Hundreds of former prosecutors say evidence against Trump supports charges

If Donald Trump weren’t president of the United States, he would have been charged with obstruction of justice, over 400 former federal prosecutors and Justice Department officials said Monday in an extraordinary public letter.

The joint statement, which had 417 signers by early afternoon, rebuts Attorney General William Barr’s assertion that the evidence of potential obstruction uncovered by special counsel Robert Mueller was “not sufficient” to establish that Trump committed a crime.

“Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice,” the statement reads.

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Donald Trump in Wisconsin
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US President Donald Trump claps as he leaves after speaking during a Make America Great Again rally in Green Bay, Wisconsin, April 27, 2019. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
Scott Walker, former governor of Wisconsin, center, waves during a rally with U.S. President Donald Trump in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
Donald Trump Jr., son of U.S. President Donald Trump and executive vice president of development and acquisitions with the Trump Organization Inc., distributes hats to the crowd ahead of a rally with U.S. President Donald Trump in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. As his 2020 campaign gears up, President Donald Trump is putting an early focus on the three Rust Belt states that sent him to the White House after Republican losses in midterm elections showed his support in the region is fading. Photographer: Lauren Justice/Bloomberg via Getty Images
INDIANAPOLIS, INDIANA, UNITED STATES - 2019/04/27: An NRA member and Trump supporter wearing a MAGA hat looks at a shotgun during the third day of the National Rifle Association convention. (Photo by Jeremy Hogan/SOPA Images/LightRocket via Getty Images)
Attendees hold placards during a rally with U.S. President Donald Trump in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
U.S. President Donald Trump waves during a rally in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
Attendees hold placards during a rally with U.S. President Donald Trump in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
U.S. President Donald Trump speaks during a rally in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
U.S. President Donald Trump arrives at a rally in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
U.S. President Donald Trump speaks during a rally in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
U.S. President Donald Trump speaks during a rally in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
Donald Trump Jr., son of U.S. President Donald Trump and executive vice president of development and acquisitions with the Trump Organization Inc., speaks during a rally with President Trump in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. President Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
U.S. President Donald Trump speaks during a rally in Green Bay, Wisconsin, U.S., on Saturday, April 27, 2019. Trump on Saturday night revved up his campaign pitch to voters in key Rust Belt states by touting the U.S. economy, saying he's working to stop jobs from moving to neighboring countries, and mocking his Democratic opponents. Photographer: Lauren Justice/Bloomberg via Getty Images
US President Donald Trump waves during a Make America Great Again rally in Green Bay, Wisconsin, April 27, 2019. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
US President Donald Trump claps during a Make America Great Again rally in Green Bay, Wisconsin, April 27, 2019. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
TOPSHOT - Supporters listen as US President Donald Trump speaks during a Make America Great Again rally in Green Bay, Wisconsin, April 27, 2019. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
US President Donald Trump leaves after speaking during a Make America Great Again rally in Green Bay, Wisconsin, April 27, 2019. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
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It was signed by, among others, Bill Weld, a former U.S. attorney and Massachusetts governor who is running against Trump for the 2020 Republican nomination; John Martin Sr., a former U.S. attorney for the Southern District of New York; and Paul Rosenzweig, senior counsel to independent counsel Kenneth Starr, who led the investigation that led to the impeachment of President Bill Clinton.

The Mueller report, released last month, did not find that the Trump campaign conspired with Russia to influence the election. It left open the question of obstruction of justice by Trump, citing a Justice Department memo that precludes bringing an indictment against a sitting president. But it chronicled at least 10 episodes of efforts by Trump to obstruct the federal probe that the statement says satisfies all of the elements for an obstruction charge: “conduct that obstructed or attempted to obstruct the truth-finding process, as to which the evidence of corrupt intent and connection to pending proceedings is overwhelming.”

They include “the President’s efforts to fire Mueller and to falsify evidence about that effort; the President’s efforts to limit the scope of Mueller’s investigation to exclude his conduct; and the President’s efforts to prevent witnesses from cooperating with investigators probing him and his campaign.”

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Attorney General William Barr testifies before the Senate Judiciary Committee on the Mueller report
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Attorney General William Barr testifies before the Senate Judiciary Committee on the Mueller report
Attorney General William Barr is photographed as he sits down to testify before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, May 1, 2019. (AP Photo/Susan Walsh)
Attorney General William Barr, right, is sworn in by Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., left, as he faces lawmakers' questions for the first time since releasing special counsel Robert Mueller's Russia report, on Capitol Hill in Washington, Wednesday, May 1, 2019. (AP Photo/J. Scott Applewhite)
Attorney General William Barr is sworn in to testify before the Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, May 1, 2019, on the Mueller Report. (AP Photo/Andrew Harnik)
Attorney General William Barr is sworn in to testify before the Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, May 1, 2019, on the Mueller Report. (AP Photo/Andrew Harnik)
Attorney General William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, May 1, 2019, on the Mueller report. (AP Photo/Andrew Harnik)
Attorney General William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, May 1, 2019, on the Mueller report. (AP Photo/Andrew Harnik)
Attorney General William Barr testifies before the Senate Judiciary Committee about the Russia report by special counsel Robert Mueller on Capitol Hill in Washington, Wednesday, May 1, 2019. (AP Photo/J. Scott Applewhite)
Attorney General William Barr testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, May 1, 2019. (AP Photo/Susan Walsh)
Attorney General William Barr testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, May 1, 2019. (AP Photo/Susan Walsh)
Attorney General William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, May 1, 2019, on the Mueller Report. (AP Photo/Andrew Harnik)
Attorney General William Barr testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, May 1, 2019. (AP Photo/Susan Walsh)
Attorney General William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, May 1, 2019, on the Mueller Report. (AP Photo/Andrew Harnik)
Attorney General William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Wednesday, May 1, 2019, on the Mueller Report. (AP Photo/Andrew Harnik)
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“Of course, there are potential defenses or arguments that could be raised in response to an indictment of the nature we describe here,” the former prosecutors add. “But, to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice ... runs counter to logic and our experience.”

Barr made the decision not to bring charges against Trump. The former prosecutors did not say what they believe should happen next. Their statement comes as congressional Democrats continue their investigations into Trump’s conduct as they weigh possible impeachment of the president.

Trump has falsely claimed that the special counsel’s investigation exonerated him on both collusion and obstruction.

But Mueller explicitly declined to exonerate Trump in his report.

“If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state,” the report read. “We are unable to reach that judgment.”

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