On the other hand, WTF?

At 11 pm last night, in the last hour to do so, Merrick Garland’s DOJ appealed a federal judge’s order to produce the full nine page memo that Bill Barr “disingenuously” classified as a protected, deliberative memo he used to make his decision to dismiss the findings of the Mueller Report. The judge, who’d read the memo, ruled that it had been produced as a mere a rationale, for the decision Barr was determined to make regarding the Mueller Report since auditioning for the Attorney General job. Curiously, and shedding doubt on Barr’s story, it was dated the same day Barr wrote his immediate, misleading letter to Congress about Mueller’s findings.

Think back through the intense shit storm that was Trump’s term as president. After Mr. Trump’s cruel disappointment with Attorney General Jeff Sessions, his first mainstream supporter, who, with complete disregard for his duty of loyalty to the president, honored an DOJ ethics ruling and recused himself from supervising the investigation into a matter he’d lied about his involvement in, the president got a beautiful audition memo from William Pelham Barr.

Barr’s position in the legal memo was that Mueller’s witch hunt was basically illegal from the git-go and that the AG, under current law, could therefore dismiss its findings. Trump loved it and hired Barr (who had both gravitas and experience in creatively covering up likely presidential crimes, as he had at the end of the George HW Bush administration) to take over from Sessions’s interim replacement, an angry weight lifter in over his head.

Barr distorted the findings of the Mueller Investigation (which concluded they could not exonerate Trump on ten counts of Obstruction of Justice), essentially carrying out his promise to Mr. Trump (quid pro… never mind). Recently a federal judge found that the memo he’d classified, a supposedly “deliberative” memo (again, prepared the same day as Barr’s misleading letter to Congress announcing that Mueller had basically exonerated Trump) was, in fact, a legal fig leaf to give the illusion of deliberation to a decision Barr had made before Trump hired him. “Disingenuous,” wrote Judge Amy Berman Jackson, ruling that the DOJ must produce the full memo — or appeal it by midnight May 25 (George Floyd Day).

In the last hour available to do so, Merrick Garland’s DOJ appealed the judge’s decision that the DOJ must produce the un-redacted memo. The DOJ released the first one and a half pages of the nine page memo, followed by seven and a half black pages.

Scroll to the bottom of the black pages of the memo and you are rewarded with this, the top of the un-readacted final page:

What the fuck?

Take it, Grey Lady:

“Although the special counsel recognized the unfairness of levying an accusation against the president without bringing criminal charges, the report’s failure to take a position on the matters described therein might be read to imply such an accusation if the confidential report were released to the public,” wrote Steven A. Engel and Edward C. O’Callaghan, two senior Trump-era Justice Department officials [in the last paragraph of the un-redacted section of the Barr DOJ’s controversial memo — ed]

The Mueller report itself — which Mr. Barr permitted to become public [1] weeks after his letter to Congress had created an impression that the fruits of Mr. Mueller’s inquiry cleared Mr. Trump of obstruction — detailed multiple actions by Mr. Trump that many legal specialists say were clearly sufficient to ask a grand jury to consider indicting him for obstruction of justice.

Those actions included attempting to bully his White House counsel, Donald F. McGahn II, into falsifying a record to cover up an earlier attempt by Mr. Trump to fire Mr. Mueller, and dangling a potential pardon at Mr. Trump’s former campaign chairman, Paul Manafort, to encourage him not to cooperate with investigators.

The new Justice Department filing also apologized for and defended its Barr-era court filings about the memo, which Judge Amy Berman Jackson had labeled “disingenuous,” saying that they could have been written more clearly but were nevertheless accurate….

“The government acknowledges that its briefs could have been clearer, and it deeply regrets the confusion that caused,” the Justice Department said. “But the government’s counsel and declarants did not intend to mislead the court, and the government respectfully submits” that any missteps still did not warrant releasing the entire memo.

Mr. Barr’s claim — which he made weeks before releasing the Mueller public [sic] — that the evidence gathered showed that Mr. Trump did not commit a chargeable offense of obstruction has been widely criticized as deeply misleading.


What the bloody hell?

See? Completely partisan witch hunt!


Would it not have been more accurate, NY Times, rather than this:

which Mr. Barr permitted to become public weeks after his letter to Congress had created an impression that the fruits of Mr. Mueller’s inquiry cleared Mr. Trump of obstruction

to state:

that Mr. Barr prevented publication of, including Mueller’s executive summaries, for weeks after he misleadingly dismissed the findings?

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