Later this week, Attorney General William Barr is expected to release a redacted version of Robert Mueller’s report on Russian interference in the 2016 election. In his 4-page summary of the 400-odd-page report, Barr noted that the special counsel “did not establish that members of the Trump Campaign conspired or coordinated with the Russian government,” but did not come to a conclusion about whether the president had obstructed justice. That Barr took it upon himself to clear Donald Trump of obstruction, even though Mueller had not, raised a number of questions about how closely the A.G. had hewed to the spirit of the report, and whether he’d put his own Trump-supporting spin on it—questions that increased after members of Mueller’s team reportedly expressed frustration that Barr had shortchanged their work. And according to new insight from law professor Ryan Goodman, it seems those questions are entirely reasonable!
Goodman quotes professor Jeanne Woods, who wrote in a 1996 Boston University law journal that “Barr’s congressional testimony attempted to gloss over the broad legal and policy changes that his written opinion advocated.”
As Goodman told the Post on Monday, the 1989 situation “breeds a lot of distrust of relying on Barr’s assurances that he’s handling this process in a way that’s faithful to the principles that he’s announced and will let the public know what the public should know.” Asked if he believed Barr acted in good faith at the time, Goodman said, “I think it’s difficult to imagine that Barr didn’t know what he was doing in failing to inform the Congress that he had concluded that the president of the United States could violate the U.N. Charter. In fact, that proposition has proved to be highly controversial ever since the O.L.C. opinion was publicly released and significant executive branch practice turns on that proposition.”
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