Author Topic: Letter from Emmet T. Flood to AG William P. Barr  (Read 632 times)

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Offline EdJames

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Letter from Emmet T. Flood to AG William P. Barr
« on: May 03, 2019, 12:28:49 PM »
Mark Levin mentioned and read from parts of this letter last evening.

The letter in PDF form is available at: https://assets.documentcloud.org/documents/5986154/WHSC-to-AG-4-19-19.pdf

I thought that it would be of interest to anyone that wants a better understanding of how the Mueller report strayed from following guidelines of the current Special Counsel law.

It begins:

Quote
I write of behalf of the Office of the President to memorialize concerns relating to the form of the Special Counsel's Office (SCO) Report and to address executive privilege issues associated with its release.

The SCO Report suffers from an extraordinary legal defect: It quite deliberately fails to comply with the requirements of governing law.  Lest the Report's release be taken as a "precedent" or perceived as somehow legitimizing the defect, I write with both the President and future Presidents in mind to make the following points clear.

And then moves on to address the following:
1.  The SCO stated conclusion of the obstruction question.
2.  Failure of the SCO to provide a confidential report explaining the prosecution or declination decisions reached by the SCO.
3.  A robust discussion of the separations of powers and both executive and client-attorney privilege issues going forward.
4.  A statement of Presidential retained rights going forward which summarize as:
A.  His decision not to assert privilege is not a waiver of executive privilege for any other material or for any other purpose.
B.  His decision to permit disclosure of executive-privileged portions of the Report does not waive any privileges or protections for the SCO's underlying investigative materials.
C.  His decision does not affect his ability as President to instruct his advisors to decline to appear before congressional committees to answer questions on these same subjects.
5.  A discussion of the damage caused by illegal leaking throughout the process.

Worth reading the whole letter as a guide to see how these proceedings may continue to unfold.

Online skeeter

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Re: Letter from Emmet T. Flood to AG William P. Barr
« Reply #1 on: May 03, 2019, 12:40:45 PM »

1.  The SCO stated conclusion of the obstruction question.


This is the most important IMO. There is not NEARLY enough outrage that any prosecutor can get away with 'sure we didn't find any prosecutable evidence but that doesn't mean the subject isn't guilty of something'.

Thats some real banana republic sh*t there.

Online Bigun

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Re: Letter from Emmet T. Flood to AG William P. Barr
« Reply #2 on: May 03, 2019, 12:45:40 PM »
This is the most important IMO. There is not NEARLY enough outrage that any prosecutor can get away with 'sure we didn't find any prosecutable evidence but that doesn't mean the subject isn't guilty of something'.

Thats some real banana republic sh*t there.

Absofrigginloutely!!  So far beyond the pale I don't know how to describe it!

Someone show me a case, ever in history,  where a prosecutor EVER made a positive declaration of innocence!

« Last Edit: May 03, 2019, 12:51:27 PM by Bigun »

Offline EdJames

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Re: Letter from Emmet T. Flood to AG William P. Barr
« Reply #3 on: May 03, 2019, 12:50:22 PM »
This is the most important IMO. There is not NEARLY enough outrage that any prosecutor can get away with 'sure we didn't find any prosecutable evidence but that doesn't mean the subject isn't guilty of something'.

Thats some real banana republic sh*t there.

That's right, 182 pages of "real banana republic sh*t there!"  182 of political commentary which is within the realm of NO prosecutor ever!

Quote
The SCO instead produced a prosecutorial curiosity -- part "truth commission" report and part law school exam paper.  Far more detailed than the text of any known criminal indictment or declination memorandum, the Report is laden with factual information that has never been subjected to adversarial testing or independent analysis.  That information is accompanied by a series of inexplicably inconclusive observations (inexplicable, that is, coming from a prosecutor) concerning possible applications of law to fact.  This species of public report has no basis in the relevant regulation and no precedent in the history of special/independent counsel investigations.

Offline Sanguine

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Re: Letter from Emmet T. Flood to AG William P. Barr
« Reply #4 on: May 03, 2019, 12:57:16 PM »
BKMK


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