Sen. Lindsey Graham on Sunday said he doesn’t care if President Donald Trump told then-White House counsel Don McGahn to fire special counsel Robert Mueller — the Mueller investigation is over.
“It’s all theater — it doesn’t matter,” the South Carolina Republican told “Face the Nation” host Margaret Brennan. “I don’t care what he said to Don McGahn — it’s what he did. The president never obstructed.”
More than 450 former federal prosecutors who worked in Republican and Democratic administrations have signed on to a statement asserting special counsel Robert S. Mueller III’s findings would have produced obstruction charges against President Trump — if not for the office he holds.
The statement — signed by myriad former career government employees as well as high-profile political appointees — offers a rebuttal to Attorney General William P. Barr’s determination that the evidence Mueller uncovered was “not sufficient” to establish that Trump committed a crime.
.. “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 former federal prosecutors wrote.
.. Among the high-profile signers are Bill Weld, a former U.S. attorney and Justice Department official in the Reagan administration who is running against Trump for the Republican presidential nomination; Donald Ayer, a former deputy attorney general in the George H.W. Bush administration; John S. Martin, a former U.S. attorney and federal judge appointed to his posts by Republican presidents; Paul Rosenzweig, who served as senior counsel to independent counsel Kenneth W. Starr; and Jeffrey Harris, who worked as the principal assistant to Rudolph W. Giuliani when he was at the Justice Department in the Reagan administration.
.. The list also includes more than 20 former U.S. attorneys and more than 100 people with at least 20 years of service at the Justice Department — most of them former career officials. The signers worked in every presidential administration since that of Dwight D. Eisenhower.
.. Weld said by the time he reviewed the statement, it already had more than 100 signatures, and he affixed his name because he had concluded the evidence “goes well beyond what is required to support criminal charges of obstruction of justice.”
“I hope the letter will be persuasive evidence that Attorney General Barr’s apparent legal theory is incorrect,” he said.
.. Many legal analysts have wondered since Mueller’s report was released whether the special counsel believed he had sufficient evidence to charge Trump and was just unwilling to say it out loud.
By the report’s account, Trump — after learning he was being investigated for obstruction — told his White House counsel to have Mueller removed. And when that did not work, according to Mueller’s report, Trump tried to have a message passed to then-Attorney General Jeff Sessions to limit the scope of Mueller’s authority. Of that episode, Mueller’s team wrote there was “substantial evidence” to indicate Trump was trying to “prevent further investigative scrutiny” of himself and his campaign.
.. They wrote that prosecuting such cases was “critical because unchecked obstruction — which allows intentional interference with criminal investigations to go unpunished — puts our whole system of justice at risk.”
.. After receiving Mueller’s report, Barr said he and Deputy Attorney General Rod J. Rosenstein reviewed the case themselves and determined the evidence was not there. He offered a robust defense of that decision at a recent congressional hearing, detailing for lawmakers possible defenses Trump could have raised in each episode.
“The government has to prove things beyond a reasonable doubt,” Barr said. “And, as the report shows, there’s ample evidence on the other side of the ledger that would prevent the government from establishing that.”
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