In Volume 1, the special counsel investigated the potential coordination between the Russian government and the Trump campaign. In that volume, the Special Counsel concluded there was not enough evidence to reach a conclusion of coordination (aka collusion).
Volume 2 of the report focuses on obstruction of justice by the President of the United States. And this volume of the report is more discreet in its conclusion. In fact, it is so discreet as to state:
… if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state.
Mueller Report Volume 2, Page 2.
And the reason for Mueller’s position was that complete exoneration was the preferred summary of his report. That is because according to an opinion from the Office of Legal Counsel (OLC), a sitting President could not be indicted. The OLC is the office the provides guidelines and the framework used by the Special Counsel during their investigations. The OLC’s opinions are used to answer any questions which may not have been constitutionally answered.
A Sitting President’s Amenability to Indictment and Criminal Prosecution, 24 Op. O.LC.
Mueller Report Volume 2, Page 1
Mueller uses that opinion to basically state “why indict if you cannot prosecute”:
Fairness concerns counseled against potentially reaching that judgment (commitment of a federal offense) when no charges can be brought.
Mueller Report Volume 2, Page 2
This leads us to the conclusion of his summary on obstruction of justice:
… if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgement. The evidence we obtained about the President’s actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.
Mueller Report Volume 2, Page 2.
While each party will spin the meaning of that paragraph to fit their narrative, reading it objectively makes me wonder if Mueller and his team worded it as such for a reason.
