Barr says Mueller "could've reached a decision" on whether Trump obstructed
justice


Tune in to "CBS This Morning" on Friday, May 31, for the full interview with
Attorney General William Barr.

Attorney General William Barr said he believes special counsel Robert
Mueller could have reached a decision on whether President Trump committed
obstruction of justice, regardless of long-standing Justice Department
policy that prohibits the indictment of a sitting president. 

In his first network interview since being sworn in, Barr said the special
counsel, who gave a rare public statement
<https://www.cbsnews.com/live-news/robert-mueller-statement-today-report-inv
estigation-trump-2016-election-live-updates-2019-05/>  Wednesday reiterating
some of the key findings in his more than 400-page report, could have
concluded the president broke the law without actually charging him — or
cleared him of wrongdoing.

"I personally felt he could've reached a decision," he told CBS News chief
legal correspondent Jan Crawford during an exclusive interview in Anchorage,
Alaska, on Thursday.

"The opinion says you cannot indict a president while he is in office, but
he could've reached a decision as to whether it was criminal activity," Barr
added. "But he had his reasons for not doing it, which he explained and I am
not going to, you know, argue about those reasons."

Barr responds to criticism he's protecting Trump 

When he became aware that Mueller would not make a determination in his
obstruction of justice probe — which investigated 11 instances
<https://www.cbsnews.com/live-news/mueller-report-release-william-barr-press
-conference-today-full-report-download-read-2019-04-18/>  in which Mr. Trump
tried to derail the Russia investigation — Barr said he and Deputy Attorney
General Rod Rosenstein "felt it was necessary" for them to make a decision
on the issue. 

In a letter to Congress after Mueller submitted his report, Barr said he and
Rosenstein concluded that the nearly two-year investigation did not contain
sufficient evidence to establish Mr. Trump obstructed justice. 

On Wednesday, Mueller said bringing criminal charges against the president
was not an option since the special counsel's office was part of the Justice
Department and bound by its policies — including a legal opinion barring the
indictment of a sitting president.

Mueller also ruled out the possibility of issuing a sealed indictment or
making an accusation of criminality without pursuing formal charges. If a
sealed indictment became public, it could undermine the president's ability
to govern, and making an accusation without bringing charges would not give
the president the chance to clear his name in court.

Mueller said the U.S. Constitution "requires a process other than the
criminal justice system to formally accuse a sitting president of
wrongdoing." Many Democrats said the special counsel's remarks represented a
referral of his investigation to Congress, which has the power to impeach
and remove a president from office. 

Barr said Thursday he did not know what Mueller was "suggesting" in his
statement. 

"The Department of Justice doesn't use our powers of investigating crimes as
an adjunct to Congress," he added. 

Asked about accusations that he has been shielding the president from
scrutiny since taking office, Barr said he expected the flurry of criticism,
which he noted "goes with the territory of being attorney general in a
hyper-partisan period of time."

"The Department of Justice is all about the law, and the facts and the
substance," he said. "And I'm going to make the decisions based on the law
and the facts and I realize that's in tension with the political climate we
live in because people are more interested in getting their way
politically."

© 2019 CBS Interactive Inc. All Rights Reserved. 

EM         -> { Trump for 2020 }

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                    Kuungana Mulindwa Mawasiliano Kikundi
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