The panel wrote that, had Justice Department officials made clear to the court that the memo related to Barr’s decision on making a public statement about the report, rulings in the case may have been different
The Justice Department under Attorney-General William Barr improperly withheld portions of an internal memorandum Barr cited in publicly announcing that then-President Donald Trump had not committed obstruction of justice in the Russia investigation, a federal appeals panel said Friday.
At issue in the case is a March 24, 2019, memorandum from the head of the Justice Department’s Office of Legal Counsel, or OLC, and another senior department official that was prepared for Barr to evaluate whether evidence in special counsel Robert Mueller’s investigation could support an obstruction of justice prosecution of the president.
But U.S. District Judge Amy Berman Jackson said last year that those arguments were disingenuous because the memo was prepared for Barr at about the same time as a separate Justice Department letter informing Congress and the public that Barr and other senior department leaders concluded that Trump had not obstructed justice.
In its ruling Friday, the appellate panel wrote that, had Justice Department officials made clear to the court that the memo related to Barr’s decision on making a public statement about the report, rulings in the case may have been different.
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