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2/ The OLC opinion concerns indicting the *sitting* President. But, in theory at least, the President could be prosecuted after his term concludes. The special counsel could--and indeed was required--to make a prosecutorial decision. Barr still doesn't understand Mueller's choice 
3/ Barr also reiterates a point he made during his first press conference: DOJ is not an "adjunct to Congress."
4/ Mueller stated that the criminal justice system is not the *only* relevant forum. In other words, he views his own report, in part, as informing Congress and the public. I highlighted this point on @lawfareblog lawfareblog.com/special-counse…
5/ Barr also explains, with clarity, his understanding of the Article II problem: "as a matter of law the obstruction statutes do not reach facially valid exercise of core presidential authority"
6/ Barr also highlights that, with respect to firing Comey, there was not corrupt intent: "the president's frustration with Comey saying something publicly and saying a different thing privately and refusing to correct the record"
7/ Barr highlights, indirectly, a concern that is usually disregarded: allegations that the President violated the law have serious effects at home and abroad on the "economy," "foreign relations," and with "serious adversaries."
8/ The President's decision to exercise supervisory power over an investigation, to avoid those foreign policy concerns, is itself an exercise of Article II power. This premise explains why using the obstruction statute to limit the President's powers is so fraught.
9/ Barr also repeats his claim that Mueller's letter, rather than a phone call, was "snitty and staff-driven." The implication here is that the lawyers on the team were pushing Mueller to reach a certain conclusion. (Think of Ken Starr's young-guns back in the 1990s)
10/ Barr also states, several times that had Mueller redacted the grand jury material, then there would not have been a need to release the 4-page report. Here, the blame lies with Mueller, not Barr.
11/ Barr offers a very pointed concern about the "Praetorian Guard mentality' where people in government "identify the national interest with their own political preferences." Pratetorian Guard sounds much better than #Resistance, or even "Dumbledore's Army."
12/ Barr also indirectly explained why the "corrupt" element is so difficult to apply. He said "w/ official government contact, intent is frequently a murky issue...Sometimes people can convince themselves that what they're doing is in the higher interest, the better good. "
13/ Barr made a wonderful faux-pax (or is it a Freudian slip): "what basis there was for launching counterintelligence activities against a political campaign, which is the core of our second amendment- I'm sorry, the core of our first amendment liberties in this country"
14/ Barr does confirm he is not on Twitter, but "every once in a while a [POTUS] tweet is brought to my attention" /end.
15/ Some people have suggested that Barr's interview contradicted his testimony before Congress:
16/ Here is the full quote: "It was the views of a particular lawyer or lawyers and so we applied what we thought was the right law but then we didn't rely on that." He didn't rely on DOJ's own analysis.
16/ Moreover, read Barr's full answer, as well as his previous answer. When he said "we applied what we thought was the right law," he was not talking about Mueller's legal analysis concerning obstruction. Barr was referring to the decision whether POTUS should be prosecuted
17/ As a general matter, I am very hesitant to carefully parse interviews with the news media. For example, Barr would frequently begin his answers with "Right," but I don't think he was answering yes to Crawford's questions.
18/ Consider two ways to read this sentence:
It was the views of a particular lawyer or lawyers and so we applied what we thought was the right law but then we didn't rely on that.
It was the views of a particular lawyer or lawyers and so we applied what we thought was the right law but then we didn't rely on that.
19/ (a) Barr "applied what we thought was the right law" (DOJ's interpretation) "but then we did't rely on that (DOJ's interpretation).
(b) (a) Barr "applied what we thought was the right law" (DOJ's interpretation) "but then we did't rely on that (Mueller's interpretation).
(b) (a) Barr "applied what we thought was the right law" (DOJ's interpretation) "but then we did't rely on that (Mueller's interpretation).
20/ Barr's use of the word "that" makes it unclear which subject he was referring to. In my own writing, I reject any effort to use "this" or "that" because it breed ambiguity. I will cut the AG some slack in a media interview.
21/ Indeed, this debate about the meaning of "that" is flashing me back to "We all know what that means." lawfareblog.com/irap-v-trump-a…
23/ I no longer react to any quote or excerpt until I see the full transcript. Reporters push out hot-quotes. Professors then develop elaborate theories about how the Attorney General committed perjury. And thousands of people retweet. Corrections, if they ever come, are ignored.
