Thread by @MuellerSheWrote

THREAD: BARR MEMO: in summary, this newly-released memo by Barr and friends about Donald obstructing the Mueller probe relies on prosecutorial discretion based on legal falsehoods. A complete whitewash of the crimes committed by Donald 1/

First, they argue that you can’t charge obstruction if there’s no underlying crime they’re trying to obstruct. That’s patently false. It would be like saying if I hid evidence from cops about an attempted crime, that’s totally cool. It’s not. 2/

They also argue that because people didn’t go along with his obstruction that it’s not obstruction. ALSO false. That would be like if I told the getaway driver to blow up the bank and they didn’t, I’m off the hook. 3/

NEXT, Barr argues that Donald telling McGahn to deny press reports isn’t obstruction because trump honestly believed the press lied. No discussion about the fact that the didn’t. Ridiculous. 4/

Also, they argue that this would be a rare case so they wouldn’t be able to obtain and maintain a conviction, and that charging him would mean we could charge anyone who breaks the law. Uh, yeah. They also ADMIT there doesn’t have to be an underlying crime. 5/

It is OF NOTE that Garland could have appealed to the full circuit or SCOTUS and asked for a stay pending appeal, but he DID NOT. Nor did he carry Barr’s “atty-client” privilege banner, nor did he make additional arguments for keeping it sealed. END/