Clinton Attorney Slams Robert Mueller's Reasons For Not Prosecuting Trump As 'Incoherent and Illogical'

bob mueller
Former FBI Director Robert Mueller, special counsel on the Russian investigation, leaves following a meeting with members of the Senate Judiciary Committee at the US Capitol in Washington, D.C. on June 21, 2017. Mueller has been widely criticized for not deciding whether Trump obstructed justice throughout the special counsel's Russia investigation. Saul Loeb/AFP/Getty Images

Attorney David Kendall, who represents both former President Bill Clinton and Hillary Clinton, slammed Robert Mueller's reasoning for not prosecuting Donald Trump and accused the special counsel of abandoning his duty.

Kendall argued that Mueller's conclusion on the lack of conspiracy between Trump and Russia should be "respected as a traditional prosecutorial judgement," in an op-ed published by The Washington Post on Monday evening.

But the Clinton attorney railed against the special counsel's decision to not make a final determination on whether the president obstructed justice during the 22-month probe. Mueller had investigated at least 10 incidents for potential obstruction charges, including Trump's multiple attempts to oust the special counsel and the firing of former FBI director James Comey.

Kendall wrote that the "failure to draw any conclusion on whether the president obstructed justice was a massive dereliction of the special counsel's duty, and the report's explanation of this failure is both incoherent and illogical."

In his 448-page report, which was redacted and released to the public by Attorney General William Barr in mid-April, Mueller argued that the evidence obtained about Trump's potentially illegal actions "presents difficult issues" and that he could not make a decision ""one way or the other."

But the special counsel added that if his team "had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would state so."

Mueller's indecision led Attorney General Barr and Deputy Attorney General Rod Rosenstein to determined that there was insufficient evidence to prove the president committed a criminal offense.

Barr's decision to make the final judgment on obstruction stunned some former federal prosecutors and has prompted criticism that the attorney general is acting out of loyalty to the president and not the American people.

The attorney general also later admitted to Congress that he did not personally review all of the underlying evidence before making the decision to clear Trump of obstruction of justice.

"Mueller was uniquely situated to make an informed judgment, since he had conducted a massive investigation, heard the witness and analyzed the evidence," Kendall wrote in his op-ed.

"In leaving Barr — who lacks the independence that the special counsel role was designed to preserve — to render judgment on the evidence and the law, Mueller abdicated his duty. Congress should now interview Mueller and his senior staff," he added.

But as long as Mueller is an employee of the Justice Department, either Trump or Barr could block him from testifying before Congress. While Barr has said he has no objection to letting Mueller talk to lawmakers, the president blasted the idea in a tweet on Sunday.

"Are they looking for a redo because they hated seeing the strong NO COLLUSION conclusion? There was no crime, except on the other side (incredibly not covered in the Report), and NO OBSTRUCTION. Bob Mueller should not testify. No redos for the Dems!" Trump wrote.