.
Please tell Roberts, Kavanaugh, and Thomas that originalists are just making stuff up, so maybe they should be less sanctimonious against Roe & privacy.
If Trump wins a second term, I hope people understand how Cy Vance, Eric Schneiderman, Tish James and the corrupt Cuomo NY Democratic Machine enabled him all along the way.