Professor Bruce Green was quoted in a Law360 article regarding U.S. Attorney General William Barr’s recent comments in which he indicated that special counsel Robert Mueller should have never investigated if he didn’t intend to make a prosecutive decision.
“I think that if he felt that he shouldn’t go down the path of making a traditional prosecutive decision, then he shouldn’t have investigated. That was the time to pull up,” Barr said.
Former Colorado U.S. Attorney John Walsh, now a Democratic candidate for Senate, said Barr was incorrect in saying the investigation should have finished before it started.
“Attorney General Barr simply got it wrong in suggesting that the inability to bring charges or come to an ultimate conclusion meant that the Special Counsel’s Office should not have investigated at all,” Walsh said.
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Attorneys said Wednesday that Barr’s testimony criticizing Mueller raises several questions.Fordham University legal ethics professor Bruce Green said that if it were truly an issue for Mueller to continue investigating given the legal quandary created by the DOJ Office of Legal Counsel’s opinion preventing Trump’s indictment, Rosenstein, who was supervising the probe, could have flagged that at any time.
“It seems a little odd at this point for the attorney general to say Mueller never should’ve followed the evidence because he knew he was going to defer to Justice Department policy,” Green said.