In Flynn Case, Barr Once more Takes Intention at Mueller Inquiry

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In Flynn Case, Barr Once more Takes Intention at Mueller Inquiry

WASHINGTON — Shortly after admitting guilt to a federal choose in December 2017 for mendacity to the F.B.I., Michael T. Flynn issued a press releas


WASHINGTON — Shortly after admitting guilt to a federal choose in December 2017 for mendacity to the F.B.I., Michael T. Flynn issued a press release saying what he did was flawed, and “by my religion in God, I’m working to set issues proper.”

Recent disclosures about the F.B.I.’s handling of the Flynn case raise questions about why the bureau’s leadership sent agents to interview Mr. Flynn without coordinating with top Justice Department officials, the latest in a series of revelations about F.B.I. abuses in politically charged investigations in recent years. Mr. Barr, however, even suggested that a theory of the case embraced by Mr. Mueller and his team might have made them blind to the facts.

“One of the things you have to guard against, both as a prosecutor and I think as an investigator, is that if you get too wedded to a particular outcome and you’re pursuing a particular agenda, you close your eyes to anything that sort of doesn’t fit with your preconception,” he said. “And I think that’s probably the phenomenon we’re looking at here.”

But when Mr. Mueller made his findings public, many criticized him for doing the opposite. His conclusions, especially about whether Mr. Trump had committed any obstruction of justice offenses by impeding the inquiry, were dense, burdened by legalese and appeared to reflect a tortured debate among the special counsel’s team. They delivered no easy sound bite that the president’s opponents could seize upon — allowing Mr. Trump to distort the judgments by calling them a vindication of his behavior.

The Mueller report “bends over backwards” to show that the special counsel’s team considered all of the legal and political ramifications of investigating a sitting president, said Matthew J. Jacobs, a former federal prosecutor and now a partner at Vinson & Elkins.

“It gives the benefit of the doubt to the subject of the investigation that in any quote unquote normal criminal case doesn’t happen and wouldn’t exist,” said Mr. Jacobs, who once worked for Mr. Mueller at the U.S. attorney’s office in San Francisco.

Mr. Barr’s decision to drop the charges against Mr. Flynn was “unlike anything I’ve seen before,” Mr. Jacobs said, adding that he saw no evidence whatsoever “that General Flynn was set up or entrapped.”

Mr. Barr drew criticism for the way he characterized Mr. Mueller’s findings last year in a four-page letter that — for weeks — served as the public’s only picture of Mr. Mueller’s 22-month investigation. Mr. Mueller privately wrote to the attorney general, saying he had mischaracterized the findings — a letter Mr. Barr described as “snitty” — and over time, Mr. Barr has repeatedly tried to emphasize the harm done to the investigative targets of the F.B.I. and the special counsel’s office.

Mr. Barr has long insisted that he works independently of the White House, and in February, he said that Mr. Trump’s public comments about the Justice Department sometimes made it “impossible” for him to do his job. Those comments came after Mr. Barr and other top department officials intervened to try to reduce a prison sentence in another case brought during the Mueller investigation: that of Roger J. Stone Jr., a longtime friend of the president’s who was convicted of lying to Congress, witness tampering and obstruction of justice in a bid to thwart a congressional inquiry that threatened Mr. Trump.

The president has made it clear both to aides and foreign officials that he sees Mr. Barr as a crucial ally in the grinding battle against his perceived enemies. Last July, the day after Mr. Mueller’s congressional testimony seemed to lower the curtain on a more than two-year drama that had imperiled the Trump presidency, Mr. Trump was on the phone with President Volodymyr Zelensky of Ukraine asking him to assist the attorney general in an investigation “to get to the bottom of” how the Russia investigation began.

“As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller,” the president said. The requests to Mr. Zelensky helped form the basis of an impeachment case against Mr. Trump in the ensuing months.

They did not appear to find any evidence. It remains uncertain, however, what Mr. Durham will find over his investigation, expected to finish sometime this year, and what effect it will have on the legacy of the Mueller investigation.

The president, of course, has not waited to pass judgment. On Thursday, the day the Justice Department dropped the criminal charges against Mr. Flynn — the first top White House official to have been ensnared in the Russia investigation — Mr. Trump was on the phone with President Vladimir V. Putin of Russia to celebrate the 75th anniversary of the end of World War II in Europe.

“I wouldn’t be surprised,” he said he told Mr. Putin, “if you see a lot of things happen over the next number of weeks.”



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