Furthermore, there is some language in the report indicating Mueller’s internal thinking. Mueller apparently was conflicted because of the difficulty of the evidence itself.
Other experts disagree.
He was conflicted on
some of the evidence, but really there was plenty solid evidence to push it over the top. At least one former federal prosecutor, Elie Honig, was asked if Trump wasn't the president, would he be prosecuted based on the evidence Muller uncovered? Her answer was...
Former Federal Prosecutor said:
"Yes, but they're not going to charge the President. It's a strong obstruction case."
He was conflicted on some of the evidence, but really there was plenty solid evidence to push it over the top.
What “expert” said the evidence in the report was “plenty, solid evidence to push it over the top”?
Oh, one former federal prosecutor. Okay. Hardly convincing. This prosecutor has s particular opinion. A plethora of other former prosecutors, professors, have a contrary view. No surprise.
So, whose right? The people who are right are those whose opinion is best supported by the evidence in the report, and the rational inference and sound logical judgments to be made from that evidence.
So, as an example, Mueller, in focusing upon the various actions by the President, uses the word “relevant” in describing some of the evidence. That’s hardly compelling. Even the WEAKEST evidence is relevant. And in assessing whether I personally have a strong evidentiary case, I’m not lauding the fact I have “relevant” evidence. Every darn case has relevant evidence and it isn’t worth a penny if the evidence does not amount strongly supporting my charges.
Elsewhere, he says the evidence “suggests” something specific. Again, if Mueller is telegraphing or desiring to send the message he has a “strong” case, then he’s using less than convincing wording.
In looking at some of the evidence, there are some 1Ls who could create reasonable doubt. For instance, and I paraphrase, the evidence of Trump telling Comey he “hopes” Comey can see to letting it go, “it” referring to Flynn investigation, is ambiguous evidence regarding intent. The counterargument is Trump expresses a mere desire to Comey and as President, he has the constitutional authority to suggest what should or shouldn’t be investigated.
Now that’s just one specific example, but the evidence in the report does, as AG Barr noted, have significant flaws in demonstrating Trump obstructed justice.
Even Mueller tells the reader, after scrutinizing the evidence, tells the reader the Report doesn’t conclude Trump committed a crime of obstruction. Mueller is very much ambivalent as to whether Trump obstructed justice.
Mueller doesn’t have enough evidence to make him comfortable enough to decide Trump did obstruct. However, some of the evidence is incriminating, which also makes him unable to say Trump did not commit a crime.
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