Acting White House Counsel Emmet Flood walks from the halls of the Russell Senate Office Building before heading into the offices of Senate Intelligence Committee Chairman Richard Burr on Capitol Hill January 09, 2019 in Washington, DC.
Chip Somodevilla | Getty Images
White House lawyer Emmet Flood sent a letter to Attorney General William Barr accusing special counsel Robert Mueller of doing “political statements” in his report on Russia along with also President Donald Trump.
Flood’s 5-page letter to Barr claimed in which the report on Mueller’s far-reaching probe should not be legitimized or taken as precedent, along with also argued in which Trump has retained his executive privilege rights related to the probe.
The letter to Barr can be dated April 19 — a day after the public Discharge of a redacted type of Mueller’s 448-page report on Russian meddling from the 2016 election, possible collusion with the Kremlin along with also possible obstruction of justice by Trump himself.
Mueller’s report “suffers via an extraordinary legal defect,” Flood wrote. “the item quite deliberately fails to comply with the requirements of governing law.”
Flood zeroed in on one specific excerpt via the report, in which Mueller’s team says in which the evidence they obtained about potential obstruction by Trump prevents them “via conclusively determining in which no criminal conduct occurred.”
Conclusively finding innocence, Flood argued, “can be never the task of the federal prosecutor.” Rather, they are supposed to complete their investigation along with also then ask a grand jury to decide on whether or not to lodge charges.
“Our country would likely be a very different (along with also very dangerous) place if prosecutors applied the SCO standard along with also citizens were obliged to prove ‘conclusively … in which no criminal conduct occurred.'”
The excerpt via the Mueller report “can be understood only as political statements,” Flood continued, even though prosecutors are “expected never to be political from the performance of their duties.”
This kind of, Flood wrote, “shows in which the special counsel along with also his staff failed in their duty to act as prosecutors along with also only as prosecutors.”
A spokesman for the special counsel’s office declined to comment on the letter.
Flood, who joined the White House legal team in May 2018, worked as an impeachment attorney for President Bill Clinton. The Wall Street Journal reported in March in which Flood was supposed to leave his post following the Discharge of the Mueller report.
Mueller’s report did not find sufficient evidence to show coordination between the Trump campaign along with also Russia, along with also did not make a decision on the question of whether Trump obstructed justice — a move Barr repeatedly criticized in Senate testimony on Wednesday. Barr along with also Deputy Attorney General Rod Rosenstein, however, determined in which the evidence was “not sufficient” to establish an obstruction offense.
Barr released a type of the report with redactions in four categories, including grand jury materials. Trump, wrote Flood, did not withhold anything from the report via the public on executive privilege grounds, despite having a “right to assert such a privilege.”
although in which decision doesn’t affect Trump’s ability to instruct his advisors not to appear before congressional committees to answer questions about the Mueller probe, Flood noted.
Read Flood’s letter to Attorney General William Barr below: