Wednesday, May 08, 2019

Acts That Satisfy

Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller's report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.

The Mueller report describes several acts that satisfy all of the elements for an obstruction charge: conduct that obstructed or attempted to obstruct the truth-finding process, as to which the evidence of corrupt intent and connection to pending proceedings is overwhelming.

In our system, every accused person is presumed innocent and it is always the government's burden to prove its case beyond a reasonable doubt.  But, to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice -- the standard set out in Principles of Federal Prosecution -- runs counter to logic and our experience.

-- DOJ Alumni Statement, signed by 803 (and counting) former federal prosecutors, contesting the judgement of US Attorney General William Barr in his handling of the Mueller report, Washington Post, 6 May 2019

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