actions by the of addresses a number second part The report's Justice. of Obstruction the Special Counsel - that public reporting of the subject have been which of - most President a "thorough concerns. After making raising obstruction-of-justice as potentially investigated to evaluate the whether the Special Counsel considered into these matters, factual investigation" decisions but and declination standards governing prosecution conduct under Department judgment. The Special Counsel prosecutorial to make a traditional not determined ultimately conduct examined the - as to whether - one way or the other draw a conclusion not did therefore sets out report the actions investigated, the relevant of obstruction. Instead, for each constituted the Special Counsel views as what and leaves unresolved the question sides of both evidence on could be actions and intent the President's whether law and fact concerning of issues" "difficult conclude that . does not this report "while The Special Counsel states that . . as obstruction viewed him." exonerate a crime, it also does not committed the President investigation his obstruction to describe the facts of decision The Special Counsel's the whether General to determine the Attorney to it leaves conclusions any legal reaching without the the investigation, a crime. Over the course of conduct described in the report constitutes many officials regarding Department certain discussions with in office engaged Special Counsel's investigation. After obstruction the legal and factual matters at issue in the Special Counsel's of officials, Department with issues; consulting these on final report the Special Counsel's reviewing guide that federal prosecution of principles the applying Legal Counsel; and Office of the including the that and I have concluded General Rod Rosenstein Attorney decisions, Deputy our charging that to establish sufficient is not investigation Counsel's the Special during evidence developed was made without offense. Our determination an obstruction-of-justice committed the President and the indictment surround that considerations on, the constitutional based to, and is not regard 2 president. a sitting of criminal prosecution that "the In making this determination, we noted that the Special Counsel recognized crime related to was involved in an underlying that the President evidence does not establish such evidence determinative, the absence of and that, while not interference," election Russian and to obtain to obstruction. Generally speaking, respect with intent the President's bears upon doubt reasonable a beyond to prove need would government conviction, the an obstruction sustain to nexus a sufficient with conduct obstructive in intent, engaged corrupt acting with person, a that took which of actions, many President's the cataloguing proceeding. In or contemplated pending a obstructive constitute no actions that, in our judgment, view, the report identifies public place in intent, corrupt with and were done proceeding, or contemplated pending nexus to a a conduct, had guiding charging federal prosecution principles of which, under the Department's each of an obstruction-of- a reasonable doubt to establish beyond decisions, would need to be proven offense. justice Review Department's the of Status will be a report The relevant regulations contemplate that the Special Counsel's Special Counsel, 64 Fed. Reg. 37,038, General. See Office of Attorney to the report" "confidential 2 24 Op. O.L.C. Prosecution, Criminal and to Indictment Amenability President}s See A Sitting 222 (2000). 3
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