It is shocking how misleading and disingenuous the attorney general’s four-page letter, and his subsequent remarks at the press conference, turned out to be. The Mueller report identifies numerous instances of interactions with Russian nationals—by the Trump campaign or Trump associates—in an effort to gain hacked emails and to coordinate their dissemination. That may not be enough to warrant criminal conspiracy charges, but saying there was no collusion—as Barr did—is brazenly dishonest. The campaign certainly tried to collude.
—Bradley P. Moss, National Security Attorney
The Mueller report makes unmistakably clear that Americans were attacked by foreign military units: specifically Russian “Military Units 26165 and 74455.” And it reminds us that the president and members of his campaign invited and welcomed those attacks, even if it did not arrange them, and that they were eager to profit from the proceeds of those attacks. That should be of immense concern. If the attack were a bombing rather than a hacking, perhaps the magnitude of the problem would be clearer. The hack was no less an attack than something more literally explosive.
— Justin Levitt, Deputy Assistant to the Attorney General, 2015–17
The obstruction of justice portion of the report reads like a prosecution memorandum that is leading up to a conclusion to recommend an indictment. It lays out the facts in painstaking detail, some of which (like the discussions of a Manafort pardon) are classic efforts to influence witness testimony. It then contains a lengthy legal analysis of why these acts are criminal and why the legal counterarguments are mere hand-waving. And then, at the denouement, when the conclusion should have read “for these reasons we recommend an indictment,” the report radically changes tack. Any other American in the same circumstances would likely be facing criminal charges. Mueller flinched—and that’s a shame.
— Paul Rosenzweig, Deputy Assistant Secretary for Policy, Department of Homeland Security, 2005–9
I assume most people would have thought the entire point of the special counsel investigation on obstruction was precisely to determine whether the president had committed any crimes. But the report concludes that because the president cannot be indicted while in office, it would be “unfair” in principle to conclude he had committed a crime, because unlike the ordinary criminal defendant, he would not soon have a trial in which he could clear his name. In other words: Since the president cannot be indicted while in office, he also can’t be found by the Justice Department to have committed a crime while in office.
— Rick Pildes, former clerk for Supreme Court Justice Thurgood Marshall
Mueller’s stated rationale for declining to reach a judgment about obstruction rests on an almost absurdly delicate conception about the president's ability to answer such charges. The evidence of obstruction gathered in Volume II is absolutely devastating (Barr’s claim, in his four-page letter, that the report simply sets out evidence on “both sides of the question” is wildly misleading). Admittedly, Mueller could not actually indict on obstruction—he understandably regarded DOJ policy (however wrongheaded) as precluding that option. But his unwillingness even to reach a judgment—in the face of so much evidence against the president—is predicated on the view that, without an indictment, the president would be disabled from answering such charges. But if we’ve learned nothing else from the last two years, it is that Trump has an array of weapons at his disposal for sticking up for himself (or enlisting his media allies to do so). For Mueller to reach no stated conclusion, and then handing off his report to an attorney general who auditioned for the job with a memo asserting that any obstruction prosecution on facts such as these would be unconstitutional, all but ensured that the ordinary operation of the federal criminal law would fail.
— Larry Robbins, trial and appellate litigator, Robbins Russell