According to Axios, 375 ex-prosecutors have signed a statement saying that Trump would be indicted if he was not a sitting president, as the Justice Department’s Office of Legal Counsel (OLC) prohibits the indictment a sitting president. The statement is signed by over 20 former U.S. Attorneys and more than 100 Justice Department career officials.
Although Mueller gave extensive evidence of possible obstruction of justice by Trump in his report, he did not make a “traditional prosecutorial judgement,” partly due to the OLC opinion. Attorney General William Barr then decided to clear Trump of any obstruction charges, which has angered many Democrats and former prosecutors.
The statement lays out certain pieces of Mueller’s report as “acts that satisfy all of the elements for an obstruction charge.” The prosecutors specifically single out: “The President’s efforts to fire Mueller and to falsify evidence about that effort; The President’s effort to limit the scope of Mueller’s investigation to exclude his conduct; and The President’s efforts to prevent witnesses from cooperating with investigators probing him and his campaign.”
“Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller's report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.”
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