White House lawyer Emmet Flood sent a letter to Attorney General William Barr in April complaining that special counsel Robert Mueller’s report made “political” statements, according to multiple reports.
The letter was sent one day after Mueller’s redacted report was released to the public.
“The SCO Report suffers from an extraordinary legal defect: It quite deliberately fails to comply with the requirements of governing law,” Flood wrote. “Lest the Report’s release be taken as a ‘precedent’ or perceived as somehow legitimately the defect, I write with both the President and future Presidents in mind to make the following points clear.”
“Prosecutors simply are not in the business of establishing innocence, any more than they are in the business of ‘exonerating’ investigated persons,” Flood wrote. “In the American justice system, innocence is presumed; there is never any need for prosecutors to ‘conclusively determine’ it” “Nor is there any place for such a determination.”
“Because they do not belong to our criminal justice vocabulary, the SCO’s inverted-proof-standard and ‘exoneration’ statements can be understood only as political statements, issuing from persons (federal prosecutors) who in our system of government are rightly expected never to be political in the performance of their duties,” Flood wrote, arguing that Mueller and his team therefore “failed in their duty to act as prosecutors.”
Read more at The Hill.