earlier this month, Barr’s decision was a foregone conclusion. Barr had already made up his mind not to prosecute Trump before considering any of the advice or analysis that he claimed informed his decision, she said in her order.
Jackson added that the memo contained “strategic, as opposed to legal, advice” and that both the writers and the recipients already had a mutual understanding about what the prosecutorial decision would be. A “review of the document reveals that the Attorney General was not engaged in making a decision about whether the President should be charged with obstruction of justice; the fact that he would not be prosecuted was a given,” the judge wrote in the order.
The Justice Department moved for a stay on May 24 to prepare arguments to continue to shield the contents of the memo.