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And then in Volume 2, for reasons that you explained, the Special Counsel did not make a determination on whether there was an obstruction of justice crime committed by the President.
Is that fair?
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Robert Mueller: Yes, sir.
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Rep. John Ratcliffe: All right. Now, in explaining that special counsel did not make what you called a traditional prosecution or declination decision, the report on the bottom of page two of Volume Two reads as follows.
The evidence we obtained about the president's actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred.
Accordingly, while this report does not conclude that the president committed a crime, it also does not exonerate him.
The special counsel's job, nowhere does it say that you were to conclusively determine Donald Trump's innocence or that the special counsel report should determine whether or not to exonerate him.
It's not in any of the documents.
It's not in your appointment order.
It's not in the special counsel regulations.
It's not in the OLC opinions.
It's not in the justice manual.
And it's not in the principles of federal prosecution.
Nowhere do those words appear together because respectfully, respectfully, respectfully, Director, it was not the special counsel's job to conclusively determine Donald Trump's innocence or to exonerate him, because the bedrock principle of our justice system is a presumption of innocence.
It exists for everyone.
Everyone is entitled to it, including sitting presidents.
And because there is a presumption of innocence, prosecutors never, ever need to conclusively determine it.
Now, Director, the special counsel applied this inverted burden of proof that I can't find and you said doesn't exist anywhere in the department policies and you used it to write a report and the very first line of your report - the very first line of your report says - and you as you read this morning it authorizes the special counsel to provide the attorney general with a confidential report explaining the prosecution or declination decisions reached by the special counsel that's the very first word of your report right
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Robert Mueller: that's correct
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Rep. John Ratcliffe Here's the problem, Director. The Special Counsel didn't do that.
On Volume 2, with respect to potential obstruction of justice, the Special Counsel made neither a prosecution decision or a declination decision.
You made no decision.
You told us this morning and in your report that you made no determination.
So respectfully, Director, you didn't follow the Special Counsel regulations. It clearly says "write a confidential report about decisions reached." Nowhere in here does it say "write a report about decisions that weren't reached."
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