Opinion | Michael Conway: Mueller's report suggests if Trump weren't president, he would've been indicted. - NBCNewsTHINK
Despite Barr's initial contention that Mueller declined to recommend prosecution of the president for obstruction because of difficult issues regarding his actions and intent, the decision was foreordained by Mueller's explicit adherence to the Department of Justice Office of Legal Counsel's policy statement that a sitting president cannot be indicted. Mueller acknowledged that, as a department employee, he had to accept the legal conclusion of the department.
When viewed in the context of Mueller's reliance on a Justice Department policy that immunizes the president from criminal prosecution, the facts compellingly mustered in his report show the real criminal exposure that would be faced by any person who is not the president. President Trump did answer written questions, but none of those related to the obstruction of justice prong of the investigation. Mueller said that he had the authority to issue a grand jury subpoena for President Trump to testify under oath, but concluded that the ensuing legal fight would cause a"substantial delay" in completing his work. So Mueller gave up on trying to discern Trump's intent from the horse's mouth.
Still, even without Trump's testimony, Mueller acknowledged that circumstantial evidence could have supported an obstruction charge. And, contrary to William Barr's legal position, Mueller concluded that a person can criminally interfere with an investigation even if no underlying crime is ever proven.
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