The Democrats have been after Donald Trump for years.
Now that Joe Biden is in office the left may finally get their wish.
A judge’s ruling is about to force this showdown between Joe Biden and Trump.
Judge Amy Berman Jackson is an Obama appointee on the Washington, D.C. District Court.
Berman Jackson oversaw the trials of Paul Manafort and Roger Stone and earned a reputation as a Deep State loyalist willing to terrorize Trump associates with unfriendly rulings in prosecutions brought by Robert Mueller.
Now Jackson is resurrecting the Mueller report with a ruling demanding the Justice Department release a memo prepared during the Mueller probe for then-Attorney General William Barr outlining all the reasons Donald Trump could not be prosecuted for obstruction of justice.
The ruling was in response to a Freedom of Information Act request, and Judge Jackson claimed the memo outlining all the reasons Trump—as a sitting President—could not be charged was prepared after Barr decided Trump would not face charges.
“The review of the document reveals that the Attorney General was not then engaged in making a decision about whether the President should be charged with obstruction of justice; the fact that he would not be prosecuted was a given,” Judge Jackson wrote.
Judge Jackson then falsely claimed Attorney General Barr misled the public with his original four page summary of the findings of the Mueller report, and that the memo explaining why Trump could not be prosecuted was similarly deceitful.
“Not only was the Attorney General being disingenuous then, but DOJ has been disingenuous to this Court with respect to the existence of a decision-making process that should be shielded by the deliberative process privilege,” she wrote. “The agency’s redactions and incomplete explanations obfuscate the true purpose of the memorandum, and the excised portions belie the notion that it fell to the Attorney General to make a prosecution decision or that any such decision was on the table at any time,” Judge Jackson wrote.
The Department of Justice had argued the memo was protected by attorney-client privilege, but Justice Jackson claimed the memo amounted to political strategy and not legal advice so therefore the Department of Justice must release it.
“The Court is not persuaded that the agency has met its burden to demonstrate that the memorandum was transmitted for the purpose of providing legal advice, as opposed to the strategic and policy advice that falls outside the scope of the privilege,” Judge Jackson argued.
A longstanding Office of Legal Counsel memo held that a sitting president could not face criminal charges.
Mueller’s Democrat attack prosecutors did not recommend any charges against Trump so Barr—as the nation’s top law enforcement officer—made the easy call that Trump could not be charged.
But now that Trump is out of office, Jackson wants to make this memo public to try and ramp up pressure on Joe Biden’s hyperpartisan Justice Department to charge Trump with obstruction of justice.
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