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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums📱 HUGE NEWS!!! CREW Gets Barr's Secret Mueller Memo Released!!! 📱
Link to tweet
BREAKING: We won! We're going to get the secret memo Barr used to undercut the Mueller Report and claim it was insufficient to find Trump obstructed justice. And we're going to make it public.
...
Citizens for Ethics @CREWcrew 9m
You can read the decision here: https://citizensforethics.org/wp-content/uploads/2022/08/Final-opinion.pdf
The court determined that the Department had failed to
carry its burden to show the deliberative-process privilege
applied. In particular, the court held that the Department had
not identified a relevant agency decision as to which the
memorandum formed part of the deliberations. The
Departments submissions, the court explained, indicated that
the memorandum conveyed advice about whether to charge the
President with a crime. But the courts in camera review of the
memorandum revealed that the Department in fact never
considered bringing a charge. Instead, the memorandum
concerned a separate decision that had gone entirely
unmentioned by the government in its submissions to the
courtwhat, if anything, to say to Congress and the public
about the Mueller Report.
We affirm the district court. The Departments
submissions in the district court gave no indication that the
memorandum related to Attorney General Barrs decision
about making a public statement on the Mueller Report.
Because the Department did not tie the memorandum to
deliberations about the relevant decision, the Department failed
to justify its reliance on the deliberative-process privilege.
And they are going to make it public!
Thank You Thank You Thank You!
Victor_c3
(3,557 posts)Sorry if I missed it in the OP.
Response to Victor_c3 (Reply #1)
ancianita This message was self-deleted by its author.
ShazzieB
(16,426 posts)ironcheffan_uc2001
(5 posts)The memo will likely not be seen for at least months, if at all. CREW has been after the Barr memo since April 18, 2019 when they filed their initial FOIA request. That request was denied on April 19, 2019. CREW filed this suit on May 28, 2019.
The order to release the memo was initially entered on May 4, 2021 by Judge Amy Berman Jackson. The Department of Justice appealed claiming that releasing the memo would create a 'chilling effect' by publicly airing internal decision making processes, advisors to policy makers would circumscribe their advice, instead of being candid, open, and honest.
Arguments in the appeal were only heard in December of 2021 where the Court of Appeals for the DC Circuit found that the government failed to prove that the 'deliberative-process privilege' applied. It took nine months for the court to reach this decision, and the process is not over by a long shot.
This opinion is from a three judge panel, which is where most appeals begin. The losing party will very likely appeal seeking en banc review, where all 16 judges on the DC circuit will hear the case again. At least eight votes will be needed for CREW to succeed, a tie means the previous ruling stands. And given that the Department of Justice is the losing party, the court will very likely allow the appeal to proceed in terms of filing, arguing, and ruling, which will take mucho time, and DoJ has 60 (yes, sixty) days to file any said appeal.
Assuming Justice appeals for en banc review, and CREW wins, the Department has another 60 days to appeal to SCOTUS.
Botany
(70,516 posts)Barr was and still is a fixer for the GOP. Americas needs to see the complete and un-redacted Mueller Report.
https://www.newyorker.com/magazine/2018/10/15/was-there-a-connection-between-a-russian-bank-and-the-trump-campaign
https://slate.com/news-and-politics/2021/03/trump-russian-asset-election-intelligence-community-report.html
Mr. Ected
(9,670 posts)First, he's untouchable because he's running for president. Then he was untouchable because the crimes he committed to become president couldn't be adjudicated because he was the ostensible president. Now he's untouchable because he's an ex-president who may once again run for office?
Enough of this kid glove shit. Is the Constitution worth the paper it's written on? It isn't if we let the worst of the worst escape justice because a non-existent legal protective shield that is only partisan in nature.
calimary
(81,322 posts)Enough of this kid gloves shit!!
Silent3
(15,231 posts)txwhitedove
(3,929 posts)Trueblue1968
(17,228 posts)certainot
(9,090 posts)Last edited Sat Aug 20, 2022, 12:32 PM - Edit history (1)
difference
anyone who thinks its a few dufus fascists on fox or some emails and web sites enabling this are fools
Ligyron
(7,633 posts)mrsadm
(1,198 posts)TheRickles
(2,065 posts)It should be out there already, for all to see.
moniss
(4,256 posts)and even the redacted report is damning for that whole cabal. The obstruction charges could have easily been brought not just for the Orange Ruski but his minions as well. Remember also that the final Mueller report was far more "restrained" than the investigative staff wanted. So Barr obliterated what had been weakened already. The media, like MSNBC, had the opportunity to schedule programming for presenting a narration of the report in its' entirety. But they decided seeing prisoners fight each other was better programming for a weekend. That left us with he said/he said segments which are the cheapest and easiest to produce. They are also the least informative. I still have the entire report on my computer. It makes me so sick to my stomach every time I go to refer to it.
triron
(22,007 posts)KS Toronado
(17,259 posts)Response to Tommymac (Original post)
ultralite001 This message was self-deleted by its author.
usonian
(9,815 posts)Or am I just lucky?
pandr32
(11,588 posts)Another piece of the jigsaw puzzle to be put in proper place. The image is getting clearer now.
Tommymac
(7,263 posts)The walls are tumbling down.
FakeNoose
(32,645 posts)This is Bill Barr's memo discussing the unredacted report, which he had at his fingertips when he wrote this memo. We have never seen it. We've only seen the redacted one that has all the blocked out texts and footnotes.
Bill Barr's memo is very heavy on legal references, etc. that most of us non-lawyers (well, I'm not a lawyer) will find dense and difficult to make sense. I really hope that someone on DU can go through this memo and rewrite it in a way that the rest of us can grasp.
That being said, I'm very happy that the dam finally broke on the FOIA requests. Maybe this means that the real meaty stuff will come out soon. This is very good news.
FarPoint
(12,409 posts)he is going to meet up with an investigation on his dealings with tRump's biddings. Something about doing searches/ investigating on tRumps personal enemies...not what Atty General duties encompass...
OMGWTF
(3,959 posts)you tuck me in there somewhere?
gab13by13
(21,360 posts)left the evidence to convict "individual one," don't blame Barr for that.
Lonestarblue
(10,011 posts)Solely for political reasons to not appear partisan. When will government officials understand that screaming about unfair partisanship is a key tool in the Republican playbook? Republicans got the mainstream media to roll over and stop reporting anything negative about their actions, and indeed to publish the opinion pieces of right-wing crazies as if their lies are equal to reality. Republicans are the cause of the both sides do it nonsense that we see so often today.
I have not understood either why the full Mueller report has never been released, even with redactions to protect security interests. I remember reading that some redactions were made to avoid embarrassing some of Trumps family members (possibly Jr.s coke habit). And embarrassment is a legal issue, how?
fightforfreedom
(4,913 posts)When are you going to understand Barr buried Muellers report? Mueller could do nothing about the evidence of obstruction under the rules, it was all up to Barr.
uponit7771
(90,347 posts)fightforfreedom
(4,913 posts)uponit7771
(90,347 posts)Graph here, looks like there's 4 and none of them need to be "slam dunks" Clinton's charges weren't
https://lh5.googleusercontent.com/wsfsmDNZ9WmmvvWRTKfuq4VJ1Orc8oyCdiMk-pHiTk_C7jq4K4QhkVFyso-xxtG3JnPX_qRAU6fAlK3h97cXb1AYjGs-2paP6BCjt3s1aySbPDeG87CD8r50QM9I5IZC9oZRBeZ5
fightforfreedom
(4,913 posts)uponit7771
(90,347 posts)... shown there's probable cause for charging and "go back years" isn't a good reason for not upholding the law.
Justice matters.
(6,933 posts)And starting new processes to charge the few remaining cases would extend beyond these limitations by the time they would get presented in court(s).
Also, the "royal" supremely-corrupt court blocked the House from obtaining the full, unredacted version :
https://www.law.com/nationallawjournal/2021/07/02/house-bid-for-mueller-grand-jury-info-fizzles-out-at-u-s-supreme-court/?slreturn=20220719151433
uponit7771
(90,347 posts)... already has
Justice matters.
(6,933 posts)Starting GJ investigations now would not result in succesful trials since the judge(s) would toss them out due to those 5-year statute of limitations.
The orange shitgibbon managed to escape consequences for those crimes thanks to Bill Barr.
uponit7771
(90,347 posts)Last edited Sat Aug 20, 2022, 08:56 AM - Edit history (1)
Justice matters.
(6,933 posts)They have bigger, better, easier cases to prove with the actual investigations in both J6 GJ and Mar-de-Largo JG.
They will focus on those two. History will judge the Mueller Report: It will come out un-redacted one day or another.
Let's not distract from the 2 most important ones that are ongoing now.
Whether you like it or not (and I don't like it either), DoJ will not spend resources on that one before the full statute of limitations will expire.
Mark my words.
uponit7771
(90,347 posts)Justice matters.
(6,933 posts)Don't know who the F thought it was a good idea to codify...
Ohio Joe
(21,758 posts)The Hunter investigation started in 2018 as a political investigation. After 4+ years it has found both jack and shit.
It was a loser of a case from day 1 and was done in an effort to try and score cheap political points
It even failed in that but
You think we should emulate that failed and bogus investigation with a bogus and doomed to fail investigation of our own
Really?
Why? What do you think well gain?
Imitating the failures of tfg seems like a bad plan to me
Im really curious why you suggest we do so.
uponit7771
(90,347 posts)... proffered so far are a good reason or prevent the DOJ from moving forward on OOJ charges on Benedict Donald.
Ohio Joe
(21,758 posts)Not that I expect you will either read or believe but:
https://www.emptywheel.net/2022/02/10/on-unrealistic-expectations-for-mueller-report-obstruction-charges/
You are being unrealistic and your desire to go after this because tfg went after Biden shows you want us to act like tfg.
It's a bad plan.
uponit7771
(90,347 posts)Ohio Joe
(21,758 posts)You should read the entire chart and not just your selected bit... You should also read everything supporting it but... You won't.
That you need to edit the chart to try and make your point tells me everything I need. I'm done here.
uponit7771
(90,347 posts)... have significant actions, nexus and intent behind them the DOJ can act on.
The DOJ has gotten better in telling America they're not with Benedict Donald in the last week but there's ... NO DAMN DOUBT ... they can act on past charges against Trump.
NoMoreRepugs
(9,435 posts)H2O Man
(73,559 posts)malaise
(269,054 posts)Great news
IcyPeas
(21,889 posts)Hermit-The-Prog
(33,350 posts)blogslug
(38,002 posts)TigressDem
(5,125 posts)spanone
(135,844 posts)onenote
(42,714 posts)Why do we think it's release will be such a good thing?