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It raised "difficult issues of law" and he considered it would not be "reasonable" for the defendants to pay the costs.
In Barr's telling, Mueller chose to leave unresolved the question because of "difficult issues" of law and fact concerning the president's actions and his intentions.
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A second difficult issue of law is that most, if not all, of Trump's alleged acts of obstruction were intimately tied to his constitutional powers as Chief Executive and as the leader of U.S. foreign policy.
One difficult issue of law Barr identifies in his letter: the absence of evidence that the President committed an underlying crime related to Russia and the 2016 election, which, as a practical matter, makes it harder to show a corrupt intent to obstruct justice.
Barr says Mueller thoroughly laid out the evidence for and against obstruction, but Mueller did not resolve what he viewed as "difficult issues" of both law and fact.
She has participated in over 3000 panel decisions and authored roughly 400 opinions, handling difficult issues of constitutional law, to complex procedural matters, to lawsuits involving complicated business organizations".
In his report, Mueller addressed obstruction in an unusual way: He laid out evidence on both sides of the question but left "unresolved what the Special Counsel views as 'difficult issues' of law and fact," Barr wrote in his summary.
"For each of the relevant actions investigated, the report sets out evidence on both sides of the question and leaves unresolved what the Special Counsel views as 'difficult issues' of law and fact concerning whether the President's actions and intent could be viewed as obstruction," the letter says.
According to Barr's letter, the Mueller report "does not draw a conclusion one way or the other as to whether the examined conduct constituted obstruction". According to Barr's letter, the special counsel saw "'difficult issues' of law and fact," without specifying what they were.
In nations with a strong religious (or customary) influence on law, feminists may face difficult issues of how to interpret religious law into language more favorable to women's freedom, how to call upon international human rights norms, and/or how to interpret the language of customary law in a way that enables it to absorb feminist reforms over time (Quriashi 2011).
While Congress banned candy, fruit and spice flavoring in tobacco products, it deferred tackling the difficult issue of menthol to the F.D.A. when it gave the agency broad authority to regulate tobacco products under a new law passed in 2009.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com