Be wary of partisans cherry-picking from the results of Mueller’s investigation

We can’t have any illusions about about Attorney General William Barr’s summary of the Mueller report, it’s already good news for President Trump.

But it isn’t all good news. That’s why you should be wary of partisans on both sides who are choosing to see what they want to see. That includes Trump himself.

The president is right that, according to Barr’s summary of Mueller’s report, there was no collusion:

The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 U.S. presidential election. As the report states: ‘[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.’

That seems pretty clear, and Trump certainly has plenty to be happy about in those words.

But, did Trump illegally obstruct the investigation? Mueller’s report contradicts Trump’s claim of “total exoneration.” As Barr’s summary notes, Mueller explicitly declined to exonerate Trump on obstruction of justice:

[T]he report sets out evidence on both sides of the question and leaves unresolved what the Special Counsel views as ‘difficult issues’ of law and fact concerning whether the President’s actions and intent could be viewed as obstruction. The Special Counsel states that ‘while this report does not conclude that the President committed a crime, it also does not exonerate him.’

That’s a far cry from the “No Obstruction, Complete and Total EXONERATION” that Trump boasted about on Twitter. The only decision on obstruction was made behind closed doors at the Department of Justice. As Barr put it, “Deputy Attorney General Rod Rosenstein and I have concluded that the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense.”

That is far more cautious language, presenting a conclusion that, importantly, hinges solely on how two specific officials viewed the evidence uncovered.

Moreover, Barr’s letter seems to indicate that this determination heavily relies on the evidence supporting an underlying crime rather than the obstruction charges itself. Indeed, Barr writes:

In making this determination, we noted that the Special Counsel recognized that ‘the evidence does not establish that the President was involved in an underlying crime related to Russian election interference,’ and that, while not determinative, the absence of such evidence bears upon the President’s intent with respect to obstruction.

In short, Barr’s explanation leaves open the possibility that Trump’s actions — the firing FBI Director James Comey, the repeated blasting of then-Attorney General Jeff Session for recusing himself from the investigation, and witness tampering with public comments about Michael Cohen and others cooperating with prosecutors — could be considered obstruction of justice. The letter only means that Barr and Rosenstein didn’t see them as acts as obstruction that could be proved in court or in an indictment.

Of course, Trump is not alone in cherry-picking from Barr’s letter. And even then, Barr’s summary itself may be cherry-picked from Mueller’s report. Until Mueller’s words actually come out, we’ll be playing this game a bit longer. This is all the more reason why the full report, with appropriate redactions, should be promptly released to the public.

[Also read: Barr teases hidden pieces to the Trump obstruction puzzle]

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