Underscoring that point, former prosecutor Ken White notes that Barr is silent on a crucial question: whether he concluded Trump didn’t interfere in the investigation in an obstructive manner based on the evidence, or, by contrast, that Trump didn’t obstruct justice because interfering inherently cannot be obstruction when done by the head of the executive branch.
Barr made this latter argument in an unsolicited memo that has been sharply criticized by legal experts. Crucially, this is also the theory advanced by Trump’s own lawyers. The question is whether Barr based the decision on this theory. If so, as Neal Katyal suggests, this would put Trump above the law.
But we cannot even evaluate Barr’s decision unless we see the evidence that Mueller laid out “on both sides of the question.”
Guess who decides whether we get to see that evidence: Barr does.