Appeals court orders release of key memo Bill Barr used to justify refusal to prosecute Trump in Mueller probe
The Department of Justice must release a full copy of a March 2019 memo supporting then-attorney general William Barr's conclusion that Donald Trump should not be prosecuted in the Russia investigation.
The District of Columbia Circuit court affirmed a 2021 decision by U.S. District Court Judge Amy Berman Jackson ordering the release of the Justice Department memo, which concluded the former president should not be prosecuted for obstruction of justice by special counsel Robert Mueller.
"The court determined that the Department had failed to carry its burden to show the deliberative-process privilege applied," the appeals court found. "In particular, the court held that the Department had not identified a relevant agency decision as to which the memorandum formed part of the deliberations. The Department’s submissions, the court explained, indicated that the memorandum conveyed advice about whether to charge the President with a crime. But the court’s in camera review of the memorandum revealed that the Department in fact never considered bringing a charge."
"Instead, the memorandum concerned a separate decision that had gone entirely unmentioned by the government in its submissions to the court — what, if anything, to say to Congress and the public about the Mueller Report," the court added.
Jackson's ruling two years ago accused Barr of being “disingenuous” when describing Mueller’s findings and found the DOJ was not candid about the purpose and role of the memo, which was prepared by the department's Office of Legal Counsel.
“Not only was the Attorney General being disingenuous then, but DOJ has been disingenuous to this Court with respect to the existence of a decision-making process that should be shielded by the deliberative process privilege,” she wrote. “The agency’s redactions and incomplete explanations obfuscate the true purpose of the memorandum, and the excised portions belie the notion that it fell to the Attorney General to make a prosecution decision or that any such decision was on the table at any time.”
AFPTrump legal adviser ordered to testify in 2020 election interference probe
A judge in Colorado on Tuesday ordered a legal adviser for former President Donald Trump’s campaign to travel to Georgia to testify before a special grand jury that’s looking into whether Trump and others illegally tried to influence the 2020 election in Georgia.
Judge Gregory Lammons in Fort Collins, Colorado, made the decision after holding a hearing on a request from Fulton County District Attorney Fani Willis to compel testimony from attorney Jenna Ellis. Prosecutors are interested in Ellis’s role in helping to coordinate and plan legislative hearings in Georgia and others states where false allegations of election fraud were pushed, according to testimony in court.
Fulton County prosecutors have purchased plane tickets and made a hotel reservation in preparation for Ellis to testify on Aug. 25.
The investigation, prompted by a January 2021 phone call between Trump and Georgia Secretary of State Brad Raffensperger, began early last year. During that call, Trump suggested Raffensperger could “find” the votes to overturn his narrow election loss in the state. It has become clear since the special grand jury was seated in May that the focus of the investigation extends well beyond that call.
Willis last month filed petitions with the judge overseeing the special grand jury seeking to compel testimony from seven Trump associates and advisers, including Ellis, U.S. Sen. Lindsey Graham of South Carolina, and former New York mayor and Trump attorney Rudy Giuliani. Because they don’t live in Georgia, she had to use a process that involves getting a judge in the state where they’re located to order them to appear before the special grand jury in Atlanta.
Giuliani, who’s been notified he’s a target of the investigation, is set to testify before the special grand jury on Wednesday. Graham’s subpoena orders him to testify on Aug. 23, but he has said he’ll appeal a judge’s Monday order declining to quash his subpoena.
In the petition seeking Ellis’s testimony, Willis identified her as “an attorney for the Trump Campaign’s legal efforts seeking to influence the results of the November 2020 election in Georgia and elsewhere.”
https://news.yahoo.com/trump-legal-adviser-ordered-testify-222057033.html