🤮🤥 “DUH” OF THE DAY: “Billy the Bigot” Barr Is An Unethical, Right-Wing Hack Who Abused His Authority @ DOJ In Service Of Trump Over America! — Durham Investigation Was “Abusive, Partisan, and Unhinged!“

Barr Departs — Lowering The Barr by Randall Enos, Easton, CT
Republished By License

https://nymag.com/intelligencer/2023/01/the-durham-probe-was-barrs-witch-hunt.html

Johnathan Chait @ The Intelligencer:

There is an enduring pattern in American conservatism in which the right first develops a paranoid interpretation of the liberal Establishment, and then reverse engineers its own version of the monster it has imagined. Conservatives convinced themselves that the mainstream media and universities were mere propaganda organs, then created institutions like the Heritage Foundation and Fox News, warped reflections of their own overheated critique. The January 6 insurrection was, of course, in the mind of its participants, a “response” to the imagined vote-fraud conspiracy and its antifa/BLM shock troops.

John Durham’s investigation is a classic episode in this tradition. The American right first convinced itself that Robert Mueller and the deep state, using the cover of dispassionate professionalism, had launched a partisan witch hunt to smear Donald Trump. In response, it created a right-wing mirror image, as fervently partisan and unhinged as they believed their enemies to be.

The New York Times has a deeply reported narrative showing how Durham’s counter-investigation of the Russia probe, cooked up by William Barr at Donald Trump’s urging, was just as abusive, partisan, and unhinged as Trump’s defenders made Mueller out to be.

The purpose of special counsel is to wall off a politically sensitive investigation from the attorney general. But Durham, reports the Times, was working closely with Barr behind closed doors all along. The two Republicans dined and drank together, and came to share Barr’s Fox News–brained beliefs that Trump had been the victim of a conspiracy.

Rather than preventing Barr from meddling in a politicized investigation, this arrangement inverted that purpose and laundered Barr’s involvement through Durham’s putative independence. “At some point, some particularly ill-informed critic of the administration may try to paint Durham as a right-wing hack or Republican loyalist,” wrote National Review’s Jim Geraghty in a fawning profile, singling out the NAACP’s Sherrilyn Ifill for having the temerity to suggest Durham might have been compromised by serving Trump’s ends.

Durham and Barr kept failing to prove the deep-state conspiracy they imagined, but continued to press forward anyway. At one point they seized upon hacked Russian memos that intelligence analysts deemed obviously fake, instead treating them as a valuable intelligence trove, and tried to prove it out, even harassing one of the targets to obtain his emails (which contained nothing incriminating). It weirdly reflected the Trumpist accusation that Robert Mueller had been tricked into pursuing Russian disinformation.

As Durham kept failing to find support for the conspiracy he was pursuing, and which Barr kept floating in public, his deputies chafed at his obsession. Eventually, one of them resigned in protest when he brought charges against Michael Sussmann, a target of the right. As his former lieutenants expected, Durham’s case was defeated in court.

. . . .

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Read the complete article at the link.

Immigration advocates didn’t need a NY Times investigation to tell you that Barr was corrupt! Biased anti-immigrant, anti-asylum “AG precedents;” BIA “Appellate Judges” appointed for their unusually high asylum denial rates and known hostility to migrants and their attorneys; Immigration Judges appointed without expertise in immigration and human rights, overwhelmingly from the ranks of prosecutors; busting the IJ union (“NAIJ”) for speaking out against DOJ’s politicized mismanagement; issuing an EOIR “Fact Sheet” full of lies, misrepresentations, and myths; appointing politicized managers at EOIR without judicial or due process qualifications; taking ethically questionable litigating positions in Federal Court; the list of Barr’s abuses of authority on immigration and human rights goes on and on!

AG Merrick Garland has made a few ameliorative changes. Some of the worst precedents have been overruled; some unqualified political senior executives been removed or reassigned; over time, judicial selection has been shifted to a more balanced, merit-based system that has resulted in the appointment as Immigration Judges of some widely-recognized experts, with experience representing individuals, and a demonstrated commitment to due process for all; “numerical quotas” for IJs have been eliminated. (Curiously, however, Garland “honored” 17 “transition” Barr judicial selections made under badly flawed selection criteria!)

Yet, overall, EOIR remains largely the disaster zone that Barr left behind. Trump-era anti-asylum Appellate Judges continue to dominate the BIA; many Trump-era IJs still misapply basic immigration legal standards and operate “asylum free zones;” management is weak; training is inadequate; dockets are out of control; respondents and their attorneys are treated unprofessionally; quality control is largely nonexistent; wildly inconsistent “refugee roulette” asylum adjudication remains; an enforcement-skewed culture of “any reason to deny and deport” continues to infect EOIR at all levels; “numbers” are emphasized over quality and fairness; and the DOJ’s OIL often defends indefensible EOIR decisions in Federal Court on the apparent rationale that “it’s only migrants’ lives at stake, so who cares!”

Unhappily, the Biden Administration has barely “scratched the surface” of the badly needed and long overdue common sense reforms needed at EOIR and the DOJ to put the Sessions/Barr abuses behind us and move forward! Barr was a bad AG; but, his ghost continues to haunt the DOJ and those seeking equal justice for all!

🇺🇸 Due Process Forever!

PWS

01-30-23

🐥COWARDLY MAGA GOP CLAIMS TO SUPPORT LAW ENFORCEMENT — UNTIL THEY ACTUALLY ENFORCE THE LAW! — JRUBE @ WASHPOST

Jennifer Rubin
Opinion Writer
Washington Post

Jennifer Rubin writes at WashPost:

https://www.washingtonpost.com/opinions/2022/08/14/distinguished-persons-fbi-agents-are-patriots-unlike-maga-republicans/

As MAGA thugs are wont to do, their reaction to the lawful search at former president Donald Trump’s Mar-a-Lago home, which we now know might have been related to nuclear secrets (which Trump has denied), amounted to an stream of insults and threats designed to whip up unhinged, violent characters.

While the exact motives of the person who attacked FBI offices in Cincinnati on Thursday remain unknown, reports indicate he was in D.C. in the days leading up the Jan. 6 insurrection and might have been at the U.S. Capitol that day. The GOP’s cycle of incitement and violence continues.

FBI Director Christopher A. Wray was properly outraged. “Unfounded attacks on the integrity of the FBI erode respect for the rule of law and are a grave disservice to the men and women who sacrifice so much to protect others,” he said in a written statement on Thursday. “Violence and threats against law enforcement, including the FBI, are dangerous and should be deeply concerning to all Americans. Every day I see the men and women of the FBI doing their jobs professionally and with rigor, objectivity, and a fierce commitment to our mission of protecting the American people and upholding the Constitution. I am proud to serve alongside them.”

. . . .

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Read the full op-Ed at the link.

Here’s one of the ways the MAGA GOP insurrectionists show “support” for laws and law enforcement:

Jan 6 MAGA Rioters — DC Capitol Storming IMG 7951.jpg
Crowd of Trump supporters marching on the US Capitol on 6 January 2021, ultimately leading the building being breached and several deaths. PHOTO: Creative Commons License.

🇺🇸 Due Process Forever!

PWS

08-15-22

ERIC HOLDER, JR. @ WASHPOST: Former AG Blasts Chief Toady Billy Barr As Unfit For Office!

https://www.washingtonpost.com/opinions/eric-holder-william-barr-is-unfit-to-be-attorney-general/2019/12/11/99882092-1c55-11ea-87f7-f2e91143c60d_story.html

Opinions

Eric Holder: William Barr is unfit to be attorney general

12-12-19

Attorney General William P. Barr in Washington on Tuesday. (Jacquelyn Martin/AP)

By Eric H. Holder Jr.

Dec. 11, 2019 at 9:13 p.m. EST

Eric H. Holder Jr., a Democrat, was U.S. attorney general from 2009 to 2015.

As a former U.S. attorney general, I am reluctant to publicly criticize my successors. I respect the office and understand just how tough the job can be.

But recently, Attorney General William P. Barr has made a series of public statements and taken actions that are so plainly ideological, so nakedly partisan and so deeply inappropriate for America’s chief law enforcement official that they demand a response from someone who held the same office.

Last month, at a Federalist Society event, the attorney general delivered an ode to essentially unbridled executive power, dismissing the authority of the legislative and judicial branches — and the checks and balances at the heart of America’s constitutional order. As others have pointed out, Barr’s argument rests on a flawed view of U.S. history. To me, his attempts to vilify the president’s critics sounded more like the tactics of an unscrupulous criminal defense lawyer than a U.S. attorney general.

When, in the same speech, Barr accused “the other side” of “the systematic shredding of norms and the undermining of the rule of law,” he exposed himself as a partisan actor, not an impartial law enforcement official. Even more troubling — and telling — was a later (and little-noticed) section of his remarks, in which Barr made the outlandish suggestion that Congress cannot entrust anyone but the president himself to execute the law.

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In Barr’s view, sharing executive power with anyone “beyond the control of the president” (emphasis mine), presumably including a semi-independent Cabinet member, “contravenes the Framers’ clear intent to vest that power in a single person.” This is a stunning declaration not merely of ideology but of loyalty: to the president and his interests. It is also revealing of Barr’s own intent: to serve not at a careful remove from politics, as his office demands, but as an instrument of politics — under the direct “control” of President Trump.

Not long after Barr made that speech, he issued what seemed to be a bizarre threat to anyone who expresses insufficient respect for law enforcement, suggesting that “if communities don’t give that support and respect, they might find themselves without the police protection they need.” No one who understands — let alone truly respects — the impartial administration of justice or the role of law enforcement could ever say such a thing. It is antithetical to the most basic tenets of equality and justice, and it undermines the need for understanding between law enforcement and certain communities and flies in the face of everything the Justice Department stands for.

It’s also particularly ironic in light of the attorney general’s comments this week, in which he attacked the FBI and the Justice Department’s Office of the Inspector General — two vital components of his own department. Having spent the majority of my career in public service, I found it extraordinary to watch the nation’s chief law enforcement official claim — without offering any evidence — that the FBI acted in “bad faith” when it opened an inquiry into then-candidate Donald Trump’s campaign. As a former line prosecutor, U.S. attorney and judge, I found it alarming to hear Barr comment on an ongoing investigation, led by John Durham, the U.S. attorney in Connecticut, into the origins of the Russia probe. And as someone who spent six years in the office Barr now occupies, it was infuriating to watch him publicly undermine an independent inspector general report — based on an exhaustive review of the FBI’s conduct — using partisan talking points bearing no resemblance to the facts his own department has uncovered.

When appropriate and justified, it is the attorney general’s duty to support Justice Department components, ensure their integrity and insulate them from political pressures. His or her ultimate loyalty is not to the president personally, nor even to the executive branch, but to the people — and the Constitution — of the United States.

Career public servants at every level of the Justice Department understand this — as do leaders such as FBI Director Christopher A. Wray and Inspector General Michael Horowitz. Their fidelity to the law and their conduct under pressure are a credit to them and the institutions they serve.

Others, like Durham, are being tested by this moment. I’ve been proud to know John for at least a decade, but I was troubled by his unusual statement disputing the inspector general’s findings. Good reputations are hard-won in the legal profession, but they are fragile; anyone in Durham’s shoes would do well to remember that, in dealing with this administration, many reputations have been irrevocably lost.

This is certainly true of Barr, who was until recently a widely respected lawyer. I and many other Justice veterans were hopeful that he would serve as a responsible steward of the department and a protector of the rule of law.

Virtually since the moment he took office, though, Barr’s words and actions have been fundamentally inconsistent with his duty to the Constitution. Which is why I now fear that his conduct — running political interference for an increasingly lawless president — will wreak lasting damage.

The American people deserve an attorney general who serves their interests, leads the Justice Department with integrity and can be entrusted to pursue the facts and the law, even — and especially — when they are politically inconvenient and inconsistent with the personal interests of the president who appointed him. William Barr has proved he is incapable of serving as such an attorney general. He is unfit to lead the Justice Department.

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Predictably, there were were a few right wing apologias for Billy. That included a remarkable fictional piece by reliable rightest toady and stout defender of autocracy Hugh Hewitt, also in the Post. https://www.washingtonpost.com/opinions/2019/12/11/barrs-focus-abuses-by-fbi-is-entirely-warranted/

Since there is neither legal nor intellectual defense for the vicious attack on our institutions by Trump & Barr, in a misguided effort to “present both sides” of an “argument” where the facts all point one way, the Post has been reduced to giving space to disingenuous right wing hacks like Hewitt.

One the flip side, keeping track of all of the cogent criticisms of Toady Billy’s attacks on America and his own Department would be a full time job. One of the best of this huge field was by a group of former GOP DOJ leadership “alums” who ripped into Barr’s total lack of integrity. https://www.law.com/nationallawjournal/2019/12/10/former-justice-dept-leaders-slam-barrs-commentary-on-inspector-generals-report/

Here’s an excerpt from that article:

Jonathan Rose, who served under the Reagan administration as the assistant attorney general in charge of the Justice Department’s Office of Legal Policy, said the inspector general’s report “rebuts in detail the AG’s charge that the FBI’s investigation of the 2016 Trump campaign was unjustified, overly intrusive, or systematically suppressed exculpatory evidence.”

“This is the first attorney general in the history of presidential impeachment proceedings to enlist as a partisan warrior on behalf of a President. It is a sad day for those of us who revere the historic commitment of the FBI and the Department of Justice to even-handed law enforcement based on truth and verifiable facts,” said Rose, who had previously served under the Nixon administration as the deputy associate attorney general.

Donald Ayer, who served as deputy attorney general under the George H.W. Bush administration, said Barr’s reaction to the inspector general’s report was reminiscent of his handling of Special Counsel Robert Mueller’s report on the Russia investigation. Ahead of the Mueller report’s release, Barr came under criticism for mischaracterizing the report’s findings.

Ayer, a former Jones Day partner who now teaches at Georgetown Law, said the inspector general’s exhaustive investigation showed that the Russia investigation was “properly initiated based on a sound factual basis, and that the allegations of ‘witch hunt’ and bias on the part of those overseeing it are without foundation.”

“Rather than focus on those critical findings which should reassure all Americans, Barr dwells entirely on the report’s further findings that some agents (who he describes as a ‘small group of now-former’ FBI employees) were guilty of misconduct in the manner in which they put forward evidence in some submissions to the [Foreign Intelligence Surveillance Act] court,” Ayer said, referring to the secretive court tasked with weighing warrant applications filed under the surveillance law.

I personally knew and worked with both Jon Rose and Don Ayer. We were all partners at Jones Day’s D.C. Office in the 1990’s.

We also all served in Senior Executive positions in the DOJ during the Reagan Administration. I knew Don better than Jon. I believe he adjudicated a grievance case that I was handling for the “Legacy INS” during my tenure as Deputy General Counsel. My recollection is that case was one of those stemming from the massive “Attorney Reorganization” that Mike Inman and I implemented to unite all INS Attorneys under the General Counsel’s supervision as part of the “Litigation and Legal Advice Offices,” the actual forerunners of today’s Offices of Chief Counsel at DHS!

Another of those cases actually reached a U.S. District Court in Pittsburgh where I was the Government’s “star witness.” I was found “credible” by the District Judge in his ruling in favor of INS Management.

However, admittedly, about 20 minutes into my answer to the Assistant U.S. Attorney’s first question, the Judge interrupted and said something like: “Counsel, could you instruct your witness to stop the history lesson and just answer the question asked?” Ah, the hazards of witnesses who “know too much.”

Of course, I also served at the DOJ under Eric Holder twice: once when he was the Deputy Attorney General during the Clinton Administration and again during his tenure as Attorney General under Obama.

PWS

12-12-19

TOADY WATCH: BILLY BARR ATTACKS AMERICA AND INSULTS JUSTICE IN HIS LATEST DISHONEST STUNT SUCKING UP TO TRUMP AT THE EXPENSE OF OUR NATION!

https://www.nytimes.com/2019/12/09/us/politics/barr-durham-ig-report-russia-investigation.html?action=click&module=Top%20Stories&pgtype=Homepage

Katie Benner reports for the NY Times:

WASHINGTON — Attorney General William P. Barr sharply criticized on Monday the F.B.I.’s decision to open the Russia investigation, undercutting a major finding in a long-awaited watchdog report and at the same time showing his willingness to act as President Trump’s vocal defender.

The report, by the Justice Department’s inspector general, Michael E. Horowitz, found that the F.B.I. had adequate reason in 2016 to open an investigation into the Trump campaign’s ties with Russia. Mr. Horowitz broadly rejected Mr. Trump’s accusations that F.B.I. officials conspired to sabotage his campaign, but Mr. Barr highlighted findings that underscored his and the president’s shared view that investigators were nonetheless overly invasive in scrutinizing people associated with a presidential campaign.

“The inspector general’s report now makes clear that the F.B.I. launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken,” Mr. Barr said in a statement.

Sign Up for On Politics With Lisa Lerer

John H. Durham, a federal prosecutor whom Mr. Barr appointed to run a separate criminal investigation into the origins of the Russia investigation, backed Mr. Barr’s findings in his own highly unusual statement. “Last month, we advised the inspector general that we do not agree with some of the report’s conclusions as to predication and how the F.B.I. case was opened,” Mr. Durham said.Read the Inspector General’s Report on the Russia Investigation

The Justice Department’s inspector general released this report into the early stages of the F.B.I.’s Russia investigation.

The statements from the Justice Department’s top official and one of his key investigators gave Mr. Trump’s supporters ammunition to dispute one of the key findings in the long-awaited report by Mr. Horowitz that excoriated the F.B.I.’s handling of a wiretap application used in the early stages of its Russia investigation.

While the report was searing in its conclusion that the wiretap application process was marked with errors, it exonerated former bureau leaders of accusations by the president and his allies that Mr. Trump was the victim of a politicized conspiracy to sabotage his campaign and his presidency.

Mr. Horowitz concluded that the F.B.I. had sufficient evidence in July 2016 to lawfully open the investigation and to use informants. But he did note that the bureau’s standards were very low.

This is a developing story. Check back for updates.

Katie Benner covers the Justice Department. She was part of a team that won a Pulitzer Prize in 2018 for public service for reporting on workplace sexual harassment issues. @ktbenner

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Billy is desperately trying to put Jeff “Gonzo Apocalypto” Sessions and “John the Con” Mitchell in the rearview mirror in the race to be the worst Attorney General in U.S. history!

PWS

12-09-19

SURPRISE (NOT): Many Of Us Already Knew That CBP Acting Commish Mark Morgan Is Sleazy, Cruel, Immoral, Unethical, & Not Very Bright — Now, It’s Confirmed By The DOJ’s Inspector General — That’s Why He’s A Perfect Fit For The Trump Regime’s Immigration Kakistocracy!

Tal Kopan reports for the SF Chronicle:

Exclusive: Trump’s top border official broke FBI rules to fund happy hours

By Tal Kopan

WASHINGTON — President Trump’s top border official broke federal ethics rules in a previous job by seeking sponsors to buy alcohol and fancy food for FBI happy hours, according to a watchdog report exclusively obtained by The Chronicle.

Mark Morgan, acting commissioner of the Customs and Border Protection agency, continued asking the outside entities to pay for the social events even after being warned it was against federal rules, the Justice Department’s inspector general found.

The previously unreported finding raises questions about the Trump administration’s vetting process for top officials. Although Morgan’s role is typically subject to Senate confirmation, Trump has not nominated him for the job. That has circumvented the traditional review by the Senate — leaving it unclear whether the ethical lapse was ever known to the administration.

Customs and Border Protection and Morgan declined to comment. The White House did not respond to a request for comment.

The violations occurred when Morgan was working at the FBI in 2015 as deputy assistant director of the training division, according to the inspector general’s report. Midway through the investigation in the summer of 2016, Morgan retired from the FBI and was named under then-President Barack Obama to head the Border Patrol. He declined to cooperate with the probe after that, the report said.

More: https://www.sfchronicle.com/politics/article/Exclusive-Trump-s-top-border-official-broke-14864340.php#

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Let’s see. Morgan is the racist charlatan who claimed that he could identify a future gang member just by “looking in their eyes.” He was also an enthusiastic supporter of Trump’s threatened (but never fully implemented) “reign of terror” directed against families in ethnic communities. And, of course, as acting CBP Honcho, he encourages and presides over parts of the “New American Gulag,” “Let ‘Em Die in Mexico,” and other human rights violations every day.

Plus, Morgan is as dim as he is evil if he considers government ethics advice to be “mere suggestions.” But, of course, when funding of a TGIF is on the line, why not “push the envelope.” He does exhibit the arrogance and disregard for the rules that apply to others that is a hallmark of the Trump Regime’s Kakistocracy.

However, it’s also significant that this information was available when Obama appointed Morgan Border Patrol Chief. Lots of today’s gross abuses by the Trump Regime have their roots in the Obama Administration’s overall poor, often uninformed, and sometimes negligent approach to immigration issues.

Travesties like “family detention,” “insider-only” hiring at the Immigration Courts and the BIA, absolutist positions on indefinite detention, defense of “toddlers representing themselves” in Immigration Court, and use of “Aimless Docket Reshuffling” at the Immigration Courts in support of inappropriate and unethical “enforcement goals” all helped create unnecessary disorder and inhumanity in the already poorly functioning system.

Obama had a golden chance both to resolve Dreamers and create an Article I Immigration Court at the beginning of his Administration with badly needed, straightforward statutory reforms. Instead, by putting all of his attention on healthcare, to the exclusion of other pressing humanitarian problems, he more or less insured the later “weaponization” of the Immigration Courts, the creation and expansion of the “New American Gulag,” and holding “Dreamers” hostage.

If Obama had taken bold action in 2009, many of the “original Dreamers” would be fully integrated into our society and on their way to citizenship and full participation in our political process by now. Instead, they are being “hung out to dry” by Trump, the GOP, and likely the Supremes. A generation of American youth is being denied the opportunity to contribute and achieve their full potential in the United States.

And, think of how a “real” independent Immigration Court system, with a diverse judiciary with true immigration, human rights, and due process expertise, might have dealt with Trump’s consistent legal overreach on immigration and asylum issues. Indeed, while the Immigration Court backlog might not have been eliminated by an Article I Court, I’ll be it would be considerably less than it is now with an independent court where judges, not enforcement-driven bureaucrats, are in charge of managing their own dockets.

Obviously, we can’t change the past. But, we certainly can avoid repeating its mistakes in the future. Something to consider when looking at Democratic Presidential contenders.

PWS

11-27-19

“’DUH’ ARTICLE OF DA DAY” – Former FBI Acting Director McCabe Says “then–Attorney General Sessions [was] a Trump-like idiot and racist” – Gee, Seems Like That Was What Liz, Corey, & The Black Caucus Told Us – But McConnell Silenced The Truth & He & His GOP Cronies Subjected America To Perhaps The Worst & Least Qualified Attorney General In U.S. History!

https://slate.com/news-and-politics/2019/02/andrew-mccabe-book-jeff-sessions-irishmen.html

Molly Olmstead reports for Slate:

Former FBI Deputy Director Andrew McCabe’s new book, which details his frustrations with President’s Trump administration, has made it clear that his “disdain for Trump is rivaled only by his contempt for [Jeff] Sessions,” according to an assessment from Washington Post reporter Greg Miller.

According to Miller’s review of the book, McCabe saw then–Attorney General Sessions as a Trump-like idiot and racist who had “trouble focusing, particularly when topics of conversation strayed from a small number of issues,” failed to read intelligence reports, and jumbled classified material with publicly reported news.

The strangest detail from the book, though, had to do with Sessions’ thoughts on the FBI’s hiring practices. According to the Post:

The FBI was better off when “you all only hired Irishmen,” Sessions said in one diatribe about the bureau’s workforce. “They were drunks but they could be trusted. Not like all those new people with nose rings and tattoos — who knows what they’re doing?”

According to a Wall Street Journal review of the book, McCabe wrote in his book that Sessions was only interested in immigration issues. He obsessed over the connection between crime and immigration, and he believed that Islam was an inherently violent religion, according to the Post. When presented with a counterterrorism case, he would first ask where the suspect was born or where the suspect’s parents were from. “He blamed immigrants for nearly every societal problem and uttered racist sentiments with shocking callousness,” Miller concluded from McCabe’s book.

McCabe’s assessment is surprising in only that it comes so bluntly from a man who once was acting head of the FBI but now seems intent on speaking out against the men who made his professional and personal life so difficult for 10 months (before he was fired just hours before his planned retirement, blocking him from receiving his full pension benefits). Sessions has a long, long history of making racist and anti-immigrant comments, while also implementing racist and anti-immigrant policies. A non-exhaustive list includes: allegedly warning a black lawyer to “be careful how you talk to white folks”; calling the NAACP “un-American”; reportedly joking that he used to think the KKK was “OK” until he discovered some smoked marijuana; praising an 1924 immigration act promoted by Nazi-style eugenics; denigrating a judge in Hawaii as “sitting on an island in the Pacific”; fondly remembered George Wallace, America’s most famous segregationist politician, as “one of the most formidable third-party candidates in this century; and lauding “the Anglo-American heritage of law enforcement.”

As for actions, in Alabama, Sessions punished black activists, defended voter suppression tactics, and kept black judges off the federal bench. He opposed sentencing reform over the crack-cocaine disparity. He has opposed hate crime protections and defended the official display of the Confederate flag. He has regularly attended events hosted by anti-immigrant and anti-Muslim groups, which he maintains a close relationship with. He touted falsehoods about DACA and immigrants in general. And of course, he pushed, relentlessly, for deportations and prosecutions of undocumented immigrants and even refugees fleeing domestic and gang violence.

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Sessions is a living example of how someone can spend a lifetime “on the dole” as a so-called “public servant” without providing any meaningful positive service or contributions to the public good.

Compare this “life not so well lived” with the “real world” contributions of the many decent, hard-working, honest, and dedicated civil servants who were screwed over by Trump’s shutdown. Or, compare Sessions’s squandered, anti-social life with the significant “real life” contributions of many of the immigrants, both documented and undocumented, who came before me in Immigration Court over 13 years.

I’m not sure even the worst of the aggravated felons that I ordered deported did as much lasting damage to our nation and its future as did Sessions! He was a child abuser on a grand scale, and someone who used knowingly false narratives to send deserving refugees, particularly abused women, back to torture or even death in the countries from which they had fled. He was the architect of both family separation and the unbridled expansion of the “New American Gulag.”

He promoted hate, intellectual dishonesty, ignorance, bias, and intolerance of all kinds, and was an avowed enemy of kindness and human compassion. He even had the absolute audacity to cite the Christian Bible, the compassionate, merciful, inclusive, and forgiving teachings of one of the world’s greatest “outcasts,” in support of his own perverted, bias-driven, and totally un-Christian world view.

Oh yeah, and he had no management qualifications going into the job and proved, beyond a reasonable doubt, that he couldn’t manage his way out of a paper bag. Seldom in modern times has there been a more demoralized, mission-less, and dysfunctional mess than today’s Department of Justice. Even Watergate didn’t do as much institutional damage.

Sessions’s only real contribution to justice, due process, and the public good was the day he walked out of the U.S. Department of Justice for the last time. But, it will take years, if not generations, to repair the damage he has inflicted on the rule of law, our Constitution, honest government, and humane values.

Truly, Liz was right! This was one supremely unqualified dude!

PWS

02-16-19

“TEXAS TED” HITS NEW LOW IN IDIOTIC DEFENSE OF TRUMP’S PUTIN TIES: “When you get outside the Beltway, I don’t see anyone concerned about this at all,” he said.

https://www.nbcnews.com/politics/meet-the-press/sen-ted-cruz-defends-trump-s-record-russia-tougher-obama-n958131

Ben Kamisar reports for NBC News:

WASHINGTON — Sen. Ted Cruz defended President Donald Trump Sunday amid reports that are raising new questions about the president’s relationship with Russia, insisting that Trump’s record shows he has been “tougher” on the U.S. adversary than past presidents.

When asked about The New York Times report that broke Friday — which says Trump’s firing of former FBI Director James Comey triggered a counterintelligence investigation into whether the president was wittingly or unwittingly working to benefit Russia — the Texas Republican said the focus on special counsel Robert Mueller’s Russia investigation is a Washington-centric fascination.

“When you get outside the Beltway, I don’t see anyone concerned about this at all,” he said.

“If you compare objectively, President Trump’s policies to Russia compared to President Obama’s policies to Russia — by any measure, President Obama was much easier, was much more gentler on Russia,” Cruz said.

Cruz: ‘Premature’ to investigate reports that Trump hid Putin notes

JAN. 13, 201902:48

News outlets reported in 2017 that Mueller was interested in the Comey firing as a possible example of obstruction of justice by the president. And Trump himself connected the firing of Comey to his frustration with the Justice Department’s investigation into Russian election interference during a 2017 interview with NBC News’ Lester Holt.

But the new Times report connects that event to the larger investigation into Russian interference in American politics and elections, asking if the president was acting effectively as a Russian agent, regardless of his intentions.

“Our collective understanding was much narrower — it was just on obstruction: Did the president break the law there?” New York Times reporter Michael Schmidt, who broke the story, said on “Meet the Press” to explain the significance of the revelation.

“Now we know it was much broader, it has national security concerns. The FBI was afraid that the firing of Comey was a way to help the Russians stop the FBI from figuring out what they did in the election.”

Virginia Democratic Sen. Tim Kaine, who spent much of the final weeks of the 2016 presidential campaign criticizing Trump’s posture toward Russia, called the report proof that Congress must protect Mueller’s investigation from any meddling from the administration.

“They had to have a very deep level of concern about this president to take this step,” Kaine, the 2016 Democratic vice presidential nominee, said of the FBI’s decision to open the investigation.

“And that’s again why we need to protect the Mueller investigation,” he added.

Kaine: FBI must have had ‘very deep level of concern’ about Trump to open inquiry

JAN. 13, 201902:09

Trump criticized the New York Times story in a Saturday morning tweet, and called the accusation he might be working to advance Russian interests “insulting” during a Saturday night interview on the Fox News show hosted by ally Jeanine Pirro.

The president’s lawyer, Rudy Giuliani, also dismissed the report in a phone call with NBC News, where he argued “they obviously found nothing or else they would have reported it.”

The Times story wasn’t the only potential bombshell report to come out over the weekend about Trump and Russia.

On Saturday, The Washington Post reported that Trump personally intervened to hide readouts of meetings with Russian President Vladimir Putin. The White House also panned that report, pointing to new sanctions on Russia as proof the administration is being tough on the adversary.

Now that Democrats control the House, it’s possible that committees may look into the details of either story. Cruz, who sits on the Senate Judiciary Committee, said he’d “consider any allegations” as part of his roles on the committee.

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Yeah, Teddy, who cares if our President is a dupe of Vladimir Putin! And, the lies about the Obama Administration just keep flowing. Clearly, Putin was so worried about Hillary Clinton becoming President that he went to great lengths to divide America and hand the Presidency to Trump. The only real debate is whether his efforts actually had a determinative effect on the elections. And, there were never any allegations of connections between Obama and Putin. Trump is sleazy, incompetent, and carrying out a program that has to delight Vladimir Putin. Obama was none of these things. And, it’s certainly worth getting to the bottom of the relationship among Trump, his organization, his family, his associates, and Vladimir Putin.

PWS

DAVID LEONHARDT @ NYT — GOP SCOFFLAWS TRUMP & SESSIONS HAVE WORKED HARD TO DESTROY JUSTICE AT THE DEPARTMENT OF JUSTICE – But, The Law Might Yet Rise Up To Bite Both Of Them!

Leonhardt writes in the NY Times:

There are a good number of lawyers who don’t love their jobs. Sure, the pay is often good. But the hours can be long and the work narrow, leaving many people without much sense of a mission.

The lawyers who work for the Department of Justice, however, tend to feel quite differently about their work.

I’ve known and interviewed many over the years, and they have some of the highest job satisfaction of any group of people I can think of. “You get to do good for a living, and in the name of your country,” as James Comey said in a 2005 speech to Justice Department employees (the same speech I highlighted in my column earlier this week). “If that doesn’t motivate you to work hard, nothing will.”

To many Justice Department lawyers, doing good means pursuing equality under the law. They see themselves as representing some of the highest American ideals: Every citizen deserves the protection of the law, and no citizen is above the law.

Donald Trump does not share the view that the United States has a fundamental set of rules that apply alike to rich and poor, powerful and powerless. “Trump isn’t someone who played close to the line a time or two, or once did a shady deal. He may well be the single most corrupt major business figure in the United States of America,” The Washington Post’s Paul Waldman wrote yesterday. Waldman then listed Trump’s scams: Trump University, bankrupt casinos, illegal labor, stiffed vendors and on and on and on.

He has often figured out how to stop shy of outright illegality or, in other cases, to violate the law in ways that bring only minor sanctions. He has rarely faced big consequences for his misbehavior. But Trump now finds himself in a very different situation.

The scale of the misbehavior by him and his associates appears to be large. It occurred on perhaps the biggest national stage of all, in a presidential campaign. And dozens of talented, committed Justice Department officials have the assignment of figuring out what he actually did. Thank goodness for them and for the work they are doing.

“Mr. Trump has spent his career in the company of developers and celebrities, and also of grifters, cons, sharks, goons and crooks,” The Times editorial board writes. “He cuts corners, he lies, he cheats, he brags about it, and for the most part, he’s gotten away with it, protected by threats of litigation, hush money and his own bravado.”

But, as the headline of that piece bluntly puts it: “The law is coming, Mr. Trump.”

************************************

It’s certainly ironic that Trump and Sessions no longer get along. They are both totally corrupt and dishonest in their own unique ways. Each is a fraud in his own right. And their shared dedication to intellectual dishonesty, bullying, racism, White Nationalism, xenophobia, divisiveness, skewed justice, and every horrible aspect of America’s past certainly should be a uniting factor.

It would be nice to think that the justice system and Justice Department that they abuse every day in office will get the last laugh and eventually sack them up. But, it’s by no means certain that justice will be done here. On the other hand, it’s highly unlikely that Trump, Sessions, or today’s GOP will escape the judgement of history for their misdeeds and the damage they are intentionally inflicting upon our country every day that they are allowed to remain in the offices for which they are so supremely unqualified.

PWS

04-12-18

GONZO’S WORLD: DEEP IRONY – He Might Have Fired McCabe Over Alleged “Lack Of Candor,” But Apocalyoto’s Own Lies, Misrepresentations, And Unlikely “Memory Lapses” Might Finally Catch Up With Him!

https://slate.com/news-and-politics/2018/03/sessions-firing-of-mccabe-violated-his-promise-to-recuse.html

Ryan Goodman reports for Slate:

“Attorney General Jeff Sessions’ decision to fire former FBI deputy director Andrew McCabe appears to directly violate the promise Sessions made, under oath, to recuse himself from such matters.

Some might contend that Sessions’ recusal covered only the Clinton and Trump campaigns, and that McCabe’s firing involved the Clinton Foundation investigation as a separate matter. But Sessions unequivocally assured senators of his intentions during his January 2017 confirmation hearings in response to a clear and specific question from the chair of the Senate Judiciary Committee, Sen. Chuck Grassley. Sen. Grassley asked a follow-up question that went right to the point. In response, Sessions very clearly said his recusal would cover any matters involving the Clinton Foundation.

Here is the full exchange:

Grassley: During the course of the presidential campaign, you made a number of statements about the investigation of former Secretary of State Hillary Clinton, relating to her handling of sensitive emails and regarding certain actions of the Clinton Foundation. You weren’t alone in that criticism. I was certainly critical in the same way as were millions of Americans on those matters, but now, you’ve been nominated to serve as attorney general. In light of those comments that you made, some have expressed concerns about whether you can approach the Clinton matter impartially in both fact and appearance. How do you plan to address those concerns?

Sessions: Mr. Chairman, it was a highly contentious campaign. I, like a lot of people, made comments about the issues in that campaign. With regard to Secretary Clinton and some of the comments I made, I do believe that that could place my objectivity in question. I’ve given that thought.

I believe the proper thing for me to do, would be to recuse myself from any questions involving those kind of investigations that involve Secretary Clinton and that were raised during the campaign or to be otherwise connected to it.

Grassley: OK. I think, that’s—let me emphasize then with a follow-up question. To be very clear, you intend to recuse yourself from both the Clinton email investigation and any matters involving the Clinton Foundation, if there are any?

Sessions: Yes.

This exchange has two implications for how one understands the scope of Sessions’ recusal. First, it goes to defining the scope of the recusal that Sessions made on March 2, 2017. If it is a close call whether the Clinton Foundation matter is sufficiently connected to the Clinton campaign for the purpose of understanding Sessions’ recusal, it should be deemed to be sufficiently connected. After all, that’s essentially what Sessions told Sen. Grassley. Second, if the Clinton Foundation matter is deemed outside the scope of the recusal statement that Sessions made back in March last year, then his decision to fire McCabe shows that he failed to honor the promise for a broader recusal which he clearly made to the Senate in its decision to confirm him as attorney general. The same goes for Hillary Clinton’s emails. Sen. Grassley’s questions and Sessions’ answers specifically covered any matters involving that investigation as well.”

***********************************

Meanwhile, over at Reuters, Karen Freifeld, Sarah N. Lynch, Mark Hosenball have uncovered some evidence that contradicts Gonzo’s “revised account” of his meeting at which George Papadopoulos’s proposed “Russia contacts” were discussed with Trump campaign officials including Gonzo. It now appears that Gonzo’s story that he immediately and strongly denounced them could be a fabrication. Or just another “memory lapse.”

“WASHINGTON (Reuters) – U.S. Attorney General Jeff Sessions’ testimony that he opposed a proposal for President Donald Trump’s 2016 campaign team to meet with Russians has been contradicted by three people who told Reuters they have spoken about the matter to investigators with Special Counsel Robert Mueller or congressional committees.

Sessions testified before Congress in November 2017 that he “pushed back” against the proposal made by former campaign adviser George Papadopoulos at a March 31, 2016 campaign meeting. Then a senator from Alabama, Sessions chaired the meeting as head of the Trump campaign’s foreign policy team.

“Yes, I pushed back,” Sessions told the House Judiciary Committee on Nov. 14, when asked whether he shut down Papadopoulos’ proposed outreach to Russia.

Sessions has since also been interviewed by Mueller.

Three people who attended the March campaign meeting told Reuters they gave their version of events to FBI agents or congressional investigators probing Russian interference in the 2016 election. Although the accounts they provided to Reuters differed in certain respects, all three, who declined to be identified, said Sessions had expressed no objections to Papadopoulos’ idea.

One person said Sessions was courteous to Papadopoulos and said something to the effect of “okay, interesting.”

The other two recalled a similar response.

“It was almost like, ‘Well, thank you and let’s move on to the next person,’” one said.

However, another meeting attendee, J.D. Gordon, who was the Trump campaign’s director of national security, told media outlets including Reuters in November that Sessions strongly opposed Papadopoulos’ proposal and said no one should speak of it again. In response to a request for comment, Gordon said on Saturday that he stood by his statement.

Sessions, through Justice Department spokeswoman Sarah Isgur Flores, declined to comment beyond his prior testimony. The special counsel’s office also declined to comment. Spokeswomen for the Democrats and Republicans on the House Judiciary Committee did not comment.

Reuters was unable to determine whether Mueller is probing discrepancies in accounts of the March 2016 meeting.

The three accounts, which have not been reported, raise new questions about Sessions’ testimony regarding contacts with Russia during the campaign.

Sessions previously failed to disclose to Congress meetings he had with former Russian Ambassador Sergey Kislyak, and testified in October that he was not aware of any campaign representatives communicating with Russians.

U.S. Attorney General Jeff Sessions testifies before a House Judiciary Committee hearing on oversight of the Justice Department on Capitol Hill in Washington, U.S., November 14, 2017. REUTERS/Yuri Gripas

Some Democrats have seized on discrepancies in Sessions’ testimony to suggest the attorney general may have committed perjury. A criminal charge would require showing Sessions intended to deceive. Sessions told the House Judiciary Committee that he had always told the truth and testified to the best of his recollection.

Legal experts expressed mixed views about the significance of the contradictions cited by the three sources.

Sessions could argue he misremembered events or perceived his response in a different way, making any contradictions unintentional, some experts said.

Jonathan Turley, a law professor at George Washington University, said Sessions’ words might be too vague to form the basis of a perjury case because there could be different interpretations of what he meant.

United States Attorney General Jeff Sessions visits families of opioid overdose victims at the U.S. Attorney’s Office for the Eastern District of Kentucky in Lexington, Kentucky, U.S. March 15, 2018. REUTERS/John Sommers II

“If you’re talking about false statements, prosecutors look for something that is concrete and clear,” he said.

Other legal experts said, however, that repeated misstatements by Sessions could enable prosecutors to build a perjury case against him.

“Proving there was intent to lie is a heavy burden for the prosecution. But now you have multiple places where Sessions has arguably made false statements,” said Bennett Gershman, a Pace University law professor.

The March 2016 campaign meeting in Washington was memorialized in a photo Trump posted on Instagram of roughly a dozen men sitting around a table, including Trump, Sessions and Papadopoulos.

Papadopoulos, who pleaded guilty in October to lying to the Federal Bureau of Investigation about his Russia contacts, is now cooperating with Mueller.

According to court documents released after his guilty plea, Papadopoulos said at the campaign meeting that he had connections who could help arrange a meeting between Trump and Russian President Vladimir Putin.

Papadopoulos continued to pursue Russian contacts after the March 2016 meeting and communicated with some campaign officials about his efforts, according to the court documents.

Trump has said that he does not remember much of what happened at the “very unimportant” campaign meeting. Trump has said he did not meet Putin before becoming president.

Moscow has denied meddling in the election and Trump has denied his campaign colluded with Russia.

Reporting by Karen Freifeld, Sarah N. Lynch and Mark Hosenball; Additional reporting by Jonathan Landay in Washington and Jan Wolfe in New York; Editing by Anthony Lin, Noeleen Walder and Jeffrey Benkoe”

**************************************

Like Trump, Gonzo is a congenital liar who has been pushing his “White Nationalist alternate world view” for so long that he wouldn’t recognize truth if it hit him in the face. I don’t know if he will ever be held accountable for all of his biased disingenuous deeds. But, at some future point, someone will “unpack” all of Gonzo’s disastrous abuses — immigration, civil rights, criminal justice, prisons — of justice at the Department of Justice and preserve them for history.

03-19-18

ANOTHER DAY IN THE B.R.A. — Trump Mimics Third World Tyrants In Attacks On McCabe, FBI, Mueller Investigation, & Our Justice System!

B.R.A. = “Banana Republic of America”

https://www.washingtonpost.com/opinions/were-not-sure-why-mccabe-was-fired-but-trumps-tweet-suggests-the-worst/2018/03/17/0687c78a-2a07-11e8-874b-d517e912f125_story.html

The Washington Post Editorial Board writes:

“MORE THAN the details of the case, President Trump’s tweet early Saturday celebrating the firing of former FBI deputy director Andrew McCabe is what stands out: a marquee of bullying and unseemly behavior by a president. Mr. Trump acts like a nasty, small-minded despot, not the leader of a democracy more than two centuries old in which rule of law is a sturdy pillar. If there is doubt that the timing of Mr. McCabe’s dismissal was driven by political vengeance, Mr. Trump does everything he can to prove the worst with his own sordid words.

This is the language of a banana republic. In nations without a strong democratic foundation, tyrants cling to power by belittling perceived enemies and insulting and coopting other institutions, such as a free press, law enforcement and the military, coercing them into subservience. Just look around the world at practices today in Azerbaijan, Cambodia and Turkey, to name a few. The banana republic playbook has no place in the United States, not in a town hall, not in a statehouse, least of all in the Oval Office.

Mr. McCabe is a 21-year-veteran of the FBI and served as deputy director under James B. Comey, whom Mr. Trump fired earlier. A Justice Department inspector general’s report, not yet public, reportedly found that he authorized the disclosure of sensitive information to the media about an investigation involving Hillary Clinton and then misled investigators. He disputes the allegations, noting that he had authority to share the information and corrected what he told investigators. He previously stepped down from the deputy director’s job and was preparing to retire from the FBI on Sunday, which would have assured him of a full federal pension. The rushed timing of the firing on Friday night by Attorney General Jeff Sessions — whose own job security is perpetually threatened by Mr. Trump — robs Mr. McCabe of that full pension.

As Mr. Trump knows, special counsel Robert S. Mueller III has been reported to be looking into possible obstruction of justice in the firing of Mr. Comey. Mr. McCabe could be a vital witness in such a prosecution. Now the president has attempted to discredit, and lauded the punishment of, a potential witness against him, an affront to the integrity and independence of law enforcement.

Mr. McCabe’s actions as deputy FBI director are hard to evaluate without release of the inspector general’s report, due out this spring. There will be time to judge him then. What is clear today is that the president jumped on Mr. McCabe with unseemly ferocity, tweeting: “Andrew McCabe FIRED, a great day for the hard working men and women of the FBI — A great day for Democracy.”

In fact, the hardworking men and women of the FBI, the Justice Department, the intelligence agencies and elsewhere in government come to work every day to uphold the values of a democratic system based on rule of law — a system that is distinguished by the simple principle that everyone is judged fairly, not by grudge or whim, and that no one is above the law, not even the president.”

***********************

Lest there were any doubt about it, by canning McCabe less than 48 hours before his retirement, Jeff “Gonzo Apocalypto” Sessions cemented his position as a person just as small in heart, soul, character, and integrity as he is in stature.

The irony here is rich: What about Gonzo’s own frequent intentional and rather incredibly claimed “lapses” in candor, whether under oath or not?

PWS

03-19-18

ON SATURDAY, “COURTSIDE” & SLATE’S JEREMY STAHL GAVE YOU THE “REAL LOWDOWN” ON AAG RACHEL BRAND’S “FLIGHT FROM JUSTICE!” — Two Days Later, NBC News Confirms What We Already Said!

Here’s a link to the prior blog on immigrationcourtside.com:

https://wp.me/p8eeJm-26R

Here’s the NBC report by one of my favorite Washington reporters, Julia Edwards Ainsley:

http://nbcnews.to/2CfKuHi

Julia reports:

“WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.

Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.

She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.

Sources: Brand left DOJ over fear of overseeing Russia probe 3:40

As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.

Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.

While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.

Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.

The Justice Department pushed back on NBC’s report.

“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.

Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.

In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.

In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”

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Undoubtedly, the DOJ under Trump and Sessions has made some great strides in attacking the rule of law, undermining social justice, mal-administering the Immigration Courts, eroding the credibility of DOJ attorneys in court, and generally diminishing the quality and fairness of the justice system in the United States.

While those might give Rachel “bragging rights” over at Wal-Mart or in right-wing legal circles, I don’t see that they are anything to “write home about.” Hopefully, at some point in the future, having served as a politico in the Trump/Sessions DOJ will become a “career killer” for any future Government appointments.

But, in today’s topsy-turvy legal-political climate, it’s still a shrewd “self-preservation” move on Brand’s part. And, she’s somewhat less likely to be stomping on anyone’s civil rights over at Wal-Mart (although you never know when an opportunity to dump on the civil rights of the LGBTQ community, African-Americans, Latinos, immigrants, women, the poor, or to promote religious intelerance might present itself in a corporate setting).

Looking forward to more DOJ reporting from the super-talented Julia! I’ve missed her on the “immigration beat!”

PWS

02-12-18

GONZO’S WORLD: DOJ #3 RACHEL BRAND FLEES SINKING SHIP TO SAVE CAREER – FINDS REFUGE AT WALMART – No, It’s Not Normal For The Associate AG To Leave After 9 Months! – But, Who Ever Said The Trump/GONZO DOJ Is “Normal?”

https://slate.com/news-and-politics/2018/02/rachel-brand-is-leaving-doj-are-we-headed-for-a-massacre.html

JEREMY STAHL reports for Slate:

“In a surprise move, Rachel Brand is stepping down as the No. 3 official at the Department of Justice, the New York Timesreported on Friday. Brand was next in line to oversee the special counsel’s Russia inquiry after Deputy Attorney General Rod Rosenstein. Brand’s departure could have enormous consequences for Robert Mueller’s investigation of Russian election interference and President Donald Trump.

The New York Times has reported that Trump considered firing Rosenstein and Mueller over the summer, a situation that would have been reminiscent of Richard Nixon’s Saturday Night Massacre and the firing of Watergate investigator Archibald Cox. Trump will now get to hand-pick a replacement for Brand, who would step in to take over the investigation should he or she be confirmed by the Senate and should Rosenstein go. It’s also been noted that Rosenstein may ultimately have to recuse himself from the investigation; in that case, he wouldn’t even have to be fired for the Trump selection to take control of the investigation into Trump.

Last March, Trump issued an executive order modifying the line of succession for an acting attorney general, the person who would be in control of Mueller’s inquiry since Attorney General Jeff Sessions has recused himself. According to that order, under normal procedures, a potential replacement for either Brand or Rosenstein to oversee the Russia inquiry would need Senate confirmation.

Fordham Law professor and occasional Slate contributor Jed Shugerman has laid out the potential orders of succession at the current moment. According to the vacancy statutes, Solicitor General Noel Francisco would be designated by Jeff Sessions as acting attorney general if Rosenstein were to depart, and he’d be followed by the assistant attorneys general. The next in line after that would typically be the U.S. attorney for the Eastern District of Virginia, a position which is being vacated by Dana Boente. Since Boente is leaving that job, it would go to the U.S. attorney for the Eastern District of North Carolina, Robert J. Higdon Jr.

It’s worth noting that the executive order says Trump “retains discretion, to the extent permitted by law” to go around this line of succession to select an acting attorney general on his own. But doing so in an effort to squelch an investigation into himself, his allies, and his family would conceivably be such a transparent effort to subvert the rule of law as to be a political liability even within the Republican Party.

Rosenstein has been personally attacked by Trump. He has come under additional fire recentlyfrom critics of the Russia investigation, who have been using a concocted and false narrative from a recently declassified talking points memo to go after the FBI, Mueller, and Rosenstein. When Trump was asked by reporters if he still had confidence in Rosenstein last week, he responded “you figure that one out.”

Brand is reportedly leaving to become the head of global corporate governance at Walmart. The move feels possibly odd for someone who has served in three presidential administrations, cultivated a reputation as a devoted public servant, and who has only been in her current job less than one year.

Politico’s Eliana Johnson reported that someone close to Brand and the administration said she was leaving “because she is very smart, accomplished, and talented, and wants to protect her career.”

Brand worked in the George W. Bush administration and has been considered a rising conservative legal star for more than a decade. It seems very possible that staying in that DOJ position might have ultimately left her facing a very difficult situation career-wise. In a world where Rosenstein was fired and Brand was placed in charge of the Mueller probe, she might have to choose between obeying a Trump order that might upend the rule of law and being fired by Trump. As congressional and mainstream Republicans have moved closer towards Trump’s apparent anti-Mueller, anti-rule of law position, such martyrdom does not sound like it would help her future in the GOP.

Either decision might have done long-term damage to Brand’s future career prospects in any branch of government.

Brand’s move, however, preemptively abdicates that possible decision, quite possibly leaving it to a Trump-approved successor. As Elie Mystal, the executive editor at Above the Law, wrotefollowing the news, it seems as though we might be rolling towards a “slow moving Saturday Night Massacre.”

******************************************

Gee, Jeremy, I’m only a retired Immigration Judge (and 35 year vet of the DOJ), but I don’t view this a much of a “surprise.”

Brand has a reputation as as a smart lawyer, perhaps the smartest of the “Sessions crew.” As opposed to someone like the buffoonish racist White Nationalist xenophobe Stevie Miller or the often incoherently bias spewing Sessions himself, Brand was a low-key “doer.” She actually did a “bang up job” of implementing the Sessions alt right, anti-civil rights, anti-due process, anti-minority, anti-civil-liberties, anti-diversity, homophobic agenda at the DOJ.

She obviously sees “Armageddon” coming to the realm of “Gonzo Apocalypto” and wants to get out before she is left in the “lose-lose” position (that both Trump & Sessions have a penchant for creating) of having to become “Trump’s patsy” in the Russia investigation or maintaining her integrity, getting fired, and getting on Trump’s “S-list.”

This way, she can get out of the way of the “train wreck,” make some real money, and preserve her reputation in both right-wing legal circles and with Trump. That sets her up as a possible Cabinet appointee in a future, somewhat saner GOP Administration, or even to be a Trump nominee for a Federal Judgeship.

Smart, Rachel!

PWS

02-10-18

GONZO’S WORLD: NO DEFENSE! – SESSIONS MIA AS TRUMP AND GOP ATTACK INTEGRITY OF DOJ!

https://www.newsmax.com/politics/attorney-general-department-of-justice-the-new-york-times-doj/2018/02/05/id/841477/

Brian Freeman reports for Newsmax:

“Even as President Donald Trump has led the most prolonged and public attack on the Justice Department in history, Attorney General Jeff Sessions has broken a long tradition of those in his position of protecting the institution from such interference by remaining largely silent, The New York Times reported Monday.

“What is unusual is the FBI and the Justice Department being attacked, the president leading the charge and the attorney general missing in action,” said Harvard Law Prof. Jack Goldsmith, who headed the Justice Department’s Office of Legal Counsel under President Geoerge W. Bush. “Why isn’t he sticking up for the department?”

Many prosecutors say Sessions’ tepid response is deflating morale among department employees and has increased fears prosecutors cannot depend on protection from political interference.

“Attorneys general swear an oath to protect and defend the Constitution, not the president,” said Matthew Axelrod, a former Justice Department official who is a partner at Linklaters. “Institutions like the DOJ rely on their leaders to be a voice that defends them. It’s critically important to this institution that its leadership have its back.”

Although the Business Insider reported Sessions did praise his second-in-command Rod Rosenstein hours before the disputed Devin Nunes memo was released Friday by saying he represents “the kind of quality and leadership we want in the department” and he had “great confidence in the men and women of this department,” many commentators said that backing was quite meager when he added, “But no department is perfect.”

One such previous example often cited of far more courageous and strong backing is when ailing attorney general John Ashcroft from his hospital bed allowed his acting replacement, James Comey, to defy the Bush administration over a surveillance program that Justice Department lawyers had called unconstitutional.

Sessions, who has been heavily and publicly criticized by Trump in the past year, declined to comment to the Times.

“Sessions’ silence is evidence that Trump’s public neutering of anyone close to this investigation is working,” said Paul Pelletier, a Democratic candidate for Congress in Virginia who was a long-time federal prosecutor. “It is deleterious to the whole criminal justice process.”

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The law enforcement community might have thought that they were getting a strong defender/advocate in the right-winger Sessions. After all, he’s out to bust those recreational legalized marijuana users and hard-working maids and janitors who have been in the U.S. without documents for decades waiting for the immigration reform that never came because he helped block it in the Senate.

But, what they actually got was a disingenuous “Gonzo Apocalypto” White Nationalist interested primarily in advancing his racially inspired agenda at the expense of the U.S. justice system and anyone who might stand in the way. Oh yeah, and a guy who is also very interested in “covering his own tail.” That’s why he didn’t hesitate to hire DC Lawyer Chuck Cooper to defend him once his continuing “memory lapses” came to light in the Russia investigation and things started “hitting the fan.”

A guy with no time for the rights of African-Americans Latinos, Immigrants, LGBTQ Americans, women, or apparently his subordinates and employees at the DOJ seems to have an excellent sense of his own rights and self-preservation. And, he isn’t so silent when it comes to an opportunity for slandering and diminishing the achievements of DACA recipients, Immigrants, sanctuary cities, asylum seekers, or people of color who are supposed to be entitled to justice and protection from his more or less “Whites only” DOJ.

PWS

02-06-18

START YOUR SATURDAY OFF RIGHT WITH “SATURDAY SATIRE” FROM COURTSIDE – THE BOROWITZ REPORT – “Former Hippies Put in Horrible Position of Rooting for F.B.I.!”

ANDY BOROWITZ FROM THE NEW YORKER:

https://www.newyorker.com/humor/borowitz-report/former-hippies-put-in-horrible-position-of-rooting-for-fbi?mbid=nl_Borowitz%20020218&CNDID=48297443&spMailingID=12864882&spUserID=MjQ1NjUyMTUwNjY5S0&spJobID=1340173025&spReportId=MTM0MDE3MzAyNQS2

“Former Hippies Put in Horrible Position of Rooting for F.B.I.

By Andy Borowitz

February 2, 2018

Photograph by Michael Ochs Archives / Getty

WASHINGTON (The Borowitz Report)—Former hippies across the United States have been put in the unbearable position of rooting for the F.B.I., hippies have confirmed.

From Vermont to California, erstwhile hippies bemoaned a nightmare scenario that has forced them to side with a law-enforcement agency they have despised since the Summer of Love.

“I always dreamed I’d spend my retirement surrounded by my grandchildren, telling them that the F.B.I. were fascist pigs,” Carol Foyler, a former hippie who lives in Santa Cruz, said. “That dream has been shot to hell.”

Her husband, Mick, nodded his head in sad agreement. “We were so happy when pot was legalized in California,” he said. “But the fact that we’re now on the same side as the F.B.I. has ruined even that.”

Now in their seventies, the Foylers are spending their days doing things they never dreamed possible when they traipsed through the mud at Woodstock: going door to door in Santa Cruz, asking other former freaks to sign a pro-F.B.I. petition.

“Donald Trump has wrecked America’s standing around the world, spread misogyny and bigotry, ravaged the environment, and endorsed a child molester,” Carol said. “But making people like us support the F.B.I. is the most unforgivable thing he’s done.”

GONZO’S WORLD: HE GETS AN “F” IN “ETHICS 101” FROM THE WASHPOST!

https://www.washingtonpost.com/opinions/some-officials-are-protecting-the-country-from-trump-sessions-isnt-one-of-them/2018/01/23/919121b8-0078-11e8-8acf-ad2991367d9d_story.html

From the Washington Post Editorial Board:

“THE NATION just got another reminder that the political independence of the nation’s law enforcement system is in jeopardy. It is being protected by a thin line of principled public servants who refuse to bend to the Trump administration and congressional Republicans’ campaign to attack and cajole the FBI into serving political, rather than public, interests.

Axios’s Jonathan Swan reported Monday that Attorney General Jeff Sessions pressured FBI Director Christopher A. Wray to fire Andrew McCabe, a senior FBI official whom President Trump dislikes and has repeatedly excoriated on Twitter. The Post’s Devlin Barrett and Philip Rucker later confirmed much of the story. Mr. McCabe’s sins mostly amount to association with former FBI director James B. Comey, who was himself fired by Mr. Trump for refusing to swear fealty to the president and for declining to treat Mr. Trump’s associates with undeserved leniency.

Even if there were stronger grounds for concern about Mr. McCabe, the attorney general’s overriding interest should have been to protect the integrity of the FBI and do everything possible to guard against it becoming the president’s personal police force, as Mr. Trump appears to want. When the president says he wishes that the attorney general would protect him and when he personally attacks the credibility of seasoned law enforcement agents such as Mr. McCabe, all while the president’s associates are under federal investigation, the only principled response is to insulate the FBI from political pressure by refusing to act on the president’s pique. Mr. Sessions failed this test.

Fortunately, Mr. Wray did not fail it. The FBI director, a veteran of the George W. Bush Justice Department, not only declined to fire Mr. McCabe, but he also reportedly registered his displeasure at being pressured. Mr. Sessions apparently relayed Mr. Wray’s dissatisfaction to White House Counsel Donald McGahn, who felt it best to back off. Mr. McGahn should not have been involved at all. Mr. Sessions should have recognized his ethical lapse after Mr. Wray resisted and not brought it up again. But that would not have served Mr. Sessions’s goal of re-ingratiating himself with Mr. Trump, nor would it have sated ultra-partisan Republicans in Congress who have launched their own offensive on the FBI’s autonomy.

Mr. Trump does not respect the sort of integrity Mr. Wray displayed, he does not understand the proper role of the Justice Department, and he will not stop trying to bend federal law enforcement to his desires. As if to confirm this, he launched another Twitter missive at the FBI on Tuesday, in the process singling out two FBI agents caught up in the president’s ire about the Russia investigation.

The president’s underlying argument — that the Russia probe is an anti-Trump witch hunt led by politically motivated hacks — is a self-serving conspiracy theory that too many in the government have indulged. It is heartening that there are still senior public officials who refuse to compromise key civic principles to accommodate the wayward personality in the Oval Office. It is discouraging that the attorney general is not one of them.”

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Integrity? Civic principles? Don’t mistake Gonzo’s one, rather self-interested act, of properly recusing himself (sort of) from the Russia investigation as an indication that he has either of the foregoing. This is a guy who has been engaged in creating an atmosphere of injustice, arrogance, intellectual dishonesty, disregard for the rule of law, and ripping apart the U.S. justice system since he set foot in the DOJ! Sen. Liz Warren was right!

PWS

01-24-18

Johnathan Chait @ The Intelligencer:

🇺🇸 Due Process Forever!

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Jennifer Rubin writes at WashPost:

🇺🇸 Due Process Forever!

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