Post by LFC on May 5, 2021 18:19:37 GMT
More on the secret memo to Barr on the strategy to not to prosecute Trump after the Mueller findings. Barr's DOJ had fought hard to keep it secret. The judge called bullshit.
The decision adds to the criticism federal judges and others have had about Barr and his handling of the end of the Mueller investigation. Jackson and others have repeatedly questioned Barr's motives to keep documents related to the investigation -- including Mueller's findings and Barr's reactions to them -- secret or by delaying their release.
"The agency's redactions and incomplete explanations obfuscate the true purpose of the memorandum, and the excised portions belie the notion that it fell to the Attorney General to make a prosecution decision or that any such decision was on the table at any time," Jackson wrote in a 35-page opinion released Tuesday.
"The fact that [Trump] would not be prosecuted was a given," she added.
"The agency's redactions and incomplete explanations obfuscate the true purpose of the memorandum, and the excised portions belie the notion that it fell to the Attorney General to make a prosecution decision or that any such decision was on the table at any time," Jackson wrote in a 35-page opinion released Tuesday.
"The fact that [Trump] would not be prosecuted was a given," she added.
Jackson's strongly worded opinion, though largely about technicalities around government confidentiality, comes close to accusing the Justice Department of a cover-up.
The judge wrote that while top DOJ officials prepared the legal opinion that gave Barr cover not to prosecute Trump, they simultaneously were emailing about a higher priority they had: to inform Congress the President was exonerated.
The Mueller probe thoroughly investigated several episodes where Trump tried to impede or end the inquiry into his campaign's ties to Russia. But the special counsel left the indictment decision to Barr and his top political appointees. Mueller partly found that Justice Department policy blocked the prosecution of a sitting President. After closing his office, Mueller later told to Congress that an ex-President could be prosecuted for obstruction, yet Barr had already reached a definitive conclusion in Trump's case.
Jackson reviewed closely how that decision came about, looking at court statements from department lawyers and internal emails between Barr's top advisers.
Justice Department officials' "affidavits [in court about the memo] are so inconsistent with evidence in the record, they are not worthy of credence," Jackson wrote.
Another federal judge previously slammed Barr in another public records case following the Mueller investigation, saying the attorney general had a "lack of candor" that was helpful to Trump politically when the then-attorney general told Congress and announced to the public what Mueller had found, without releasing Mueller's nearly 500-page report.
The judge wrote that while top DOJ officials prepared the legal opinion that gave Barr cover not to prosecute Trump, they simultaneously were emailing about a higher priority they had: to inform Congress the President was exonerated.
The Mueller probe thoroughly investigated several episodes where Trump tried to impede or end the inquiry into his campaign's ties to Russia. But the special counsel left the indictment decision to Barr and his top political appointees. Mueller partly found that Justice Department policy blocked the prosecution of a sitting President. After closing his office, Mueller later told to Congress that an ex-President could be prosecuted for obstruction, yet Barr had already reached a definitive conclusion in Trump's case.
Jackson reviewed closely how that decision came about, looking at court statements from department lawyers and internal emails between Barr's top advisers.
Justice Department officials' "affidavits [in court about the memo] are so inconsistent with evidence in the record, they are not worthy of credence," Jackson wrote.
Another federal judge previously slammed Barr in another public records case following the Mueller investigation, saying the attorney general had a "lack of candor" that was helpful to Trump politically when the then-attorney general told Congress and announced to the public what Mueller had found, without releasing Mueller's nearly 500-page report.