A fascinating behind-the-scenes look at legal maneuvering between Attorney General Barr, before he became Attorney General, and Robert Mueller. From Will Chamberlain at humanevents.com:
When the Mueller Report was released on April 18th, most commentators focused on the “explosive” factual allegations. But other than the shocking revelation that the President once used an expletive in private, very few of those facts were novel; most were leaked long ago.
At the end of Volume II of the Mueller Report, however, there were 20 pages of genuinely new material.
There, the former FBI director turned Special Counsel Robert Mueller defended his “Application of Obstruction-Of-Justice Statutes To The President.” These overlooked 20 pages were dedicated to defending Mueller’s interpretation of a single subsection of a single obstruction-of-justice statute: 18 U.S.C. § 1512(c)(2).
That’s quite strange, but you know what’s stranger still?
In June 2018, Bill Barr, then in private practice at Kirkland & Ellis, wrote a detailed legal memorandum to Deputy Attorney General Rod Rosenstein. This memo came to light in December, when Barr was nominated for Attorney General.
The subject was Mueller’s interpretation of the aforementioned 18 U.S.C. § 1512(c)(2).
When Barr’s memo first appeared, prominent liberal legal commentators were perplexed. Georgetown Law professor Marty Lederman wrote at Just Security:
“[T]he first huge and striking problem with Barr’s memo is that he unjustifiably makes countless assumptions about what Mueller is doing…From all that appears, Barr was simply conjuring from whole cloth a preposterously long set of assumptions about how Special Counsel Mueller was adopting extreme and unprecedented-within-DOJ views about every pertinent question and investigatory decision.”
