And he would have been well within his rights to do so. Because the White House voluntarily cooperated with the Special Counsel’s investigation, significant portions of the report contain material over which the President could have asserted privilege. Apart from whether the acts were obstructive, this evidence of non-corrupt motives weighs heavily against any allegation that the President had a corrupt intent to obstruct the investigation.Ĭonsistent with long-standing Executive Branch practice, the decision whether to assert Executive privilege over any portion of the report rested with the President of the United States. And at the same time, the President took no act that in fact deprived the Special Counsel of the documents and witnesses necessary to complete his investigation. Nonetheless, the White House fully cooperated with the Special Counsel’s investigation, providing unfettered access to campaign and White House documents, directing senior aides to testify freely, and asserting no privilege claims. And as the Special Counsel’s report acknowledges, there is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks. ![]() Yet, as he said from the beginning, there was in fact no collusion. At the same time, there was relentless speculation in the news media about the President’s personal culpability. As he entered into office, and sought to perform his responsibilities as President, federal agents and prosecutors were scrutinizing his conduct before and after taking office, and the conduct of some of his associates. President Trump faced an unprecedented situation. ![]() In assessing the President’s actions discussed in the report, it is important to bear in mind the context.
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