University of California, Berkeley law professor and former Deputy Assistant Attorney General John Yoo predicted Monday that the upcoming Mueller report will likely “clear” President Donald Trump of any violations of federal law.
Yoo’s analysis came during a larger conversation with Fox News anchor Sandra Smith about whether or not the report will or should be made public.
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Responding to Smith’s question about the report being released, Yoo expressed his hope that it would while adding that whether the report legally has to be released is another question.
“I think Congressman Schiff is free to issue as many subpoenas as he likes but I think he is mistaken if he thinks he understands Attorney General Bill Barr,” said Yoo. “Bill Barr is put there to defend the institution of the Justice Department and the Justice Department doesn’t have a legal obligation to release the Mueller report in public.”
Yoo contended that the Justice Department would not be obligated to respond to a Schiff subpoena because the regulations that created the special counsel “actually don’t provide for the report to become public.” (RELATED: Exclusive: Trump Says He Will Leave Mueller Report Decision To DOJ)
Instead, it will up to Barr, who “may well choose not to release much of the report” for reasons that have to do with the integrity of the department, such as witness information and targets who were not ultimately prosecuted.
U.S. Attorney General nominee William Barr testifies at his confirmation hearing before the Senate Judiciary Committee January 15, 2019 in Washington, DC. (Photo by Tasos Katopodis/Getty Images)
“The Mueller report, I think, will probably in the end be released in public but it’s just a policy decision up to Mr. Barr and ultimately the president,” said Yoo, adding that “a lot” would likely “become public” because it will probably “clear” Trump.
“I expect that there isn’t any evidence yet of any conspiracy between Trump and the Russians to commit a violation of federal law,” said Yoo. “And since the report more likely than not will clear president Trump, I think the president and the attorney general have a great interest in releasing it as broadly as possible.”
Yoo predicted the “battlefield” would “shift to Congress” after the report is released, which “will want to start some kind of impeachment investigation.”
“They’re gonna go over the same ground I expect that Mr. Mueller has gone over,” he said. “So far it doesn’t look like they’re gonna find anything damaging that Mueller hasn’t already found.”