- The memorandum has been mischaracterized by the media with headlines like Barr authored memo last year ruling out obstruction of justice. Barr's critics will argue he was required to recuse himself from considering the obstruction issue for having written the memo.
- However, in the letter to Congress summarizing Mueller's report, Barr did not consider Mueller's inability to establish collusion decisive: while not determinative, the absence of such evidence bears upon the President's intent with respect to obstruction. So Barr did not reflexively rely on his 2018 memo, but modified his thinking as a decision-maker.
- Barr further claims that [b]ecause the obstruction claim is entirely dependent on first finding collusion, Mueller should not be permitted to interrogate the President about obstruction until has enough evidence to establish collusion, when obstruction charges are independent from the matter under investigation.
- Rather, Barr believes the obstruction statute does not extend to charging President Trump for telling then-FBI Director James Comey he hoped Comey could let go of the investigation of former National Security Adviser Michael Flynn, or for ultimately firing Comey.
- Whether Barr and Mueller two old friends clashed over the main legal issue in Barr's memo is as yet an unanswered question.
https://thefederalist.com/2019/03/27/attorney-general-bill-barr-will-targeted-house-democrats-no-particular-reason/
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