Bill Barr's Corruption of the U.S. Justice Department

Trump and his consigliere.

Attorney General William Barr is a despicable individual serving an even more despicable individual, Donald Trump. Worse yet, he is utterly corrupting the U.S. Department of Justice and transforming it into a cog in Trump's crime syndicate like regime. Not only did Barr order the tear gas and rubber bullet attack on peaceful protesters in Lafayette Square, but he is throwing the Justice Department's reputation down the toilet as evidenced by his efforts to dismiss the case against confessed criminal and former Trump regime member Michael Flynn. Thankfully, the judge in the Flynn case refused to be bullied and appointed a retired judge with stellar credentials to investigate the Barr instigated effort to dismiss the case against Flynn, no doubt at Trump's request.  That investigator has slammed the Barr led effort and shows that Barr's idea of an independent Justice Department looks like something out of Hitler's Germany. Some will shrug and say so what, but should be re-elected, the misuse of the Justice Department could be used to attack and persecute those who oppose Trump and the corruption that he embodies.  A piece in the Washington Post looks at the investigator's findings and the depths of Barr's corruption.  Here are excerpts:

The latest development in the saga of Michael Flynn — disgraced former national security adviser, admitted criminal, conspiracy theorist and all-around sleaze — gives us yet more evidence of how completely President Trump and Attorney General William P. Barr have corrupted the Justice Department.

Back in May, long after Flynn had pleaded guilty to lying to FBI agents in their investigation into Russia’s attack on the 2016 election — which got him fired as national security adviser after 24 days on the job — Barr took the extraordinary step of seeking to drop the case against him before he could be sentenced. In response, the judge in the case asked a respected retired judge to make a recommendation about how this highly unusual situation should be handled.

That retired judge, John Gleeson, not only recommended that Flynn be sentenced as planned but issued a scathing report condemning the Justice Department’s actions in the case:

In his argument, Gleeson said the government’s “ostensible grounds” for seeking dismissal were “conclusively disproven” by its own earlier briefs; contradict the court’s prior orders and Justice Department positions taken in other cases; and “are riddled with inexplicable and elementary errors of law and fact.”
 A former federal prosecutor and judge for 22 years in Brooklyn — best known for putting the late mob boss John Gotti behind bars and presiding over the trial of “Wolf of Wall Street” stockbroker Jordan Belfort — Gleeson wrote that judges are empowered to protect their court’s integrity “from prosecutors who undertake corrupt, politically motivated dismissals. That is what has happened here. The Government has engaged in highly irregular conduct to benefit a political ally of the President.”

Not only that, Gleeson stated that “Flynn has indeed committed perjury in these proceedings, for which he deserves punishment,” but recommended that instead of a separate prosecution, Flynn’s misdeeds should be taken into account when he is sentenced for the crime he pleaded guilty to.

Gleeson’s conclusions aren’t surprising in their particulars, because anyone familiar with this case knows them to be an accurate representation of the action Barr took. There is no doubt about what Flynn did, nor that it was against the law, nor that he would have known he was breaking the law when he did it.

Yet Barr carried out Trump’s obvious wishes by intervening to help Flynn (just as he had done with the case against Trump confidante Roger Stone). As the New York Times reported: “A range of former prosecutors struggled to point to any previous instance in which the Justice Department had abandoned its own case after obtaining a guilty plea.”

Barr did it because it was what Trump wanted, and because he evidently shares Trump’s belief that the government should essentially be run like a mob family, in which those who have the boss’s favor need not be held accountable for any crimes they commit. Asked how history would judge his actions, Barr laughed and said, “History is written by the winners.”

But he and Trump haven’t won yet, at least not in this case. An appeals court is about to hear Flynn’s request that the case against him be dropped so he can escape any sanction at all; they’ll have to decide whether the judge can go ahead and sentence him even after the Justice Department has withdrawn. The case could well go all the way to the Supreme Court.

But if nothing else, we can take solace that there are at least some moments when the system is capable of speaking an obvious truth. Not even the most partisan Republican actually believes that Flynn is some kind of martyr, or that impartial justice demands he be unburdened from accountability for his choices. He’s Trump’s guy, so Trump’s AG should let him go. It’s as simple as that.

Gleeson’s report makes that clear. Let me point to this passage:

The reasons offered by the Government are so irregular, and so obviously pretextual, that they are deficient. Moreover, the facts surrounding the filing of the Government’s motion constitute clear evidence of gross prosecutorial abuse. They reveal an unconvincing effort to disguise as legitimate a decision to dismiss that is based solely on the fact that Flynn is a political ally of President Trump.

We’re not used to reading that kind of blunt language in legal documents, but it’s completely appropriate here. We all know what’s happening: Barr is trying to spring Flynn on the president’s behalf. It’s repellent, it’s corrupt, and in a better world it would itself be grounds for Barr’s impeachment.

That won’t happen, and the Supreme Court may come to Flynn’s rescue in the end. But, at least for now, it’s good to hear the truth spoken.

Mueller Speaks: No Exoneration of Trump; Barr Mislead Public

Robert Mueller finally broke his silence and released a statement that he read today.  The statement confirms that Mueller's investigation did NOT conclude that Trump/his campaign had not committed a crime. Stated another way, the report in way exonerates Trump. Trump's claims to the contrary are, like so many other of his utterances, lies.  Mueller's statement also makes it clear that Attorney General William Barr has mislead the American public and seemingly has been more concerned with acting as Trump's consigliere than serving the citizens of  America.  One columnist in the Washington Post summed up Mueller's statement and the perilous state of our democracy in this manner:

If this man of precise language was not inviting Congress to impeach the president, he certainly seemed to be inviting the belief that he didn’t charge Trump with crimes only because he couldn’t. And because Mueller chooses words carefully, it’s also worth noting which one he didn’t use: “collusion.” Instead, he implicitly rebuked a president who constantly, maddeningly, refers to Vladimir Putin’s interference in the 2016 election as the “Russian hoax.” 

Mueller ended his nearly 10-minute statement where it began, and where the entire investigation began: with a Russian attack on the United States. There “were multiple, systematic efforts to interfere in our election, and that allegation deserves the attention of every American,” Mueller said.

If our country’s political health were better, the Russian attack would get the attention of every American. But Mueller gives us more credit than we deserve. His report assumed that our leaders would take seriously the Russian threat when presented with overwhelming evidence. It assumed that political leaders would soberly weigh the evidence that Trump obstructed his investigation.

Instead, Trump laughs about the whole thing with Putin, Republican leaders quash bipartisan efforts to protect the 2020 election from another attack, and GOP lawmakers, instead of pondering the president’s culpability and Mueller’s damning findings, demand investigations of investigators’ “treason” and attempted “coup.”  In appealing to their better angels, Mueller was naive. 

Russia is preparing to attack us — again. Trump is poised to benefit — again. Unlike in 2016, we now know Russia’s bad intentions, thanks to Mueller. That Trump and his allies facilitate the Russian attack by refusing to protect against it is the essence of collusion. 

Frighteningly, as the column notes, Trump, Putin, Russian intelligence agents and William Barr have other would be co-conspirators: Mitch McConnell, Lindsey Graham and every other Republican member of Congress who continues to act to protect Trump - and their own re-election chances - and giving Trump and his base political fellatio at the express of the nation as a whole.  For those inclined to read (which rules out Fox News viewers), the following is Mueller's entire statement as published by CNN.  Read it if you question my reading of it.

Two years ago, the Acting Attorney General asked me to serve as Special Counsel, and he created the Special Counsel's Office.

The appointment order directed the office to investigate Russian interference in the 2016 presidential election. This included investigating any links or coordination between the Russian government and individuals associated with the Trump campaign.

I have not spoken publicly during our investigation. I am speaking today because our investigation is complete. The Attorney General has made the report on our investigation largely public. And we are formally closing the Special Counsel's Office. As well, I am resigning from the Department of Justice and returning to private life.

I'll make a few remarks about the results of our work. But beyond these few remarks, it is important that the office's written work speak for itself.

Let me begin where the appointment order begins: and that is interference in the 2016 presidential election.

As alleged by the grand jury in an indictment, Russian intelligence officers who were part of the Russian military launched a concerted attack on our political system.

The indictment alleges that they used sophisticated cyber techniques to hack into computers and networks used by the Clinton campaign. They stole private information, and then released that information through fake online identities and through the organization WikiLeaks. The releases were designed and timed to interfere with our election and to damage a presidential candidate.

And at the same time, as the grand jury alleged in a separate indictment, a private Russian entity engaged in a social media operation where Russian citizens posed as Americans in order to interfere in the election.

These indictments contain allegations. And we are not commenting on the guilt or innocence of any specific defendant. Every defendant is presumed innocent unless and until proven guilty in court.

The indictments allege, and the other activities in our report describe, efforts to interfere in our political system. They needed to be investigated and understood. That is among the reasons why the Department of Justice established our office.

That is also a reason we investigated efforts to obstruct the investigation. The matters we investigated were of paramount importance. It was critical for us to obtain full and accurate information from every person we questioned. When a subject of an investigation obstructs that investigation or lies to investigators, it strikes at the core of the government's effort to find the truth and hold wrongdoers accountable.

Let me say a word about the report. The report has two parts addressing the two main issues we were asked to investigate.

The first volume of the report details numerous efforts emanating from Russia to influence the election. This volume includes a discussion of the Trump campaign's response to this activity, as well as our conclusion that there was insufficient evidence to charge a broader conspiracy.

And in the second volume, the report describes the results and analysis of our obstruction of justice investigation involving the President.

The order appointing me Special Counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation and we kept the office of the Acting Attorney General apprised of the progress of our work.

As set forth in our report, after that investigation, if we had confidence that the President clearly did not commit a crime, we would have said that.

We did not, however, make a determination as to whether the President did commit a crime. The introduction to volume two of our report explains that decision.

It explains that under long-standing Department policy, a President cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view—that too is prohibited.

The Special Counsel's Office is part of the Department of Justice and, by regulation, it was bound by that Department policy. Charging [Trump] the President with a crime was therefore not an option we could consider.

The Department's written opinion explaining the policy against charging a President makes several important points that further informed our handling of the obstruction investigation. Those points are summarized in our report. And I will describe two of them:

First, the opinion explicitly permits the investigation of a sitting President because it is important to preserve evidence while memories are fresh and documents are available. Among other things, that evidence could be used if there were co-conspirators who could now be charged.

And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.

And beyond Department policy, we were guided by principles of fairness. It would be unfair to potentially accuse somebody of a crime when there can be no court resolution of an actual charge.

So that was the Justice Department policy and those were the principles under which we operated. From them we concluded that we would not reach a determination -- one way or the other -- about whether [Trump] the President committed a crime. That is the office's final position and we will not comment on any other conclusions or hypotheticals about the President.

We conducted an independent criminal investigation and reported the results to the Attorney General—as required by Department regulations.

The Attorney General then concluded that it was appropriate to provide our report to Congress and the American people.

At one point in time I requested that certain portions of the report be released. The Attorney General preferred to make the entire report public all at once. We appreciate that the Attorney General made the report largely public. I do not question the Attorney General's good faith in that decision.

I hope and expect this to be the only time that I will speak about this matter. I am making that decision myself—no one has told me whether I can or should testify or speak further about this matter.

There has been discussion about an appearance before Congress. Any testimony from this office would not go beyond our report. It contains our findings and analysis, and the reasons for the decisions we made. We chose those words carefully, and the work speaks for itself.

The report is my testimony. I would not provide information beyond that which is already public in any appearance before Congress.

In addition, access to our underlying work product is being decided in a process that does not involve our office.

So beyond what I have said here today and what is contained in our written work, I do not believe it is appropriate for me to speak further about the investigation or to comment on the actions of the Justice Department or Congress.

It is for that reason that I will not take questions here today.

Before I step away, I want to thank the attorneys, the FBI agents, the analysts, and the professional staff who helped us conduct this investigation in a fair and independent manner. These individuals, who spent nearly two years with the Special Counsel's Office, were of the highest integrity.

I will close by reiterating the central allegation of our indictments—that there were multiple, systematic efforts to interfere in our election. That allegation deserves the attention of every American.Thank you.

I for one are very fearful for the future if Republicans continue to put their increasingly toxic and corrupt party ahead of the best interests of the nation. Hopefully, history will deal with Trump, McConnell, Graham and others very harshly and they will rank with Hitler's collaborators who similarly worked to destroy Germany's democracy in the 1930's.