Judge pauses release of part of memo cited by Barr in decision not to charge Trump with obstruction
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Ajudge has ruled that the Justice Department does not need to disclose the second portion of a memo cited by then-Attorney General William Barr in choosing not to charge then-President Donald Trump with obstruction.
The Washington Times reported that judge Amy Berman Jackson granted the department’s request to pause the order mandating the disclosure of the full memo, which contends there was not enough evidence to prosecute Trump with obstruction.
The first portion of the memo was previously released to the public. The judge noted that the DOJ required time to appeal the order since “without a stay, the battle would be lost before it begins.”
“While there may be some additional public benefit in revealing the contents of Section II, the Court will not deny the Department the opportunity to challenge its ruling in order to advance that interest at this time,” the ruling says, according to the outlet.
The memo was crafted by the Office of Legal Counsel following the release of the Mueller report regarding if Trump had obstructed justice in the Russia probe, according to the outlet, which noted that Barr reportedly asked OLC to create a legal opinion on the issue.
The judge pushed back against the notion that the memo represented justification for Barr’s choice to clear Trump.
“DOJ suggested that it was the Barr Memo that prompted the Attorney General to speak, when it appears that the decision to speak prompted the Barr Memo,” she wrote.
“The Court found — given the unique circumstances surrounding the drafting of the Barr Memo, including the timing and joint nature of its creation, and the unique issues presented by DOJ‘s pleadings, including the inconsistencies between the declarations and the memo itself — that DOJ failed to meet its burden to establish that the record was protected under the established law governing the privileges it asserted,” the judge wrote.
BREAKING: Jussie Smollett Granted Release From Jail During Appeal For Hate Crime Hoax Conviction
On Monday, Jussie Smollett’s lawyers demanded the actor be released from prison after he and his family received “vicious threats” that supposedly raised concern for Smollett’s safety while in jail. This request was granted on Wednesday, allowing Smollett to be released from jail on bond while his lawyers appeal his conviction for staging a hate crime and lying to the police about it.
Back in December, Smollett, 39, was found guilty on five felony counts of disorderly conduct. Last week, the disgraced actor was sentenced to 150 days in jail, restitution to the city of Chicago of $120,106, and a $25,000 fine.
During his sentencing, Smollett claimed that he was not suicidal and that if he dies while in jail, it will be the result of foul play. He also maintained his innocence during his sentencing despite the overwhelming and irrefutable evidence against him.
“Your honor, I respect you, and I respect your decision,” said Smollett,” but I did not do this, and I am not suicidal. If anything happens to me when I go in there, I did not do it to myself, and you must all know that.”
Only days after being sent to the Cook County Jail, Smollett was placed in the psych ward, which prison officials claimed is standard policy for high profile criminals.
Smollett’s attorneys had insisted that he could be in danger of physical harm if he remained imprisoned at Cook County Jail, claiming their client was the target of “vicious threats”.
“Mr. Smollett has become the target of vicious threats in the social media forums which no doubt reflects the hatred and wish for physical harm towards Smollett which he may experience during incarceration,” the lawyers’ filing said.
Smollett’s brother has reportedly been “bombarded” with threatening phone calls, and the rest of the family has also received threats.
“Mr. Smollett anticipates he will most likely be assigned to segregated incarceration or protective custody, both euphemisms for solitary confinement; a situation which could have extraordinary damage on his mental health,” continued the filing. “As a result, any custodial setting poses a safety and health danger to the life of Mr. Smollett.”
Apparently, damage to a prisoner’s mental health is of the utmost importance in prison now. Jail, of course, is known to be a relaxing and enjoyable experience.
Regardless, since he was convicted of ‘non-violent” offenses, the court is allowing Smollett to be released from Cook County Jail on a $150,000 recognizance bond, which only has to be paid if he misses a court date.
VIDEO: Kim Potter Only sentenced to 16 months in prison for 1st Degree Manslaughter
Extreme Leniency: Kim Potter was just sentenced to 24 months (2 years) in prison with credit for 8 months time served, meaning her sentence is 16 months.
Judge Regina Chu said that this was the case of a “cop who made a tragic mistake. She drew her firearm thinking it was a Taser and ended up killing a young man.”
The court approved a downward departure from the typical sentence, as Chu said Potter never intended to use her firearm and the scene painted as chaotic. (guy sitting in car)
By Minnesota law, Potter was sentenced only on the higher charge of first-degree manslaughter. The maximum charge is 15 years, but for someone with no criminal history like Potter, guidelines range from between six and eight-and-a-half years.
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