Fmr. Deputy AG on Mueller Testimony: It’s Essential that the Prosecutor Make a Judgment About Intent

EXCERPT:

AYER: "Well, I think what it means is that in any investigation where there’s an issue of intent, and that’s very much what we have here in the context of the obstruction of justice statute, it’s essential that the prosecutor make a judgment about intent. And the only real way to make that judgment is by looking at all the evidence taken together. Because Bob Mueller believed and took the position that he wasn’t able to reach a final conclusion about whether there was an indictable offense, he never drew that final conclusion by looking at all the evidence. There are parts of the report on p.7 and on p.157 and probably other places in Vol.2 where he notes it’s really important to look at all the facts and all the circumstances together, but he never does that because if he did, he would find himself saying what he believed he couldn't say. Now, what’s interesting is that the Attorney General has intervened essentially and after the fact has said that Bob Mueller was wrong. And he misinterpreted the opinion of the office of legal counsel and he could have gone ahead and reached the conclusion. So what he needs now is do what any prosecutor would do in a case involving multiple facts and a big issue of intent. And he needs to draw the conclusion from those facts. And when you do, it’s perfectly clear that there’s enormously powerful evidence of an intent to interfere dishonestly with the investigation."