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Lawfare Archive: What to Make of the Mueller Report

The Lawfare Podcast

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The OLC's Reluctance to Reach a Prosecutorial Recommendation

I actually think it was more than a reluctance to reach an actual prosecutorial recommendation because he seems pretty clearly to say given his role as an attorney in the Department of Justice and under the framework of the Special Counsel Regulations. So I read that is I can't reach the ultimate conclusion of whether a crime was committed because I am bound by this OLC opinion which although technically of course only implies to the actual indictment everything within it. And obviously we can criticize it as you have Bob would lead to the conclusion that he also couldn't make that recommendation though he clearly invoked some prudential reasons for that.

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