The decision by Barr and senior Justice Department leaders to clear Trump of obstruction, even though special counsel Robert Mueller and his team pointedly did not reach that conclusion, was a significant moment for the president. The announcement, and a four-page summary of Mueller's report, preceded the release of the 448-page document and helped shape public perception of the investigation's conclusions. Mueller subsequently complained to Barr that his summary had not fully captured the investigation's findings and had caused “public confusion.”
Citizens for Responsibility and Ethics in Washington filed a public records request seeking communications about the obstruction decision after Barr said that he and other senior officials had reached that conclusion in consultation with the Office of Legal Counsel, which provides legal guidance to executive branch agencies.
At issue in a lawsuit pending before the judge were two particular documents the group wanted.
Jackson ruled that one of the documents, described by a Justice Department official as an “untitled, undated draft legal analysis" submitted to the attorney general as part of his decision-making, was properly withheld from the group.
But she ordered the release of the other memo, which was prepared for Barr by the then-head of the Office of Legal Counsel and another senior Justice Department official and which concludes that the evidence assembled by Mueller's team would not support an obstruction prosecution of Trump.
In her order, Jackson noted that the memo prepared for Barr, and the letter from Barr to Congress that describes the special counsel's report, are "being written by the very same people at the very same time.
“The emails show not only that the authors and the recipients of the memorandum are working hand in hand to craft the advice that is supposedly being delivered by OLC, but that the letter to Congress is the priority, and it is getting completed first,” the judge wrote.
The judge said the Justice Department has until May 17 to file any motion to stay the order.
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