The Report, Episode 7: Charging Decisions
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 1 September 2019
⏱️ 59 minutes
🔗️ Recording | iTunes | RSS
🧾️ Download transcript
Summary
It’s April 18, 2019, Attorney General Bill Barr summons reporters to the Department of Justice in Washington DC. Robert Mueller’s report is about to be released. Before the press and the public finally see the document for themselves, Barr wants a chance to tell his own version of the story it contains. But is the bottom line according to Barr the same as the bottom line according to Robert Mueller? We’ll let you decide.
Previous episodes have told the story of the factual findings of the Mueller report—what did investigators figure out about what happened? And what were the questions they couldn’t fully answer? Conducting the investigation is one part of the Special Counsel’s job: collecting evidence and assembling a record. But the investigation actually supports Mueller’s larger responsibility: he must reach a set of legal conclusions about the evidence his team has found. The Special Counsel needs to decide which parts of the story laid out in Volume One of the Report amount to prosecutable crimes.
This episode covers those decisions. Where does Mueller decide to bring charges? And when he doesn’t, is that because he thinks nothing improper or possibly criminal occurred? Or is it because he finds that the evidence just isn’t sufficient to prove things beyond a reasonable doubt? Here’s what the Mueller Report says about how the Special Counsel’s office made these decisions.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad free version of the LawFair |
| 0:07.2 | podcast become a material supporter of LawFair at patreon.com slash LawFair. |
| 0:14.7 | That's patreon.com slash LawFair. |
| 0:18.2 | Also check out LawFair's other podcast offerings, rational security, chatter, LawFair no bull, |
| 0:27.2 | and the aftermath. |
| 0:29.2 | Previously on the report. |
| 0:34.6 | Two years ago the acting attorney general asked me to serve as special counsel and he created |
| 0:39.5 | the special counsel's office. |
| 0:41.4 | It is important that the office's written work speak for itself. |
| 0:45.5 | It contains our findings and analysis and the reasons for the decisions. |
| 0:50.0 | We chose those words carefully and the work speaks for itself. |
| 0:53.9 | And I will close by reiterating the central allegation of our indictments that there were |
| 0:58.7 | multiple systematic efforts to interfere in our election. |
| 1:04.2 | And that allegation deserves the attention of every American. |
| 1:17.4 | It's April 18th 2019. |
| 1:20.2 | Attorney General Bill Barr summons reporters to the Department of Justice in Washington, |
| 1:25.0 | DC. |
| 1:26.8 | Robert Mueller's report is about to be released. |
| 1:30.4 | Before the press and the public finally see the document for themselves, Barr wants a chance |
| 1:35.0 | to tell his own version of the story it contains. |
| 1:38.9 | His version sounds like this. |
| 1:41.2 | The special counsel found no evidence that any American, including anyone associated with |
... |
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