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Photo: Mark Wilson/Getty Images

At his press conference on the release of special counsel Robert Mueller's report Thursday, Attorney General Bill Barr shed some light on why he decided the evidence Mueller set out was "not sufficient to establish" that President Trump obstructed justice.

What he's saying: "Apart from whether the acts were obstructive, this evidence of non-corrupt motives weighs heavily against any allegation that the President had a corrupt intent to obstruct the investigation," Barr said on Thursday morning.

The big picture: Any case for "obstruction of justice" has to demonstrate that said obstruction was driven by corrupt motives. Barr said on Thursday that Mueller's special counsel found 10 episodes of the president potentially obstructing justice, but that it's important to "bear in mind the context."

"President Trump faced an unprecedented situation.  As he entered into office, and sought to perform his responsibilities as President, federal agents and prosecutors were scrutinizing his conduct before and after taking office, and the conduct of some of his associates.  At the same time, there was relentless speculation in the news media about the President’s personal culpability.  Yet, as he said from the beginning, there was in fact no collusion.  And as the Special Counsel’s report acknowledges, there is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks.
Nonetheless, the White House fully cooperated with the Special Counsel’s investigation, providing unfettered access to campaign and White House documents, directing senior aides to testify freely, and asserting no privilege claims.  And at the same time, the President took no act that in fact deprived the Special Counsel of the documents and witnesses necessary to complete his investigation. Apart from whether the acts were obstructive, this evidence of non-corrupt motives weighs heavily against any allegation that the President had a corrupt intent to obstruct the investigation."

Why it matters: Barr and Rosenstein's decision isn't surprising, since the Justice Department Office of Legal Counsel determined in 1973 and 2000 that a president cannot be prosecuted as it limits the White House's ability to function. But applying this federal code to POTUS is still mostly "new ground," according to Politifact.

Background: Obstructing justice is when someone intentionally interferes or attempts to interfere with an ongoing investigation with corrupt intent, according to U.S. Code Chapter 73. Punishments can range from fines or imprisonment up to 20 years (or both). The federal code has 21 statutes laying out the different ways to obstruct justice, including:

  • Tampering with, retaliating against or intimidating a witness, victim, or informant
  • Influencing or injuring an officer of the U.S. or a juror
  • Falsifying or stealing records
  • Someone who "obstructs, influences, or impedes any official proceeding" — or even if they attempt to do so

Go deeper: Mueller report lists 10 episodes of potential Trump obstruction

Go deeper

Twitter labels tweet from RT implying voter fraud in U.S. elections

Photo: Omar Marques/SOPA Images/LightRocket via Getty Images

Twitter on Thursday labeled a tweet from Russian state media outlet RT (formerly Russia Today) that included a video implying widespread voter fraud is plaguing, and potentially delegitimizing, the U.S. election.

Why it matters: It's the first time Twitter has labeled RT's account with a civic integrity label, or a designation used to highlight efforts to manipulate or interfere in elections or other civic processes.

1 hour ago - Health

U.S. tops 88,000 COVID-19 cases, setting new single-day record

Expand chart
Data: COVID Tracking Project; Chart: Axios Visuals

The United States reported 88,452 new coronavirus cases on Thursday, setting a single-day record, according to data from the COVID Tracking Project.

The big picture: The country confirmed 1,049 additional deaths due to the virus, and there are over 46,000 people currently being hospitalized, suggesting the U.S. is experiencing a third wave heading into the winter months.

Updated 2 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Health: Large coronavirus outbreaks leading to high death rates — Coronavirus cases are at an all-time high ahead of Election Day.
  2. Politics: Top HHS spokesperson pitched coronavirus ad campaign as "helping the president" — Space Force's No. 2 general tests positive for coronavirus.
  3. World: Taiwan reaches a record 200 days with no local coronavirus cases.
  4. Sports: MLB to investigate Dodgers player who joined celebration after positive COVID test.
  5. 🎧Podcast: The vaccine race turns toward nationalism.

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