Ex-prosecutors: Trump would have been charged if he weren’t president

Nearly 400 former federal prosecutors have signed a statement that contends evidence of obstruction of justice in special counsel Robert Mueller’s report would have resulted in charges against President Trump if he weren’t in the White House.

“Each of us believes that the conduct of President Trump ​… 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,” the former federal prosecutors wrote​, the Washington Post reported.

The statement, signed by ​federal prosecutors who served in Democratic and Republican administrations, counters Attorney General William Barr’s conclusion that evidence from Mueller’s investigation was “not sufficient” to establish obstruction.

Mueller did not say whether Trump should have been charged with obstruction based on longstanding Justice Department policy that a sitting president cannot be indicted.

Mueller also did not exonerate Trump of the charge.

“We emphasize that these are not matters of close professional judgment,​”​ ​the prosecutors said. ​”​But, to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice ​-​ the standard set out in Principles of Federal Prosecution ​- runs counter to logic and our experience.​”

By Monday afternoon, the statement contained ​387 signatures.

Mueller also included in his report 10 instances of possible obstruction, including Trump ordering former White House counsel Don McGahn to have Mueller fired.

​”​As former federal prosecutors, we recognize that prosecuting obstruction of justice cases is critical because unchecked obstruction​ –  which allows intentional interference with criminal investigations to go unpunished ​ –  puts our whole system of justice at risk​,” the statement says.​

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