General Discussion
In reply to the discussion: Was Merrick Garland's Approach Correct All Along? [View all]Beastly Boy
(13,283 posts)Has nothing to do with what I am talking about.
Muller was authorized to prosecute any possible crimes he would find (file:///Users/distanceed/Downloads/order_3915-2017_special_counsel_0.pdf). He made no attempt to pursue Trump beyond his report. That was Mueller's choice, not Barr's.
Independently, Barr, as AG was himself authorized to prosecute Trump, based on Mueller's report or otherwise. He chose not to. That was Barr's choice, not Mueller's
Neither one was compelled, by law or by order, to prosecute. They both made their choices independent of the other. The matter was closed way before Garland became AG.
In order to prosecute Trump on the basis of Mueller's report, Garland would have had to overturn the decisions made by an Independent Counsel and an Attorney General, a very suspicious act having no unprecedent in the history of DOJ which would disrupt the fabric of DOJ and lead to unpredictable consequences. Instead, he started his own investigation into Trump.
Barr's command being totally irrelevant to his decision.