1. 先說結論： pdf 220頁： “如果我們可以為總統脫罪， 我們會清楚地說出來。 但是通過對事實與法律的對照， 我們無法得出這樣的結論。也就是說，雖然這個報告沒有確認總統有罪，但也無法為他脫罪。
2. 穆勒在pdf 213頁解釋了為什麽無法起訴總統。 他從各個角度考慮了司法部不起訴現任總統的規定。 基本上是說：我們如果起訴現任總統，會妨礙總統執行公務。 而且總統沒有時間象普通人一樣在法庭上受審/為自己辯護。 為了對總統公平，我們決定不起訴。
3. 回到pdf 220頁. 憲法沒有豁免總統妨礙司法。 總統也不應該stay above the law. 議會對總統妨礙司法監督與防範是符合製衡與法律麵前人人平等的精神的。
我的解讀： 由於司法部的規定，我無法起訴現任總統， 這件事要麽得議會來處理，要麽得等到川普下台以後有時間抗辯再來起訴。
以下是原文。
pdf 220 頁
Under applicable Supreme Court precedent, the Constitution does not categorically and permanently immunize a President for obstructing justice through the use of his Article II powers . The separation-of-powers doctrine authorizes Congress to protect official proceedings, including those of courts and grand juries, from corrupt, obstructive acts regard less of their source. We also concluded that any inroad on presidential authority that would occur from prohibiting corrupt acts does not undermine the President's ability to fulfill his constitutional mission. The term "corruptly " sets a demanding standard. It requires a concrete showing that a person acted with an intent to obtain an improper advantage for himself or someone else, inconsistent with official duty and the rights ofothers. A preclusion of"corrupt" official action does not diminish the President's ability to exercise Article II powers. For example , the proper supervision of criminal law does not demand freedom for the President to act with a corrupt intention of shielding himself from criminal punishment , avoiding financial liability, or preventing personal embarrassment. To the contrary , a statute that prohibits official action undertaken for such corrupt purposes furthers, rather than hinders, the impartial and evenhanded administration of the law. It also aligns with the President's constitutional duty to faithfully execute the laws. Finally, we concluded that in the rare case in which a criminal investigation of the President 's conduct is justified, inquiries to determine whether the President acted for a corrupt motive should not impermissibly chill his performance of his constitutionally assigned duties. The conclusion that Congress may apply the obstruction laws to the President 's corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.
CONCLUSION
Because we determined not to make a traditional prosecutorial judgment , we did not draw ultimate conclusions about the President 's conduct. The evidence we obtained about the President's actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment. At the same time, 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. Based on the facts and the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.
pdf 213 頁
First, a traditional prosecution or declination decision entails a binary determination to initiate or declin e a prosecution, but we determined not to make a traditional prosecutorial judgment. The Office of Legal Counsel (OLC) has issued an opinion finding that "t he indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions" in violation of "the constitutional separation of powers." 1 Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations , see 28 U.S.C. § 515; 28 C.F.R. § 600.7(a), this Office accepted OLC's legal conclusion for the purpose of exerc ising prosecutorial jurisdiction. And apart from OLC's constitutional view, we recognized that a federal criminal accusation against a sitting President would place burdens on the President's capacity to govern and potentially preempt constitutional processes for addressing presidential misconduct.
Second, while the OLC opinion concludes that a sitting President may not be prosecuted, it recognizes that a criminal investigation during the President's term is permissible . 3 The OLC opinion also recognizes that a President does not have immunity after he leaves office. 4 And if individuals other than the President committed an obstruction offense, they may be prosecuted at this time. Given those considerations, the facts known to us, and the strong public interest in safeguarding the integrity of the criminal justice system , we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available.
Third, we considered whether to evaluate the conduct we investigated under the Justice Manual standards governing prosecution and declination decisions, but we determined not to apply an approach that could potentially result in a judgment that the President committed crimes. The threshold step under the Justice Manual standards is to assess whether a person's conduct "constitutes a federal offense." U.S. Dep't of Justice, Justice Manual§ 9-27.220 (2018) (Justice Manual). Fairness concerns counseled against potentially reaching that judgment when no charges can be brought. The ordinary means for an individual to respond to an accusation is through a speedy and public trial, with all the procedural protections that surround a criminal case. An individual who believes he was wrongly accused can use that process to seek to clear his name. In contrast , a prosecutor's judgment that crimes were committed, but that no charges will be brought , affords no such adversarial opportunity for public name-clearing before an impartial adjudicator . 5 The concerns about the fairness of such a determination would be heightened in the case of a sitting President, where a federal prosecutor's accusation of a crime, even in an internal report , could carry consequences that extend beyond the realm of criminal justice. OLC noted similar concerns about sealed indictments. Even if an indictment were sealed during the President's term , OLC reasoned, "it would be very difficult to preserve [an indictment 's] secrecy, " and if an indictment became public, "[t]he stigma and opprobrium" could imperil the President's ability to govern." 6 Although a prosecutor's internal report would not represent a formal public accusation akin to an indictment, the possibility of the report 's public disclosure and the absence of a neutral adjudicatory forum to review its findings counseled against potentially determining "that the person's conduct constitutes a federal offense ." Justice Manual § 9-27.220.
Fourth, 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. Based on the facts and the applicable legal standards , however , we are unable to reach that judgment. The evidence we obtained about the President 's actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.
