Judge orders Justice Dept. to release Trump obstruction memo

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The decision by Barr and senior Justice Department leaders to clear Trump of obstruction, even though special counsel Robert Mueller and his team pointedly did not reach that conclusion, was a significant moment for the former president.

WASHINGTON — A federal judge has ordered the release of a legal memorandum the Trump-era Justice Department prepared for then-Attorney General William Barr before he announced his conclusion that President Donald Trump had not obstructed justice during the Russia investigation.

But U.S. District Judge Amy Berman Jackson said the Justice Department had obscured “the true purpose of the memorandum” when it withheld the document. She said the memo from the Justice Department's Office of Legal Counsel contained “strategic, as opposed to legal advice” and that both the writers and the recipients already had a shared understanding as to what the prosecutorial decision would be.

The decision by Barr and senior Justice Department leaders to clear Trump of obstruction, even though special counsel Robert Mueller and his team pointedly did not reach that conclusion, was a significant moment for the president. The announcement, and a four-page summary of Mueller's report, preceded the release of the 448-page document and helped shape public perception of the investigation's conclusions.

But she ordered the release of the other memo, which was prepared for Barr by the then-head of the Office of Legal Counsel and another senior Justice Department official and which concludes that the evidence assembled by Mueller's team would not support an obstruction prosecution of Trump.

 

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