, 6 tweets, 2 min read Read on Twitter
Treat this document with caution. It may have come out of Mueller’s “office,” but not clearly from Mueller himself. This is not written like an official statement, and Mueller deliberately did not give this message live. This may be a freelancing Mueller team member.
2/ This document is bizarre. It is just three direct quotes. No letter formatting, no context. Is the implication that Barr's statement was wrong? False?
Barr's statement here is not shown to be false.
(I can't believe I'm defending Barr, but fair is fair.)
3/ The key statement in Barr's answer: "We specifically asked [Mueller] about the OLC opinion and whether or not he was taking a position that he would have found a crime but for the existence of the OLC opinion." Barr says Mueller said no.
This is consistent with the report...
4/ "But for" the OLC memo, would Mueller have indicted Trump or found a felony?
Not in this document, but at Vol 2, p. 1:
"And *apart* from OLC's constitutional view, **we recognized** that a federal
criminal accusation against a sitting President would place burdens..."
5/ That sentence has a footnote: a direct citation to the Constitution, and only a "cf." citation to OLC.
cf. is short for Latin confer/conferatur, meaning "compare." This is not reliance on OLC, but making the substantive Constitutional argument.
But today's doc left this out.
6/ This document was trying to show contradictions between Mueller and Barr. In the passage from today's press conference, Mueller explicitly relied on the DOJ policy, making Barr look bad. Its passage from the Report emphasized the effect of DOJ policy - making Barr look bad.
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