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‘Garbage’: Legal Experts Say Barr ‘Should Be Disciplined’ After DOJ Releases ‘Whitewash’ Memo on Why Trump Not Charged

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Legal exerts are reviewing a legal memo that served as the basis for Attorney General Bill Barr deciding to not charge then-President Donald Trump with obstruction of justice, and they are calling it “garbage,” “disingenuous,” a “total whitewash,” and “ass-covering.”

The memo, published Wednesday afternoon by The New York Times, is dated March 24, 2019.

“For the reasons stated below,”it reads in part, “we conclude that the evidence described in Volume II of the Report is not, in our judgment, sufficient to support a conclusion beyond a reasonable doubt that the President violated the obstruction-of-justice statutes. In addition, we believe that certain of the conduct examined by the Special Counsel could not, as a matter of law, support an obstruction charge under the circumstances. Accordingly, were there no constitutional barrier, we would recommend, under the Principles of Federal Prosecution, that you decline to commence such a prosecution.”

Norm Eisen, a well-known Harvard-educated attorney, former U.S. Ambassador, senior fellow in governance studies at the Brookings Institution, and a CNN legal analyst calls the legal memo “garbage.”

“No wonder a series of judges have slammed Barr for dishonesty in connection with all this,” Eisen writes. “It’s garbage. Anyone else woulda been prosecuted. Barr should be disciplined.”

Attorney Andrew Weissman calls the memo “disingenuous” and a “total whitewash.”

He adds: “note no discussion of Barr telling Special Counsel Mueller that he should make the decision whether Trump obstructed justice. Why? Because new DOJ memo reveals they thought Mueller Report could be read to say he did obstruct! So Barr shd say the opposite.”

CNN Senior Legal Analyst Elie Honig calls the memo “ass-covering.”

“To recap,” he writes, detailing these bullet points:
“Mueller failed by refusing to state a conclusion,” “Barr publicly distorted Mueller’s findings,” “DOJ drafted this flimsy, ass-covering memo,” “Barr misled a federal court about this bogus memo,” “Garland appealed on Barr’s behalf, and lost.”

This is a breaking news and developing story. 

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BREAKING NEWS

Death Toll Rises to Six as Three Children and Three Adults Declared Dead In Covenant School Mass Shooting (Streaming Video)

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Six people have now died after a shooter shot and killed three young children and three adults at The Covenant Presbyterian School, a private Christian elementary school in Nashville, Tennessee. Police say the shooter was a 28-year old woman who had two assault rifles and a handgun.

WSMV announced the rise in deaths on-air, noting that the shooter is also dead. A police spokesperson later increased the announced death toll from five to six. Including the shooter the death toll is seven.

Live streaming video via CBS News below.

This article has been updated with additional video.

1:56 PM ET: Updated to change age of shooter based on new reporting from WSMV.

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BREAKING NEWS

Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor

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Donald Trump‘s attorney Evan Corcoran, who allegedly directed another Trump attorney to draft the false statement claiming all classified and sensitive documents had been returned, has been ordered to testify before a grand jury and hand over documents and records to Special Counsel Jack Smith in the Mar-a-Lago classified documents criminal investigation.

Trump appealed U.S. District Judge Beryl Howell’s decision ordering Corcoran to testify and hand over documents, including handwritten notes. The Appeals Court in light speed mode, rejected Trump’s appeal.

Corcoran will be testifying before the grand jury on Friday, CNN reports.

RELATED: ‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs

One former top DOJ official, Brandon Van Grack, says the “Special Counsel is about to get access to the most critical evidence in the case. Should allow DOJ to make a charging decision without significant delay.”

He did not define what “without significant delay” means in terms of days, weeks, or months.

Van Grack served at Main Justice for eleven years, including as a lead prosecutor in Special Counsel Robert Mueller’s Russia investigation, and later, as the Chief of the DOJ’s Foreign Agents Registration Act (FARA) Unit.

“The announcement from a panel of three judges in the appeals court – less than a day after Trump sought to put Corcoran’s testimony on hold – adds momentum to the special counsel investigation as it seeks to secure evidence that could make or break a federal criminal case against Trump,” CNN explains. “The Justice Department has successfully argued in court that prosecutors have enough evidence that Trump’s interactions with the lawyer were part of a possible crime that they can pierce the confidentiality of the conversations between the two.”

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BREAKING NEWS

‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs

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A former top Dept. of Justice official says a federal judge’s expedited ruling ordering an attorney for Donald Trump to testify against his client before a grand jury and hand over documents very well may be related to “national security.”

U.S. District Judge Beryl Howell ruled that DOJ Special Counsel Jack Smith had successfully made the case Donald Trump may have committed a crime, via his attorneys, in his classified documents case. That finding allowed her to invoke the crime-fraud exception, and order Trump attorney Evan Corcoran to testify before the grand jury investigating the ex-president’s unlawful retention and refusal to return hundreds of classified documents.

Former FBI General Counsel Andrew Weissmann, who also worked for Special Counsel Robert Mueller and headed the DOJ’s Criminal Fraud Section, Wednesday afternoon on MSNBC said it’s possible Judge Howell’s expedited decisions were related to national security.

Tuesday night Judge Howell ordered DOJ to provide information by 6:00 AM Wednesday.

READ MORE: Jim Jordan’s Attack on Manhattan DA Will ‘Backfire’ and Allow Democrats to Expose Coordination With Trump: Columnist

Trump appealed Howell’s ruling, and Wednesday afternoon the Appeals Court denied his appeal related to the documents, Politico reports.

“I’ve never seen anything that quick. It’s very hard to know why. I have to say, to me, when I think about what can be a plausible reason– and this is pure speculation – is that there must be something in the papers that gave the judges concern about national security implications, because it’s such a short timeframe.”

“The reason this is a bombshell is you could end up with Evan Corcoran as a key, fundamental witness against Donald Trump in an obstruction of justice case and a false statements case,” Weissmann adds.

According to Politico, Wednesday’s appeals court ruling “effectively permits the Justice Department to circumvent Trump’s attorney-client privilege after a lower-court judge found that the documents likely contain evidence of a crime.”

NEW: Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor

 

This article was updated to correctly spell Andrew Weissmann’s last name.

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