Attorney General William Barr is coming under increasing fire from congressional Democrats for statements he made before the release of the Mueller report. Critics say the remarks purposefully downplayed how damaging special counsel Robert Muellerās report was for President Donald Trump.
House Judiciary Committee Chair Jerrold Nadler, D-N.Y., said Friday morning that his committee has issued a subpoena to the Justice Department to obtain the full, unredacted report. The subpoena demands that the Justice Department turn over the report by May 1. Nadler also asked Mueller to testify before his committee. āIt is clear Congress and the American people must hear from Special Counsel Robert Mueller in person to better understand his findings,ā Nadler said.
The subpoena comes in the wake of the Justice Departmentās release of a redacted version of the Mueller report on Thursday. The redacted version was made public only after Barr gave a press conference early in the morning, in which he sought to claim that the report effectively exonerated Trump and those around him. That press conference followed an earlier statement Barr issued on March 24, in the form of a four-page letter that claimed to summarize Muellerās findings. Critics said both his press conference and the four-page letter were part of Barrās attempt to whitewash the Mueller reportās findings and spin the public narrative about the report before it was actually released.
In a joint statement Thursday after the reportās release, House Speaker Nancy Pelosi, D-Calif., and Senate Minority Leader Chuck Schumer, D-N.Y., charged that Barr ādeliberately distorted significant portions of Special Counsel Muellerās report.ā They added that Muellerās report āpaints a disturbing picture of a president who has been weaving a web of deceit, lies and improper behavior and acting as if the law doesnāt apply to him. But if you hadnāt read the report and listened only to Mr. Barr, you wouldnāt have known any of that because Mr. Barr has been so misleading.ā
Rep. Adam Schiff, the chair of the House Intelligence Committee and a California Democrat, said Thursday that Barr ādid a great disservice to the country by misrepresenting significant parts of the Mueller report, by attempting to put a positive spin for the president on the special counselās findings.ā
In the wake of the reportās release, other Democrats have called on Barr to resign, including Rep. Eric Swalwell, a California Democrat who is now running for president. Swalwell took to Twitter to attack Barr, yet another sign that Twitter has become the battlefield of choice for political combat in the Trump era.
āRussia attacked us,ā Swalwell wrote on Twitter. āThe #MuellerReport details a multiplicity of contacts b/w Russia & @realDonaldTrumpās team and that Trump; his team āmaterially impairedā the investigation. Yet, OUR Attorney General acts as Trumpās defense attorney. He canāt represent both. Barr must resign.ā
The differences between Barrās statements before the reportās release and the contents of the actual report were so striking that the New York Times did a whole story comparing, side-by-side, Barrās statements and the report.
In particular, most observers pointed to stark differences between Barrās statements and the section in the Mueller report concerning the possibility that Trump sought to impede the Trump-Russia inquiry and thus, might be guilty of obstruction of justice. In fact, the Mueller report makes it clear that a key reason Mueller did not seek to prosecute Trump for obstruction was a longstanding Justice Department legal opinion saying that the Justice Department canāt indict a sitting president. Barr omitted that part of Muellerās reasoning in his statements saying that Mueller hadnāt decided whether to charge Trump.
āNow that we have seen almost the entire report of more than 400 pages, we know Barr intentionally misled the American people about Muellerās findings and his legal reasoning,ā wrote Renato Mariotti, a former federal prosecutor and Politico columnist who unsuccessfully ran last year as a Democrat to be Illinois attorney general. āMuellerās report detailed extraordinary efforts by Trump to abuse his power as president to undermine Muellerās investigation,ā Mariotti added. āThe case is so detailed that it is hard to escape the conclusion that Mueller could have indicted and convicted Trump for obstruction of justiceāif he were permitted to do so. And the reason he is not permitted to do so is very clear: Department of Justice policy prohibits the indictment of a sitting president.ā
Barrās statements prior to the release of the report were also misleading when it came to the issues of Trump and Russian interference in the election.
Barrās statements prior to the release of the report, however, were also misleading when it came to the issues of Trump and Russian interference in the election. Barr discussed but did not linger on the portion of the report about the Russian cyberattacks against Hillary Clintonās campaign ā attacks that were designed to help Trump win the election. And Barr was disingenuous in the way he sought to cut and parse Muellerās report to make Trump look better on issues related to contacts and links between the Trump campaign and Russia.
The New York Times notes, among a number of examples, that in his March 24 letter, Barr lifted an exculpatory section of a sentence from the Mueller report while omitting the more damaging first part of the same sentence. Here is a paragraph from the Mueller report, with the portion of one sentence released by Barr in bold:
The [Russian] social media campaign and theĀ [Russian intelligence]Ā hacking operations coincided with a series of contacts between Trump Campaign officials and individuals with ties to the Russian government. [Muellerās] Office investigated whether those contacts reflected or resulted in the Campaign conspiring or coordinating with Russia in its election-interference activities. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired with the Russian government in its election interference activities.
In fact, the Mueller reportās findings on contacts between the Trump circle and Russia are extensive and damning. The report does not exonerate Trump or his campaign; instead, Mueller says he didnāt have enough evidence to bring criminal charges for conspiring with the Russians. The report states that āwhile the investigation identified numerous links between individuals with ties to the Russian government and individuals associated with the Trump Campaign, the evidence was not sufficient to support criminal charges. Among other things, the evidence was not sufficient to charge any Campaign official as an unregistered agent of the Russian government or other Russian principal.ā
āFurther,ā the report adds, āthe evidence was not sufficient to charge that any member of the Trump Campaign conspired with representatives of the Russian government to interfere in the 2016 election.ā But went on to say that the āinvestigation established that several individuals affiliated with the Trump Campaign lied to [Muellerās team] and to Congress, about their interactions with Russian-affiliated individuals and related matters. Those lies materially impaired the investigation of Russian election interference.ā
Far from vindicating Trump, the Mueller report leaves plenty of troubling questions unresolved for Congress and the press to investigate. Above all, the report shows that the Russians interfered in the election to help Trump win, and Trump was happy for the help.
Perhaps the most haunting moment recounted in the report occurred late on the night of the 2016 election, just after Trump had been declared the winner. Krill Dmitriev, who runs Russiaās sovereign wealth fund and is close to Russian President Vladimir Putin, received an email from someone whose name is redacted in the report. The email to Dmitriev said, simply, āPutin has won.ā
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