Because he is now a private citizen, it is understandable that Rod Rosenstein is quiet at this time, but it would be interesting to know if he and Mueller had a conversation on this issue as the investigation started.
Barr claims Mueller didnt develop a case against Trump on obstruction. However, Mueller states in the Intro to Volume 2 ... we considered whether to evaluate the conduct we investigated under the Justice Manual standards governing prosecution and declination decisions, but we determined not to apply an approach that could potentially result in a judgment that the President committed crimes. The threshold step under the Justice Manual standards is to assess whether a persons conduct constitutes a federal offense. ... (cites source ) ... Fairness concerns counseled against potentially reaching that judgment when no charges can be brought. The ordinary means for an individual to respond to an accusation is through a speedy and public trial, with all the procedural protections that surround a criminal case. An individual who believes he was wrongly accused can use that process to seek to clear his name. In contrast, the prosecutors judgment that crimes were committed, but that no charges will be brought, afford no such adversarial opportunity for the public name clearing before an impartial adjudicator.
Mueller says he didnt assert crimes were committed because of the OLC position, but Barr claims Mueller should have done so, if he felt it to be true. The question for me is did Mueller decide on his own he was restricted, or did that decision come after speaking with Rosenstein?
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