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Excerpts from Statement By Former Federal Prosecutors (emboldening and formatting by Xelor)
Five days ago (May 6, 2019), 426 former federal prosecutors had signed the letter. As I write this post, over 800 former federal prosecutors who served in the DoJ during the Kennedy-to-Trump Administrations have signed the letter from which the above excerpts come. Just to put that 800+ figure in perspective, there are 94 US Attorneys districts/offices, which are the only offices from which DoJ federal prosecutor come.
To sum up: More former federal prosecutors than one can "shake a stick at" concur unequivocally that the US currently has an unindicted felon as its President. Period.
We are former federal prosecutors. We served under both Republican and Democratic administrations....at the Department of Justice.
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. These include:
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. These include:
[*=1]The President’s efforts to fire Mueller and to falsify evidence about that effort
[*=1]Firing Mueller would have seriously impeded the investigation of the President and his associates — obstruction in its most literal sense. Directing the creation of false government records in order to prevent or discredit truthful testimony is similarly unlawful.
[*=1]The President’s efforts to limit the scope of Mueller’s investigation to exclude his conduct
[*=1]The report describes multiple efforts by the president to curtail the scope of the Special Counsel’s investigation. As the report explains, "ubstantial evidence indicates that the President’s effort to have Sessions limit the scope of the Special Counsel’s investigation to future election interference was intended to prevent further investigative scrutiny of the President’s and his campaign’s conduct" — in other words, the President employed a private citizen to try to get the Attorney General to limit the scope of an ongoing investigation into the President and his associates.
All of this conduct — trying to control and impede the investigation against the President by leveraging his authority over others — is similar to conduct we have seen charged against other public officials and people in powerful positions.
[*=1]The President’s efforts to prevent witnesses from cooperating with investigators probing him and his campaign.
[*=1]The Special Counsel’s report establishes that the President tried to influence the decisions of both Michael Cohen and Paul Manafort with regard to cooperating with investigators. Some of this tampering and intimidation...was done in plain sight via tweets and public statements [and some] was done via private messages through private attorneys.
Of course, these aren’t the only acts of potential obstruction detailed by the Special Counsel. It would be well within the purview of normal prosecutorial judgment also to charge other acts detailed in the report.
We emphasize that these are not matters of close professional judgment...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.
As former federal prosecutors, we recognize that prosecuting obstruction of justice cases is critical because unchecked obstruction — which allows intentional interference with criminal investigations to go unpunished — puts our whole system of justice at risk. We believe strongly that, but for the OLC memo, the overwhelming weight of professional judgment would come down in favor of prosecution for the conduct outlined in the Mueller Report.
We emphasize that these are not matters of close professional judgment...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.
As former federal prosecutors, we recognize that prosecuting obstruction of justice cases is critical because unchecked obstruction — which allows intentional interference with criminal investigations to go unpunished — puts our whole system of justice at risk. We believe strongly that, but for the OLC memo, the overwhelming weight of professional judgment would come down in favor of prosecution for the conduct outlined in the Mueller Report.
Five days ago (May 6, 2019), 426 former federal prosecutors had signed the letter. As I write this post, over 800 former federal prosecutors who served in the DoJ during the Kennedy-to-Trump Administrations have signed the letter from which the above excerpts come. Just to put that 800+ figure in perspective, there are 94 US Attorneys districts/offices, which are the only offices from which DoJ federal prosecutor come.
To sum up: More former federal prosecutors than one can "shake a stick at" concur unequivocally that the US currently has an unindicted felon as its President. Period.