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War with Russia? US politicians close to approving ‘no-fly zone’ in Syria

The rushed passing of HR5732 without debate is indicative that the US establishment has not yet given up on the idea of regime change in Syria.

Rick Sterling

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Late in the day Tuesday November 15, Congress convened in a special session. With normal rules suspended, they passed House Resolution 5732 – the “Caesar Syria Civilian Protection Act”. The resolution calls for intensifying already harsh sanctions on Syria, assessing implementation of No Fly Zone in Syria and escalating efforts to press criminal charges against Syrian officials.

HR5732 claims to promote a negotiated settlement in Syria but, as analyzed by Friends Committee for National Legislation, imposes preconditions which would actually make that more difficult.

There was 40 minutes of “debate” with six representatives (Royce, Engel, Ros-Lehtinen, Kildee, Smith, and Curbelo) speaking in favor of the resolution. There were few other Congressional representatives present in Congress. The House Foreign Affairs Committee stated that the resolution was passed “unanimously” without mentioning the special conditions.

The “Non Controversial” Resolution that could lead to World War III

According to wikipedia:

 “Suspension of the rules is a procedure generally used to quickly pass non-controversial bills in the United States House of Representatives ….such as naming Post Offices…”

In this case, the resolution calls for evaluating and developing plans for a“No Fly Zone” which is an act of war. This is obviously controversial and it seems clear the resolution should have been debated and discussed under normal rules with a normal amount of Congressional presence and debate.

The motivation for bypassing normal rules and rushing the bill through without debate was articulated by the bill’s author and ranking Democrat Eliot Engel, who said:

“We cannot delay action on Syria any further…. if we don’t get this legislation across the finish line in the next few weeks, we are back to square one.”

The current urgency may be related to the election results, since Trump has spoken out against “regime change” foreign policy. As much as they are critical of Obama for not doing more, Congressional neoconservatives are concerned about the prospect of a President who might move toward peace and away from war.

The Caesar Fraud

HR5732 is titled the “Caesar Syria Civilian Protection Act”. Foreign Affairs Committee Chair Ed Royce (R-Ca) explained that the resolution is named after “the brave Syrian defector known to the world as Caesar, who testified to us the shocking scale of torture being carried out within the prisons of Syria.”

In reality, the Caesar story was a grand deception involving the CIA with funding from Qatar to sabotage the 2014 Geneva negotiations. The 55,000 photos which were said to show 11,000 torture victims have never been publicly revealed. Only a tiny number of photos have been publicized.

However, in 2015 Human Rights Watch was granted access to view the entire set. They revealed that almost one half the photos show the opposite of what was claimed: instead of victims tortured by the Syrian government, they actually show dead Syrian soldiers and civilian victims of car bombs and other terror attacks!

The “Caesar” story, replete with masked ‘defector’, was one of the early propaganda hoaxes regarding Syria.

False Claims that the US has been doing nothing

One of the big lies regarding Syria is that the US has been inactive. Royce says:

“The administration has decided not to decide. And that itself, unfortunately, has set a course where here we sit and watch and the violence only worsens. Mr. Speaker, America has been sitting back and watching these atrocities for far too long. Vital U.S. national security interests are at stake.”

The ranking Democrat Eliot Engel said:

“Four years ago I thought we should have aided the Free Syrian Army. They came to us in Washington and begged us for help… they were simply looking for weaponry. I really believe if we had given it to them, the situation in Syria would have been different today.”

This is nonsense. The US was actively coordinating, training and supplying armed opposition groups beginning in late 2011. When the Qadaffi government was toppled in Fall 2011, the CIA oversaw the theft of the Libyan armories and shipment of weapons to Syrian armed opposition as documented in the Defense Intelligence Agency report of October 2012.

These weapons transfers were secret. For the public record it was acknowledged that the US was supplying communications equipment to the armed opposition while Saudi Arabia and Qatar were supplying weaponry. This is one reason that Saudi purchases of weapons skyrocketed during this time period; they were buying weapons to replace those being shipped to the armed opposition in Syria. It was very profitable for US arms manufacturers.

Huge weapons transfers to the armed opposition in Syria have continued to the present. This past Spring, Janes Defense reported the details of a U.S. delivery of 2.2 million pounds of ammunition, rocket launchers and other weaponry to the armed opposition.

Claims that the US has been inactive are baseless. In reality the US has done everything short of a direct attack on Syria. And the US military is starting to cross that barrier. On September 17 the US air coalition did a direct attack on the Syrian Army in Deir Ezzor, killing 80 Syrian soldiers and enabling ISIS to launch an attack on the position.

Claims that it was a “mistake” are highly dubious.

The claims by Congressional hawks that the US has been ‘inactive’ in the Syrian conflict are part of the false narrative suggesting the US must “do something” which leads to a No Fly Zone and full scale war. Ironically, these calls for war are masked as “humanitarian”. And never do the proponents bring up the case of Libya where the US and NATO “did something”: destroyed the government and left chaos.

Congress as a Fact-Free House of Propaganda

With only a handful of representatives present and no debate, the six Congress members engaged in unrestrained propaganda and misinformation. The leading Democrat, Eliot Engel, said “We’re going into the New Year 2017, Assad still clings to power, at the expense of killing millions of his citizens.”

That number is way off anyone’s charts.

Rep Kildee said “The world has witnessed this terrible tragedy unfold before our eyes. Nearly half a million Syrians killed. Not soldiers – men, women, children killed.”

The official text of the resolution says:

“It is the sense of Congress that–
(1) Bashar al-Assad’s murderous actions against the people of Syria have caused the deaths of more than 400,000
civilians…”

The above accusations – from “millions of citizens” to “half a million” to “400,000 civilians” – are all preposterous lies.

Credible estimates of casualties in the Syrian conflict range from 300,000 to 420,000. The opposition supporting Syrian Observatory for Human Rights estimates the documented 2011-2016 death toll as follows:

killed pro Syrian forces – 108,000
killed anti government forces – 105,000
killed civilians – 89,000

In contrast with Congressional and media claims, civilians comprise a minority of the total death count and the largest casualty group is those fighting in defense of the the Syrian state. These facts are ignored and never mentioned because they point to the reality versus the propaganda narrative which allows the USA and allies to continue funding terrorism and a war of aggression against Syria.

The Congressional speakers were in full self-righteous mode as they accused the Syrian government of “committing crimes against humanity and war crimes against civilians including murder, torture and rape. No one has been spared from this targeting, even children.”

A naive listener would never know that the Syrian government is primarily fighting the Syrian branch of Al-Qaeda, including thousands of foreigners supplied and paid by foreign governments.

The Congressional speakers go on to accuse the Syrian military of “targeting” hospitals, schools and markets. A critical listener might ask why they would do that instead of targeting the Al-Qaeda terrorists and their allies who launch dozens and sometimes hundreds of hell cannon missiles into government held Aleppo every day.

The Congressional propaganda fest would not be complete without mention of the “White Helmets”. House Foreign Affairs Committee Chairman Ed Royce said:

“We (previously) heard the testimony of Raed Saleh of the Syrian White Helmets. These are the doctors, nurses and volunteers who actually, when the bombs come, run towards the areas that have been hit in order to try to get the injured civilians medical treatment…They have lost over 600 doctors and nurses.”

This is more Congressional nonsense.

There are no nurses or doctors associated with the White Helmets. The organization was created by the USA and UK and heavily promoted by a “shady PR firm”. The White Helmets operate solely in areas controlled by Nusra and associated terrorist groups. They do some rescue work in the conflict zone but their main role is in the information war manipulating public opinion.

The White Helmets actively promote US/NATO intervention through a No Fly Zone. Recently the White Helmets has become a major source of claims of innocent civilian victims in east Aleppo. Given the clear history of the White Helmets, these claims should be treated with skepticism. What exactly is the evidence?

The same skepticism needs to be applied to video and other reports from the Aleppo Media Center. AMC is a creation of the Syrian Expatriates Organization whose address on K Street, Washington DC indicates it is a US marketing operation.

What is really going on?

The campaign to overthrow the Syrian government is failing and there is possibility of a victory for the Syrian government and allies. The previous flood of international jihadi recruits has dried up. The Syrian Army and allies are gaining ground militarily and negotiating settlements or re-locations with “rebels” who previously terrorized Homs, Darraya (outer Damascus) and elsewhere.

In Aleppo, the Syrian army and allies are tightening the noose around the armed opposition in east Aleppo. This has caused alarm among neoconservative lawmakers devoted to Israel, Saudi Arabia and U.S. empire. They are desperate to prevent the Syrian government from finally eliminating the terrorist groups which the West and allies have promoted for the past 5+ years.

“Pro Israel” groups have been major campaigners for the passage of HR5732. The name of Simon Wiesenthal is even invoked in the resolution. With crocodile tears fully flowing, Rabbi Lee Bycel wrote “Where is the Conscience of the World?” as he questioned why the “humanitarian” HR5732 was not passed earlier.

Israeli interests are one of the primary forces sustaining and promoting the conflict. Syria is officially at war with Israel which continues to occupy the Syrian Golan Heights; Syria has been a key ally of the Lebanese resistance; and Syria has maintained its alliance with Iran.

In 2010 Secretary of State Clinton urged Syria to break relations with Hezbollah, reduce relations with Iran and come to settlement with Israel. The Syrian refusal to comply with these Washington demands was instrumental in solidifying Washington’s hostility.

Congressional proponents of HR5732 make clear the international dimension of the conflict. Royce explains:

“It is Russia, it is Hezbollah, that are the primary movers of death and destruction…it is the IRGC fighters from Iran.”

Engel echoes the same message:

“Yes, we want to go after Assad’s partners in violence…along with Iranian and Hezbollah forces.”

These statements are in contrast with the analysis of some writers who believe Israel is not deeply opposed to the Damascus government. For example Phyllis Bennis recently wrote that belief in an “arc of resistance” has been “long debunked” and that “the Syrian regime …. often plays a useful role for US and Israeli interests.”

It’s remarkable that this faulty analysis continues to be propounded. In words and deeds Israel has made its position on Syria crystal clear. Israeli Ambassador Michael Oren explained in an interview:

“We always wanted [President] Bashar Assad to go, we always preferred the bad guys who weren’t backed by Iran to the bad guys who were backed by Iran … the greatest danger to Israel is by the strategic arc that extends from Tehran, to Damascus to Beirut. And we saw the Assad regime as the keystone in that arc.”

These statements have been fully backed up by Israeli actions bombing Syrian positions in southern Syria and providing medical treatment for Nusra/Al-Qaeda and other armed opposition fighters.

What Will Happen Now?

If the Syrian government and allies continue to advance in Aleppo, Deir Ezzor, outer Damascus and the south, the situation will come to a head. The enemies of Syria – predominately the USA, Gulf Countries, NATO and Israel – will come to a decision point. Do they intervene directly or do they allow their regime project to collapse?

HR5732 is an effort to prepare for direct intervention and aggression.

One thing is clear from the experience of Libya: Neoconservatives do not care if they leave a country in chaos. The main objective is to destabilize and overthrow a government which is too independent. If the USA and allies cannot dominate the country, then at least they can destroy the contrary authority and leave chaos.

What is at stake in Syria is whether the USA and allies – Israel, Saudi Arabia, etc. are able to destroy the last secular and independent Arab country in the region and whether the US goal of being the sole superpower in the world prevails.

The rushed passing of HR5732 without debate is indicative that:

– “regime change” proponents have not given up their war on Syria;
– they seek to escalate US aggression;
– the US Congress is a venue where blatant lies are said with impunity and where violent actions are advanced behind a cynical and amoral veneer of “humanitarianism” and crocodile tears.

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Parliament Seizes Control Of Brexit From Theresa May

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Schaeuble, Greece and the lessons learned from a failed GREXIT (Video)

The Duran Quick Take: Episode 117.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris examine a recent interview with the Financial Times given by Wolfgang Schäuble, where the former German Finance Minister, who was charged with finding a workable and sustainable solution to the Greek debt crisis, reveals that his plan for Greece to take a 10-year “timeout” from the eurozone (in order to devalue its currency and save its economy) was met with fierce resistance from Brussels hard liners, and Angela Merkel herself.

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Via FT

“Look where we’re sitting!” says Wolfgang Schäuble, gesturing at the Berlin panorama stretching out beneath us. It is his crisp retort to those who say that Europe is a failure, condemned to a slow demise by its own internal contradictions. “Walk through the Reichstag, the graffiti left by the Red Army soldiers, the images of a destroyed Berlin. Until 1990 the Berlin Wall ran just below where we are now!”

We are in Käfer, a restaurant on the rooftop of the Reichstag. The views are indeed stupendous: Berlin Cathedral and the TV Tower on Alexanderplatz loom through the mist. Both were once in communist East Berlin, cut off from where we are now by the wall. Now they’re landmarks of a single, undivided city. “Without European integration, without this incredible story, we wouldn’t have come close to this point,” he says. “That’s the crazy thing.”

As Angela Merkel’s finance minister from 2009 to 2017, Schäuble was at the heart of efforts to steer the eurozone through a period of unprecedented turbulence. But at home he is most associated with Germany’s postwar political journey, having not only negotiated the 1990 treaty unifying East and West Germany but also campaigned successfully for the capital to move from Bonn.

For a man who has done so much to put Berlin — and the Reichstag — back on the world-historical map, it is hard to imagine a more fitting lunch venue. With its open-plan kitchen and grey formica tables edged in chrome, Käfer has a cool, functional aesthetic that is typical of the city. On the wall hangs a sketch by artists Christo and Jeanne-Claude, who famously wrapped the Reichstag in silver fabric in 1995.

The restaurant has one other big advantage: it is easy to reach from Schäuble’s office. Now 76, he has been confined to a wheelchair since he was shot in an assassination attempt in 1990, and mobility is an issue. Aides say he tends to avoid restaurants if he can, especially at lunchtime.

As we take our places, we talk about Schäuble’s old dream — that German reunification would be a harbinger of European unity, a step on the road to a United States of Europe. That seems hopelessly out of reach in these days of Brexit, the gilets jaunes in France, Lega and the Five Star Movement in Italy.

Some blame Schäuble himself for that. He was, after all, the architect of austerity, a fiscal hawk whose policy prescriptions during the euro crisis caused untold hardship for millions of ordinary people, or so his critics say. He became a hate figure, especially in Greece. Posters in Athens in 2015 depicted him with a Hitler moustache below the words: “Wanted — for mass poverty and devastation”.

Schäuble rejects the criticism that austerity caused the rise of populism. “Higher spending doesn’t lead to greater contentment,” he says. The root cause lies in mass immigration, and the insecurities it has unleashed. “What European country doesn’t have this problem?” he asks. “Even Sweden. The poster child of openness and the willingness to help.”

But what of the accusation that he didn’t care enough about the suffering of the southern Europeans? Austerity divided the EU and spawned a real animus against Schäuble. I ask him how that makes him feel now. “Well I’m sad, because I played a part in all of that,” he says, wistfully. “And I think about how we could have done it differently.”

I glance at the menu — simple German classics with a contemporary twist. I’m drawn to the starters, such as Oldenburg duck pâté and the Müritz smoked trout. But true to his somewhat abstemious reputation, Schäuble has no interest in these and zeroes in on the entrées. He chooses Käfer’s signature veal meatballs, a Berlin classic. I go for the Arctic char and pumpkin.

Schäuble switches seamlessly back to the eurozone crisis. The original mistake was in trying to create a common currency without a “common economic, employment and social policy” for all eurozone member states. The fathers of the euro had decided that if they waited for political union to happen first they’d wait forever, he says.

Yet the prospects for greater political union are now worse than they have been in years. “The construction of the EU has proven to be questionable,” he says. “We should have taken the bigger steps towards integration earlier on, and now, because we can’t convince the member states to take them, they are unachievable.”

Greece was a particularly thorny problem. It should never have been admitted to the euro club in the first place, Schäuble says. But when its debt crisis first blew up, it should have taken a 10-year “timeout” from the eurozone — an idea he first floated with Giorgos Papakonstantinou, his Greek counterpart between 2009 and 2011. “I told him you need to be able to devalue your currency, you’re not competitive,” he says. The reforms required to repair the Greek economy were going to be “hard to achieve in a democracy”. “That’s why you need to leave the euro for a certain period. But everyone said there was no chance of that.”

The idea didn’t go away, though. Schäuble pushed for a temporary “Grexit” in 2015, during another round of the debt crisis. But Merkel and the other EU heads of government nixed the idea. He now reveals he thought about resigning over the issue. “On the morning the decision was made, [Merkel] said to me: ‘You’ll carry on?’ . . . But that was one of the instances where we were very close [to my stepping down].”

It is an extraordinary revelation, one that highlights just how rocky his relationship with Merkel has been over the years. Schäuble has been at her side from the start, an éminence grise who has helped to resolve many of the periodic crises of her 13 years as chancellor. But it was never plain sailing.

“There were a few really bad conflicts where she knew too that we were on the edge and I would have gone,” he says. “I always had to weigh up whether to go along with things, even though I knew it was the wrong thing to do, as was the case with Greece, or whether I should go.” But his sense of duty prevailed. “We didn’t always agree — but I was always loyal.”

That might have been the case when he was a serving minister, but since becoming speaker of parliament in late 2017 he has increasingly distanced himself from Merkel. Last year, when she announced she would not seek re-election as leader of the Christian Democratic Union, the party that has governed Germany for 50 of the past 70 years, Schäuble openly backed a candidate described by the Berlin press as the “anti-Merkel”. Friedrich Merz, a millionaire corporate lawyer who is the chairman of BlackRock Germany, had once led the CDU’s parliamentary group but lost out to Merkel in a power struggle in 2002, quitting politics a few years later. He has long been seen as one of the chancellor’s fiercest conservative critics — and is a good friend of Schäuble’s.

Ultimately, in a nail-biting election last December, Merkel’s favoured candidate, Annegret Kramp-Karrenbauer, narrowly beat Merz. The woman universally known as “AKK” is in pole position to succeed Merkel as chancellor when her fourth and final term ends in 2021.

I ask Schäuble if it’s true that he had once again waged a battle against Merkel and once again lost. “I never went to war against Ms Merkel,” he says. “Everybody says that if I’m for Merz then I’m against Merkel. Why is that so? That’s nonsense.”

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The conclusion of Russiagate, Part I – cold, hard reality

The full text of Attorney General William P Barr’s summary is here offered, with emphases on points for further analysis.

Seraphim Hanisch

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The conclusion of the Russiagate investigation, led by Special Counsel Robert Mueller, was a pivotal media watershed moment. Even at the time of this writing there is a great deal of what might be called “journalistic froth” as opinion makers and analysts jostle to make their takes on this known to the world. Passions are running very high in both the Democrat / anti-Trump camps, where the reactions range from despondency to determined rage to not swallow the gigantic red pill that the “no collusion with Russia” determination offers. In the pro-Trump camp, the mood is deserved relief, but many who support the President are also realists, and they know this conflict is not over.

Where the pivot will go and what all this means is something that will unfold, probably relatively quickly, over the next week or two. But we want to offer a starting point here from which to base further analysis. At this time, of course, there are few hard facts other than the fact that Robert Mueller III submitted his report to the US Attorney General, William Barr, who then wrote and released his own report to the public Sunday evening. We reproduce that report here in full, with some emphases added to points that we think will be relevant to forthcoming pieces on this topic.

The end of the Mueller investigation brings concerns, hopes and fears to many people, on topics such as:

  • Will President Trump now begin to normalize relations with President Putin at full speed?
  • In what direction will the Democrats pivot to continue their attacks against the President?
  • What does this finding to to the 2020 race?
  • What does this finding do to the credibility of the United States’ leadership establishment, both at home and abroad?
  • What can we learn about our nation and culture from this investigation?
  • How does a false narrative get maintained so easily for so long, and
  • What do we do, or what CAN we do to prevent this being repeated?

These questions and more will be addressed in forthcoming pieces. But for now, here is the full text of the letter written by Attorney General William Barr concerning the Russia collusion investigation.

Dear Chairman Graham, Chairman Nadler, Ranking Member Feinstein, and Ranking Member Collins:
As a supplement to the notification provided on Friday, March 22, 2019, I am writing today to advise you of the principal conclusions reached by Special Counsel Robert S. Mueller and to inform you about the status of my initial review of the report he has prepared.
The Special Counsel’s Report
On Friday, the Special Counsel submitted to me a “confidential report explaining the prosecution or declination decisions” he has reached, as required by 28 C.F.R. § 600.8(c). This report is entitled “Report on the Investigation into Russian Interference in the 2016 Presidential Election.” Although my review is ongoing, I believe that it is in the public interest to describe the report and to summarize the principal conclusions reached by the Special Counsel and the results of his investigation.
The report explains that the Special Counsel and his staff thoroughly investigated allegations that members of the presidential campaign of Donald J. Trump, and others associated with it, conspired with the Russian government in its efforts to interfere in the 2016 U.S. presidential election, or sought to obstruct the related federal investigations. In the report, the Special Counsel noted that, in completing his investigation, he employed 19 lawyers who were assisted by a team of approximately 40 FBI agents, intelligence forensic accountants, and other professional staff. The Special Counsel issued more than 2,800 subpoenas, executed nearly 500 search warrants, obtained more than 230 orders for communication records, issued almost 50 orders authorizing use of pen registers, made 13 requests to foreign governments for evidence, and interviewed approximately 500 witnesses.
The Special Counsel obtained a number of indictments and convictions of individuals and entities in connection with his investigation, all of which have been publicly disclosed. During the course of his investigation, the Special Counsel also referred several matters to other offices for further action. The report does not recommend any further indictments, nor did the Special Counsel obtain any sealed indictments that have yet to be made public. Below, I summarize the principal conclusions set out in the Special Counsel’s report.
Russian Interference in the 2016 U.S. Presidential Election.
The Special Counsel’s report is divided into two parts. The first describes the results of the Special Counsel’s investigation into Russia’s interference in the 2016 U.S. presidential election. The report outlines the Russian effort to influence the election and documents crimes committed by persons associated with the Russian government in connection with those efforts. The report further explains that a primary consideration for the Special Counsel’s investigation was whether any Americans including individuals associated with the Trump campaign joined the Russian conspiracies to influence the election, which would be a federal crime. The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 U.S. presidential election. As the report states: “[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.”
The Special Counsel’s investigation determined that there were two main Russian efforts to influence the 2016 election. The first involved attempts by a Russian organization, the Internet Research Agency (IRA), to conduct disinformation and social media operations in the United States designed to sow social discord, eventually with the aim of interfering with the election. As noted above, the Special Counsel did not find that any U.S. person or Trump campaign official or associate conspired or knowingly coordinated with the IRA in its efforts, although the Special Counsel brought criminal charges against a number of Russian nationals and entities in connection with these activities.
The second element involved the Russian government’s efforts to conduct computer hacking operations designed to gather and disseminate information to influence the election. The Special Counsel found that Russian government actors successfully hacked into computers and obtained emails from persons affiliated with the Clinton campaign and Democratic Party organizations, and publicly disseminated those materials through various intermediaries, including WikiLeaks. Based on these activities, the Special Counsel brought criminal charges against a number of Russian military officers for conspiring to hack into computers in the United States for purposes of influencing the election. But as noted above, the Special Counsel did not find that the Trump campaign, or anyone associated with it, conspired or coordinated with the Russian government in these efforts, despite multiple offers from Russian-affiliated individuals to assist the Trump campaign.
Obstruction of Justice.
The report’s second part addresses a number of actions by the President most of which have been the subject of public reporting that the Special Counsel investigated as potentially raising obstruction-of-justice concerns. After making a “thorough factual investigation” into these matters, the Special Counsel considered whether to evaluate the conduct under Department standards governing prosecution and declination decisions but ultimately determined not to make a traditional prosecutorial judgment. The Special Counsel therefore did not draw a conclusion one way or the other as to whether the examined conduct constituted obstruction. Instead, for each of the relevant actions investigated, the report sets out evidence on both sides of the question and leaves unresolved what the Special Counsel views as “difficult issues” of law and fact concerning whether the President’s actions and intent could be viewed as obstruction. The Special Counsel states that “while this report does not conclude that the President committed a crime, it also does not exonerate him.”
The Special Counsel’s decision to describe the facts of his obstruction investigation without reaching any legal conclusions leaves it to the Attorney General to determine whether the conduct described in the report constitutes a crime. Over the course of the investigation, the Special Counsel’s office engaged in discussions with certain Department officials regarding many of the legal and factual matters at issue in the Special Counsel’s obstruction investigation. After reviewing the Special Counsel’s final report on these issues; consulting with Department officials, including the Office of Legal Counsel; and applying the principles of federal prosecution that guide our charging decisions, Deputy Attorney General Rod Rosenstein and I have concluded that the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense. Our determination was made without regard to, and is not based on, the constitutional considerations that surround the indictment and criminal prosecution of a sitting president.
In making this determination, we noted that the Special Counsel recognized that “the evidence does not establish that the President was involved in an underlying crime related to Russian election interference,” and that, while not determinative, the absence of such evidence bears upon the President’s intent with respect to obstruction. Generally speaking, to obtain and sustain an obstruction conviction, the government would need to prove beyond a reasonable doubt that a person, acting with corrupt intent, engaged in obstructive conduct with a sufficient nexus to a pending or contemplated proceeding. In cataloguing the President’s actions, many of which took place in public view, the report identifies no actions that, in our judgment, constitute obstructive conduct, had a nexus to a pending or contemplated proceeding, and were done with corrupt intent, each of which, under the Department’s principles of federal prosecution guiding charging decisions, would need to be proven beyond a reasonable doubt to establish an obstruction-of-justice offense.
Status of the Department’s Review
The relevant regulations contemplate that the Special Counsel’s report will be a “confidential report” to the Attorney General. See Office of Special Counsel, 64 Fed. Reg. 37,038, 37,040-41 (July 9, 1999). As I have previously stated, however, I am mindful of the public interest in this matter. For that reason, my goal and intent is to release as much of the Special Counsel’s report as I can consistent with applicable law, regulations, and Departmental policies.
Based on my discussions with the Special Counsel and my initial review, it is apparent that the report contains material that is or could be subject to Federal Rule of Criminal Procedure which imposes restrictions on the use and disclosure of information relating to “matter[s] occurring before grand jury.” Fed. R. Crim. P. 6(e)(2)(B) Rule 6(e) generally limits disclosure of certain grand jury information in a criminal investigation and prosecution. Id. Disclosure of 6(e) material beyond the strict limits set forth in the rule is a crime in certain circumstances. See, e.g. 18 U.S.C. 401(3). This restriction protects the integrity of grand jury proceedings and ensures that the unique and invaluable investigative powers of a grand jury are used strictly for their intended criminal justice function.
Given these restrictions, the schedule for processing the report depends in part on how quickly the Department can identify the 6(e) material that by law cannot be made public. I have requested the assistance of the Special Counsel in identifying all 6(e) information contained in the report as quickly as possible. Separately, I also must identify any information that could impact other ongoing matters, including those that the Special Counsel has referred to other offices. As soon as that process is complete, I will be in a position to move forward expeditiously in determining what can be released in light of applicable law, regulations, and Departmental policies.
* * *
As I observed in my initial notification, the Special Counsel regulations provide that “the Attorney General may determine that public release of” notifications to your respective Committees “would be in the public interest.” 28 C.F.R. § 600.9(c). I have so determined, and I will disclose this letter to the public after delivering it to you.
Sincerely,
William P. Barr
Attorney General

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