Special Counsel Robert Mueller has peddled two different stories. Only one can be true.
In his final act before resigning his position, Mueller told the gathered media on Wednesday that his non-decision decision on whether the president obstructed justice was “informed” by a long-standing opinion by the Office of Legal Counsel (OLC) at the Justice Department that a sitting president cannot be charged with a crime. But according to William Barr, that’s not what Mueller told the attorney general and others during a meeting on March 5, 2017. Here’s what Barr told Senators during his May 1st testimony:
“We were frankly surprised that they were not going to reach a decision on obstruction and we asked them a lot about the reasoning behind this. Mueller stated three times to us in that meeting, in response to our questioning, that he emphatically was not saying that but for the OLC opinion he would have found obstruction.”