https://www.nationalreview.com/2019/05/robert-mueller-investigation-was-always-impeachment-probe/
The special counsel abdicated on obstruction to avoid a confrontation with the Justice Department and get his evidence to Congress.
Why mention the OLC guidance at all?
That is the question for Bob Mueller, left hanging by the statement his office jointly issued with Justice Department flacks on Wednesday, clarifying (as it were) remarks he had made hours earlier at his parting-shot press conference.
At issue is Mueller’s decision to punt on the question of whether President Trump should be indicted for obstruction of justice. In his startling remarks, Mueller sought to justify himself by citing instruction from the Justice Department’s Office of Legal Counsel. The longstanding OLC opinion, an outgrowth of Nixon- and Clinton-era scandals, holds that a sitting president may not be indicted. The two press offices were struggling to reconcile (a) Mueller’s pointed reliance on this OLC guidance at the presser with (b) his prior disclaimers of such reliance.
According to Attorney General Bill Barr, in a meeting over two weeks before Mueller submitted his final report, the special counsel emphatically denied that his refusal to render a prosecutorial judgment on obstruction hinged on the OLC guidance. Naturally, in their continuing quest to frame Barr as the most diabolical villain since Lex Luthor, the media-Democrat complex insisted that the AG must be lying.