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My take on the Mueller report's application of the presidential clear statement rule. lawfareblog.com/mueller-report…
A dense analysis with three takeaways: (1) Mueller report badly misapplied the clear statement rule. It construed an exception to the rule to swallow the rule and exposed POTUS to much great potential criminal liability than appropriate.
(2) A proper application of the clear statement rule makes it uncertain whether the obstruction investigation was properly predicated at the outset.
(3) The decision against “traditional prosecution or declination” allowed Mueller to avoid an “investigative or prosecutorial step” that, under regs, Barr could have reviewed, identify the step's faulty legal basis, & rule that “it should not be pursued.”
