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My new one @Slate: How Mueller’s Unknown Reasoning Could Endanger American Democracy in 2020 slate.com/news-and-polit…
And here is the start of a thread on my observations about the Barr letter: /1
So the @Slate piece explains the concerns raised by the Mueller report about what's going to be allowed in the 2020 elections in terms of foreign interference. We need the report itself to clarify what's kosher. But I have a number of other takeaways. /2
First Barr report takeaway.
We had a concerted effort at interference in the 2016 election by forces in the hostile Russian government. This is a point which is indisputable, but one which the President has rejected or only grudgingly and halfheartedly acknowledged. /3
Second Barr report takeaway:
Despite strong evidence of Russian interference in the election, Trump himself was found to have not been involved. His central claim of "no collusion" by him has proven correct, and it will feed into Trump's claims of deep state/media bias /4
Third Barr report takeaway:
Mueller found no coordination/cooperation among Trump team, despite what we know about the Trump Tower June 2016 meeting, raising some serious questions that only the full report can answer about why he so concluded: /5
Fourth Barr letter takeaway:
Given Trump's rejection of claims of Russian interference, and a possible questionable legal interpretation of foreign interference and coordination, we have a lot to fear for 2020 elections /6
Fifth Barr letter takeaway:
On the question of foreign interference, don't forget that Mueller declined to indict Roger Stone for violating campaign finance laws with his Wikileaks contacts, despite charging him with other crimes /7 slate.com/news-and-polit…
Sixth Barr letter takeaway:
Ultimately, many Trump opponents were overly optimistic about the chances that campaign finance charges involving Don Jr., Manafort, Stone, and others would lead to Trump and bring down the Trump presidency, and this will have a backlash /8
Seventh Barr letter takeaway:
Ultimately, on the campaign finance charges, SDNY proved much more aggressive in their campaign finance theories than Mueller ever was. It's possible Trump can/might already be indicted (sealed) for the Stormy Daniels hush money payments but... /9
...if there is an indictment of the President on these charges, my sense is these will be sealed until after his Presidency is over. I also think the hush money charges raise too many thorny legal questions to present a basis for impeachment. electionlawblog.org/?p=102839 /10
8th Barr letter takeaway:
and this now leads us to the obstruction charges.
First, Trump's claim of complete "exoneration" is wrong. Barr explains that Mueller punted, and expressly did not see exoneration. /11
9th Barr letter takeaway:
Mueller's punt was irresponsible. He knew that Barr would be seen, fairly or not, as a Trump protector. And Rosenstein too was under tremendous pressure with earlier 25th amendment talk. Mueller was most insulated and we should have had his judgment /12
10th Barr letter takeaway:
The only defense for Mueller's actions here is that the failure to decide all but guarantees political pressure to see the full report, and there Mueller might lay out a case that while sold as equivocal, damns Trump and opens door to impeachment /13
11th Barr letter takeaway:
Trump's lawyers are gloating that they resisted Mueller taking Trump's oral testimony under oath. This sets a terrible precedent for the future for presidents accused of wrongdoing, Unclear why he did not have this fight. /14
12th Barr letter takeaway:
Hard to see how this doesn't strengthen Trump politically, at least in the short run (until report issues). Headline is no collusion, no more indictments. Trump surrounded himself with criminals but he's not been shown here to be a criminal himself /15
Final Barr letter takeaway:
This was only a partial victory for the rule of law. Yes Mueller was able to finish, but only after relentless (unnecessary) attacks on him, his staff, the FBI and others. Trump may be innocent but he's shown terrible authoritarian tendencies. 16/16
And I'll be back @slate tomorrow with some thoughts on the partisan gerrymandering cases being heard Tuesday at #SCOTUS and Chief Justice John Roberts.
And here it is, as promised yesterday:
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