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"?
13/ I put together this thread into a @slate article:
slate.com/news-and-polit…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Jed Shugerman

Jed Shugerman Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @jedshug

Jan 28
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:
Read 5 tweets
Jan 25
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:
Read 6 tweets
Jan 5
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" Image
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.
Read 6 tweets
Dec 24, 2021
A very merry Christmas to all who celebrate!

(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.”
Read 4 tweets
Dec 22, 2021
The Royal Prerogative, according to Blackstone, included which of the following:
A prerogative to...

(H/t @ShaniaTwain, @KingBobbyBrown, @jdmortenson)
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.
I love that a wrong answer is in the lead.
I found more evidence in Aylmer, The King’s Servants, including this page.
He says each question was posed as a “yes, obviously”
Cc: @BlakeProf @MJSteilen @petermshane @narosenblum @Jane_C_Manners @LevMenand @ArsScripta @gauthamrao
Read 4 tweets
Dec 13, 2021
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.
2. Eric Schneiderman was too scared to go after Trump.
Wonder why.
newyorker.com/news/news-desk…
Read 4 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(