BILL BARR – Unqualified For Office – Unfit To Act In A Quasi-Judicial Capacity
There have been many articles pointing out that Bill Barr unethically has acted as Trump’s defense counsel rather than fulfilled his oath to uphold the Constitution and be the Attorney General of all of the American people. There have also been some absurdist “apologias” for Barr some written by once-respected lawyers who should know better, and others written by the normal Trump hacks.
Here are my choices for four of the best articles explaining why Barr should not be the Attorney General. It goes without saying that he shouldn’t by any stretch of the imagination be running the Immigration Court system. His intervention into individual cases in a quasi-judicial capacity is a clear violation of judicial ethics requiring avoidance of even the “appearance” of a conflict of interest. There is no “appearance” here. Barr has a clear conflict in any matter dealing with immigration.
http://nymag.com/intelligencer/2019/04/impeach-attorney-general-william-barr.html
Congress Should Impeach William Barr
Attorney General William Barr. Photo: Brendan Smialowski/AFP/Getty ImagesHouse Democrats are going to face a difficult decision about launching an impeachment inquiry into President Trump. Balanced against the president’s impressive array of misconduct is the fact that several more criminal investigations that may add to the indictment are already underway, and that impeaching the president might jeopardize the reelection of red-state Democratic members. But in the meantime, Attorney General William Barr presents them with a much easier decision. Barr has so thoroughly betrayed the values of his office that voting to impeach and remove him is almost obvious.
On March 24, Barr released a short letter summarizing the main findings of the Mueller investigation, as he saw them. News accounts treated Barr’s interpretation as definitive, and the media — even outlets that had spent two years uncovering a wide swath of suspicious and compromising links between the Trump campaign and Russia — dutifully engaged in self-flagellation for having had the temerity to raise questions about the whole affair.
Barr had done very little to that point to earn such a broad benefit of the doubt. In the same role in 1992, he had supported mass pardons of senior officials that enabled a cover-up of the Iran–Contra scandal. Less famously, in 1989 he issued a redacted version of a highly controversial administration legal opinion that, as Ryan Goodman explained, “omitted some of the most consequential and incendiary conclusions from the actual opinion” for “no justifiable reason.”
And while many members of the old Republican political Establishment had recoiled against Trump’s contempt for the rule of law, Barr has shown no signs of having joined them. He met with Trump to discuss serving as his defense lawyer, publicly attacked the Mueller investigation (which risked “taking on the look of an entirely political operation to overthrow the president”), called for more investigations of Hillary Clinton, and circulated a lengthy memo strongly defending Trump against obstruction charges.
The events since Barr’s letter have incinerated whatever remains of his credibility. The famously tight-lipped Mueller team told several news outlets the letter had minimized Trump’s culpability; Barr gave congressional testimony hyping up Trump’s charges of “spying,” even prejudging the outcome of an investigation (“I think there was a failure among a group of leaders [at the FBI] at the upper echelon”); evaded questions as to whether he had shared the Mueller report with the White House; and, it turns out, he’s “had numerous conversations with White House lawyers which aided the president’s legal team,” the New York Times reports. Then he broke precedent by scheduling a press conference to spin the report in advance of its redacted publication.
It is not much of a mystery to determine which officials have offered their full loyalty to the president. Trump has reportedly “praised Barr privately for his handling of the report and compared him favorably to former Attorney General Jeff Sessions” —whose sole offense in Trump’s eyes was following Department of Justice ethical protocol. Trump urged his Twitter followers to tune in to Barr’s conference, promotional treatment he normally reserves for his Fox News sycophants.
The press conference was the final disqualifying performance. Barr acted like Trump’s defense lawyer, the job he had initially sought, rather than as an attorney general. His aggressive spin seemed designed to work in the maximal number of repetitions of the “no collusion” mantra, in accordance with his boss’s talking points, at the expense of any faithful transmission of the special counsel’s report.
Barr’s letter had made it sound as though Trump’s campaign spurned Russia’s offers of help: “The Special Counsel did not find that the Trump campaign, or anyone associated with it, conspired or coordinated with the Russian government in these efforts, despite multiple offers from Russian-affiliated individuals to assist the Trump campaign,” he wrote. In fact, Mueller’s report concluded, “In some instances, the Campaign was receptive to the offer,” but that the cooperation fell short of criminal conduct.
Where Mueller intended to leave the job of judging Trump’s obstructive conduct to Congress, Barr interposed his own judgment. Barr offered this incredible statement for why Trump’s behavior was excusable: “[T]here is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks,” Barr said. “Nonetheless, the White House fully cooperated with the Special Counsel’s investigation,” and credited him further with taking “no act that in fact deprived the Special Counsel of the documents and witnesses necessary to complete his investigation.”
Sincere? How can Barr use that word to describe the mentality of a man whose own staffers routinely describe him in the media as a pathological liar? Trump repeatedly lied about Russia’s involvement in the campaign, and his own dealings with Russia. And he also, contra Barr, repeatedly denied the special counsel access to witnesses by dangling pardons to persuade them to withhold cooperation.
It is true that many of Trump’s attempts to obstruct justice failed. As Mueller wrote, the president’s “efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests.”
This is a rather different gloss on the facts than the happy story Barr offered the press. What’s more, it is a pressing argument for Barr’s own removal. Next to the president himself, the attorney general is the most crucial actor in the safeguarding of the rule of law. The Justice Department is an awesome force that holds the power to enable the ruling party to commit crimes with impunity, or to intimidate and smear the opposing party with the taint of criminality.
There is no other department in government in which mere norms, not laws, are all that stand between democracy as we know it and a banana republic. Barr has revealed his complete unfitness for this awesome task. Nearly two more years of this Trumpian henchman wielding power over federal law enforcement is more weight than the rickety Constitution can bear.
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Dvid Leonhardt of the NY Times writes:
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https://www.huffpost.com/entry/william-barr-misled-public-mueller-report_n_5cb8b2b0e4b032e7ceb60d05
The Ways William Barr Misled The Public About The Mueller Report
Instead of just releasing the special counsel’s findings, the U.S. attorney general spun the report to the benefit of President Trump.
Sure, Billy Barr is completely unqualified for those of us who think that the Attorney General should be the primary appointed stewart of judicial integrity for the USA.
But for Trump supporters who think the AG’s primary job is help Trump achieve his ethnic cleansing and dismantling USA’s Constitutional Democracy, ASAP, before the 2020 Census requires redistricting that precludes Making America White Again, whatever that means.
Billy Barr is smooth, unlike Rudy Giuliani who scares the children with his Nosferatu doppelganger impersonator. I wish I could post a dual picture I have of Giuliani and Nosferatu in this blog. If you want it, ask me at gusvillageliu@gmail.com. Very funny and eerily identical contenounces. But back to Billy Barr.
Billy Barr reminds me of Albert Speer, Hitler’s architect, who escaped the gallow after Nuremberg and served only a few years as a war criminal because all he did was manage the economic and industrial side of the Third Reich, including working slave labor from concentration camps Himmler provided as head of the SS, etc.
Or maybe Billy Barr is merely another Useful Idiot. Many of them attach themselves to tyrants like Trump thinking that being competent team players is inherently good regardless of the master’s overall plan. Like Colonel Nicholson played by Oscar Winning actor Alec Guinnes in “The Bridge Over the River Kwai” where Colonel Nicholson built a superb wooden bridge for the War Effort of the Japanese Enemy, with his fellow captive prisoners as slave labor and was dismayed when the Allies destroyed it .
So where does Billy Barr fit in between Speer and Colonel Nicholson depends on your take on Trump, and will depend on his further actions. He is off to a terrible start except for those who think the AG of the USA, should be Trump’s Roy Cohn. We’ve never had an Attorney General who so brazenly lied about its contents when releasing a Report.
Even disgraced former AG John Mitchell unwisely advised: “Watch what we Do, not What we Say”. We did, and Big John ended up in prison. Sometimes what we say and what we do are the same thing! And as Joan Baez sang: “Some men rob you with a sixshot, some men rob you with an ink pen”.
Gotta hand it to Billy Barr. He is making that bigot Jefferson Davis Beauregard Sessions look better all the time in comparison. For anyone interested, I also have a side by side dual photo of doppelgangers Sessions and Alfred E. Newman (What me Worry?) of Mad Magazine available to anyone ho writes me at gusvillageliu@gmail.com
Finally. When I say Billy Barr I keep thinking of Billy Baggs from the movie “Goodfellows” and his demise. Where is Joe Pesci when we really need him. LOL! Happy Easter.
My money is still on Sessions as “Worst AG” based on 1) overtly racist agenda; 2) frequent use of false narratives and demeaning terms to describe asylum seekers and their lawyers; 3) pursuit of overtly illegal programs such as family separation and punishing sanctuary cities even after “real” Federal Courts pointed out how it was illegal; 4) termination of DACA on bogus legal grounds; 5) total mismanagement of Immigration Courts and unnecessarily increasing backlogs by hundreds of thousands of cases while trying to blame the victims of his misconduct — those trying to get fair hearings and their representatives; 6) reducing and demeaning the position of Immigration Judge to that of a “DHS Agent in robes;” and 7) unethical behavior by intervening in individual immigration cases while exhibiting a clear “appearance of impropriety” based on his public statements and actions favoring DHS enforcement, a party to the cases.
That being said, I have to agree with Gus that Barr is giving “Gonzo Apocalypto” and “John the Con” a run for their money. And, it’s still early in the game, so it’s perfectly possible that Barr ultimately will inflict much more damage on the DOJ and our justice system that either of his competitors. Hard to imagine there will any system or country left by that time, though.
In any event, the damage inflicted by Sessions and Barr might require that a future more responsible Congress, in addition to creating an Article I Immigration Court, reorganize the DOJ and split its functions in some manner. Perhaps the litigation and prosecution roles have to be separated out and placed in the hands of a neutral and professional “Chief Solicitor” appointed for a term of 10 years, like the FBI Director.
But, for the second time in my lifetime, the critical role and integrity of the DOJ have been compromised by an unethical President and his cronies acting as Attorneys General. (I count Sessions in this because although he did fail to protect Trump’s personal misconduct to the extent that Barr has done, he did compromise the law and engage in biased and disingenuous conduct to further Trump’s White Nationalist Political Agenda that clearly was at odds with the AG’s supposed role of protecting the rights of ALL the people — not just Trump supporters). That it could happen more than four decades apart shows the inadequacy of the current DOJ structure and institutional integrity. Something needs to change.
PWS
04-20-19