But it is worth emphasizing one point, in particular, about Mueller's report. The one-paragraph ultimate conclusion, presented on page 394 of the available document PDF (and labeled page 182 in the report itself), amounts to a remarkable warping and distorting of the prosecutorial function. Mueller refuses to expressly exonerate Trump and states that, "while this report does not conclude that the President committed a crime, it also does not exonerate him."
As a political matter, Mueller's refusal to expressly exonerate Trump opens the door for a tendentious Democratic push of articles of impeachment, as Ben notes. But the potential legal implications of Mueller's conclusion are even more dastardly, in the long run, than are the political implications. Former federal prosecutor Andrew C. McCarthy hit the nail on the head yesterday at the New York Post:
https://www.dailywire.com/news/46192/hammer-mueller-reports-flawed-conclusion-warps-josh-hammer
The fundamental problem is that this is simply not how prosecution works, under the Anglo-American legal system.Mueller and his team of Democrat prosecutors fail the logic test and of course shiv POTUS at the end of their report. The bottom line is that they tried — and failed — to find evidence for collusion. pic.twitter.com/Y3z6Z0ZmXF
— Jordan Schachtel (@JordanSchachtel) April 18, 2019
If a prosecutor cannot adduce the necessary evidence to bring forward a charge, then he ought to keep quiet. It is not the role of a prosecutor to say that a suspect did not clearly not commit a crime.
This is burden-shifting mischief and it amounts to gaslighting.
— Josh Hammer (@josh_hammer) April 19, 2019
As a political matter, Mueller's refusal to expressly exonerate Trump opens the door for a tendentious Democratic push of articles of impeachment, as Ben notes. But the potential legal implications of Mueller's conclusion are even more dastardly, in the long run, than are the political implications. Former federal prosecutor Andrew C. McCarthy hit the nail on the head yesterday at the New York Post:
In his report, Mueller didn’t resolve the issue. If he had been satisfied that there was no obstruction crime, he said, he would have so found. He claimed he wasn’t satisfied. Yet he was also not convinced that there was sufficient proof to charge. Therefore, he made no decision, leaving it to Attorney General William Barr to find that there was no obstruction.
This is unbecoming behavior for a prosecutor and an outrageous shifting of the burden of proof: The constitutional right of every American to force the government to prove a crime has been committed, rather than to have to prove his or her own innocence.
https://www.dailywire.com/news/46192/hammer-mueller-reports-flawed-conclusion-warps-josh-hammer