Tag: william barr
GOP 'Weaponization' Of Justice Department Began Years Ago -- And Continues

GOP 'Weaponization' Of Justice Department Began Years Ago -- And Continues

Donald Trump is trying to use the Department of Justice as a weapon, claiming that, because of his conviction on 34 felony counts, he has “every right” to go after political opponents should he be elected in November.

This isn’t new for Trump. In 2017, he pushed Attorney General Jeff Sessions to prosecute Hillary Clinton. Later, he drove Attorney General William Barr to investigate ludicrous claims against President Joe Biden, resulting in a series of embarrassing international trips to support a baseless conspiracy theory.

Trump’s four years in office were all about politicizing the DOJ by breaking down the barriers intended to keep the department from being used as a cudgel by the White House.

His desire to hurt his opponents isn’t new, but the threat he represents is infinitely greater than it was four years ago.

The only thing that stood in Trump’s way during his four years in the White House was a kind of institutional momentum. Enough career officials remained in place that Trump faced strong pushback. Even Sessions, Barr, and acting Attorney General Jeffery Rosen had limits on where they would go for Trump.

But that won’t be a problem if he returns to Washington.

Trump has already made it clear that he intends to purge the federal government of impartial career officials and replace them with Trump loyalists. Project 2025 is centered around destroying the DOJ's impartiality and turning it into an attack dog for Trump.

Even before Trump went to trial in New York, Republicans were lamenting the weaponization of the justice system. Those complaints were supercharged after Trump was convicted. As always seems to be the case, the GOP is accusing Democrats of something that it’s already doing. In this case, it’s not just deflection; It’s an excuse to vastly increase the level of politicization in the justice system.

As The Washington Postreports, Republicans aren’t just crossing their fingers and hoping that Trump gets his hands on the DOJ a second time. They’re moving forward with an aggressive plan to blunt the effectiveness of the DOJ and target Trump’s enemies ahead of the election.

House Speaker Mike Johnson introduced a “three-pronged approach” on Tuesday, describing how House Republicans can target the DOJ, the state of New York, and any other jurisdiction that is investigating Trump. Those plans call for launching investigations into state and local prosecutors in New York and cutting funds for special counsel Jack Smith and any state that doesn’t investigate Trump’s attempts to overturn the 2020 election.

Punishing entire states for refusing to let Trump escape prosecution has become a popular theme among Republicans. It’s unclear how such a plan would work, but Republicans are expected to attach defunding federal investigations into Trump to upcoming must-pass legislation.

Republicans are also expected to pass along more criminal referrals, like the ones targeting Hunter and James Biden on Wednesday, which allow Republicans to pretend they’ve found crimes by political opponents, then attack the DOJ for failing to follow up on their make-believe evidence.

As The New York Times reports, Trump doesn’t have to make it back to Washington, D.C., to cause lasting damage to the rule of law. The independence of the DOJ isn’t baked into the Constitution; It’s something that has only existed because presidents understood that distancing themselves from the DOJ was required for the department’s legal work to have legitimacy and not be seen as a political weapon.

Trump doesn’t care. His promises to seek “retribution” blow up the idea of DOJ independence.

The lingering shreds of the barrier between the White House and the department—along with Trump’s own inexperience—reduced the damage four years ago. Given another go in a federal government reshaped into an army of Trump supporters, no one will be left to check Trump’s power.

It’s hard to comprehend how bad this might be. An America where the president’s personal desires lead directly to FBI agents pounding on a door seems fundamentally un-American, but it could be where we’re heading.

The media seems to forget that Trump already tried to weaponize the DOJ. This isn’t something he might do. It’s something he’s already done.

Reprinted with permission fromDaily Kos

Juicy Columns -- Like This Gift From Meadows -- Keep Landing On My Doorstep

Juicy Columns -- Like This Gift From Meadows -- Keep Landing On My Doorstep

Case in point: ABC News is reporting that former White House Chief of Staff Mark Meadows has been granted immunity by Special Counsel Jack Smith and is ratting out his former boss, Donald J. Trump. After the Georgia plea deals of Sidney Powell, Kenneth Chesebro, and earlier yesterday, Jenna Ellis, is it possible to get any better? What could be next? Testimony about Trump laughing off his loss to Joe Biden and contemplating ways to turn Stop the Steal into a cash cow?

Actually, that testimony might be on the horizon after we learn more about what Meadows has told Special Counsel Smith during three meetings he had with prosecutors earlier this year.

Listen to this from ABC’s breaking news about the Meadows immunity deal: “Sources said Meadows informed Smith’s team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless, a striking break from Trump's prolific rhetoric regarding the election.”

The ABC report continues, “According to the sources, Meadows also told the federal investigators Trump was being ‘dishonest’ with the public when he first claimed to have won the election only hours after polls closed on November 3, 2020, before final results were in. ‘Obviously we didn't win,’ a source quoted Meadows as telling Smith's team in hindsight.”

Wait. There’s more: “Meadows privately told Smith's investigators that -- to this day -- he has yet to see any evidence of fraud that would have kept now-president Joe Biden from the White House, and he told them he agrees with a government assessment at the time that the 2020 presidential election was the most secure election in U.S. history.”

Thunk. That is the sound of my jaw hitting the little piece of my desk in front of my keyboard.

And the thunkscontinue. ABC reports that its reporters have found numerous assertions about the 2020 election in Meadows’ 2021 book, The Chief’s Chief, that “appear to be contradicted by what Meadows allegedly told investigators behind closed doors.”

Meadows, in other words, who in meetings with Smith’s prosecutors detailed the grift behind Trump’s denials that he lost the 2020 election, has been part of the grift himself, profiting off the lies he and Trump told by publishing a book that knowingly repeats some of those lies.

Another thunk: After spending the month of November and part of December in 2020 passing along allegations of fraud in the election Trump lost, “Meadows said that by mid-December, he privately informed Trump that Giuliani hadn't produced any evidence to back up the many allegations he was making, sources said. Then-Attorney General Bill Barr also informed Trump and Meadows in an Oval Office meeting that allegations of election fraud were ‘not panning out,’ as Barr recounted in testimony to Congress last year.”

That little burst of truth telling got Barr fired, but not Mark Meadows, who stuck around for the whole thing, right up until Jan. 6. On that ignominious day, testimony to the January 6 Committee by his assistant, Cassidy Hutchinson, revealed that when White House Counsel Pat Cippolone rushed into Meadows’ office and told him, “The rioters have gotten into the Capitol, Mark. We need to go see the President now,” Meadows responded calmly, while staring at his phone, “He doesn't want to do anything.” Cippollone told Meadows, “Something needs to be done, or somebody is going to die and this is going to be on your effing hands.” By that time, Trump had already sent out a tweet essentially telling his followers that Vice President Mike Pence was a coward.

"They're literally calling for the VP to be effing hung," Cipollone told Meadows. “You heard him, Pat,” Meadows replied, still staring at his phone. “He thinks Mike deserves it.”

ABC News reports that part of what Meadows told prosecutors confirms what others, such as his assistant, Cassidy Hutchinson, have already testified to. Sources told ABC that Meadows confirmed a widely-circulated story that while the assault on the Capitol was ongoing, Trump took a call from Kevin McCarthy, who urged him to do something to calm the situation. Meadows confirmed that Trump told McCarthy, “I guess these people are more upset than you are, Kevin.”

Meadows was in the West Wing during the entire time the assault on the Capitol was underway and can doubtlessly provide more information to prosecutors about what Trump was doing and who he spoke to in his private dining room just off the Oval Office as he watched the Capitol assault on TV. It is obvious from the ABC report that Meadows has more information on Trump’s statements after he lost the election and what meetings he had and with whom about his attempts to overturn the election. The testimony Meadows can give about Giuliani alone would be voluminous, and the same goes for others who met with Trump in Meadows’ presence, such as John Eastman, Jeffrey Clark, Sidney Powell, Michael Flynn, and others.

Meadows is still facing trial on racketeering charges brought by Fulton County District Attorney Fani Willis. Anything Meadows tells prosecutors in Washington under a grant of federal immunity could be used against him at trial on state charges in Fulton County, so you can definitely expect that Mark Meadows will cop a plea there, too.

Splat. That’s the sound of Mark Meadows’ teardrop falling in Georgia.

Click. That’s the sound of me locking my front door so the pile of gift columns doesn’t break it down.

Lucian K. Truscott IV, a graduate of West Point, has had a 50-year career as a journalist, novelist, and screenwriter. He has covered Watergate, the Stonewall riots, and wars in Lebanon, Iraq, and Afghanistan. He is also the author of five bestselling novels. You can subscribe to his daily columns at luciantruscott.substack.com and follow him on Twitter @LucianKTruscott and on Facebook at Lucian K. Truscott IV.

Please consider subscribing to Lucian Truscott Newsletter, from which this is reprinted with permission.

Donald Trump

Trump's Criminal Trials Will Be A Step Toward Truth

It's a little hard to recall now, but last year, Donald Trump was in eclipse. In July 2022, half of GOP primary voters expressed a desire to move on from Trump. His anointed candidates fared poorly in November, and even some of his most ardent backers, including the Murdochs, were eyeing other options. If he could be relegated to the rearview window, I reasoned, even if it meant that he escaped liability for his crimes, it would be the best available outcome. An indictment, I feared, would spark a rally-round-Trump effect that would revive his fortunes among Republicans and thrust this viper back into our national life.

I was also concerned that, considering Trump's modus operandi, his response to indictment would be a thoroughgoing assault on the rule of law.

Perhaps Merrick Garland had similar worries. He certainly seemed to drag his feet — until Trump's florid criminality forced the DOJ's hand. In the matter of the stolen classified documents, Trump defied a subpoena, attempted to conceal evidence (textbook obstruction), and displayed such contempt for national security and law that, in the words of former Trump Attorney General William Barr, "What is unjust is not prosecuting Trump at this stage." Once Jack Smith was appointed to investigate the Mar-a-Lago documents case, it was untenable not to give him authority to look into the January 6 offenses as well.

As feared, the rally-round-Trump effect has happened. The GOP base is once again glassy-eyed with zeal for their martyr/hero. This emphatically does not reflect poorly on the prosecutors (though the Alvin Bragg prosecution was ill-considered), but only on the Republicans whose instinct is to adore the most despicable human to hold high office in our lifetime, or maybe ever.

Also, as predicted, the discrediting of our legal system has shifted into overdrive. The cowardly and cynical among Republican presidential candidates have cast aspersions on the Department of Justice. Ron DeSantis, though claiming not to have read the document, calls the latest indictment a "weaponization of federal law enforcement" that "represents a mortal threat to a free society." Tim Scott leaped to whataboutism, citing the Hunter Biden case, and suggesting that "We're watching Biden's D.O.J. continue to hunt Republicans while protecting Democrats." And from what used to be the fever swamps but are now the MAGA influencer ranks comes this from The Federalist's Sean Davis: "The Department of Justice is a domestic terror organization."

The party of law and order is now the party of nihilism and chaos.

So in some ways, this is a sum-of-all-fears moment. But there are reasons to believe that the coming months, which will be ugly, debased and charged with anxiety about the future of this republic, will not necessarily end badly.

There are four and a half Republican presidential contenders who are telling the truth about Trump. Mike Pence, Asa Hutchinson, Chris Christie and Will Hurd are solid. Nikki Haley, characteristically, is hedging, but she also sometimes stumbles into honesty. That is a departure from the norm during the 2016 primaries and during the Trump presidency. And it matters that these Republicans are making the case now, during the primaries, that Trump is unfit for office because some in the party will automatically tune out any critique of Trump if it seems that the beneficiary will be a Democrat in the general election.

Now, some will object, reasonably enough, that all of the Trump-critical candidates account for only about 11% of the primary vote according to recent polling. But in our time, politics is a game of inches. If just a small fraction of Republicans, to say nothing of independent voters, are dissuaded from supporting Trump because of the pending trials, it would make all the difference. A recent New York Times poll showed that 25 percent of the GOP electorate is not open to supporting Trump. Among that 25 percent, 49 percent think Trump is a criminal, and 29 percent (or about seven percent of all Republican respondents) would vote for Biden over Trump in 2024.

Is that enough to keep the disaster of a second Trump term at bay? Probably not, because the structure of the Electoral College requires that the Democrat score at least a four-point victory to prevail.

In our polarized information world, with millions getting only news that is politically palatable, it's excruciatingly difficult to convey basic facts. But trials, especially trials that will dominate every single news outlet, are probably the one way to penetrate those hermetically sealed bubbles. Through the trials, some who are currently in ignorance will learn facts that will disturb them. There will be testimony from Republicans and cross-examination and sworn oaths. Our justice system is by no means perfect at revealing truth, but it's far superior to social media or cable TV. If just a few tens of thousands of Americans in key states have their minds opened to new information, it could be enough to avoid an unthinkable outcome in 2024.

So we must strap in and prepare to play our part, mindful of the stakes, and welcoming a new ally in the battle for truth — the courts.

Mona Charen is policy editor of The Bulwark and host of the "Beg to Differ" podcast. Her new book, Hard Right: The GOP's Drift Toward Extremism, is available now.

Reprinted with permission from Creators.

Bill Barr's Misconduct Should No Longer Shield Trump

Bill Barr's Misconduct Should No Longer Shield Trump

In the days since Manhattan District Attorney Alvin Bragg unveiled his office’s 34-count indictment of Donald J. Trump, arguments over about the likelihood of conviction have erupted on every cable news program, as the former president spews fusillades of lies and threats.

Most of this noise is pointless and hardly worth engaging. The only opinion that matters may someday be announced by a jury foreperson in a court of law.

Yet there is one defense of Trump, repeated even by people who aren’t his sycophants, that does demand closer examination – the claim that Bragg, a local prosecutor, shouldn’t bring charges that the Justice Department already rejected.

To establish that Trump committed felonies, they note, Bragg must prove that he not only concocted fake business records to cover up hush-money payoffs to adult film star Stormy Daniels, but that he intended to conceal violations of federal campaign or other laws. And they will say that the prosecution of presidential campaign finance crimes is usually the responsibility of federal law enforcement agencies.

That rationalization elides the central question: Why should Trump escape accountability for the same crimes that sent his former attorney and “fixer” Michael Cohen to prison? It’s a hard question to answer in a system that supposedly upholds equal justice for all.

And the canned response doesn’t hold up well under scrutiny.

It begins to fall apart when we recall that in the sentencing memorandum that urged a harsh punishment for Cohen, the Justice Department identified a co-conspirator it called “Individual-1,” a thin scrim used to disguise Trump, as the actual instigator of the payoff scheme.

It disintegrates completely when we remember who really made the decision to abandon the case against “Individual-1.”

That was William Barr, the former Attorney General who has tried to shine up the terrible reputation he earned on the job by stating the obvious fact that Trump’s claims of election fraud were “complete bullshit.” That acknowledgment of reality, no more or less than his position demanded, only serves to highlight the abject cowardice of nearly all his fellow Republicans. But it doesn’t absolve Barr of his other horrifically unethical actions in office.

According to Geoffrey Berman -- the former United States Attorney for the Southern District of New York, whose office oversaw the guilty plea and sentencing of Cohen -- Barr sought to undermine any potential prosecution of Trump from his first day as attorney general in 2019. To protect Trump, he even considered overturning Cohen’s campaign-finance convictions, as the astonished Berman recounted in his memoir.

On several occasions, Barr sought to take control of the investigation. He ordered Justice Department lawyers to come up with reasons to abandon the case. He tried more than once to force Berman to drop it. When none of those tactics worked, he attempted to move the case from Berman’s office in the Southern District of New York to the Eastern District, where he evidently believed that the U.S. attorney would help him to bury it.

This kind of misconduct became a pattern for Barr when he interfered outrageously in the cases against Trump adviser and dirty trickster Roger Stone and former National Security Adviser Michael Flynn. Infuriating career prosecutors, he behaved more like a mob defense counsel than the chief law enforcement officer, sworn to uphold the law and stand guard against national security threats. Among other things, he had Trump fire Berman and tried to replace him with a toady.

So what Alvin Bragg actually did by bringing the Trump indictment was to vindicate the constitutional system that Bill Barr corruptly sabotaged over and over again.

We must remind ourselves often that the former president, like any other accused suspect, is innocent until proved guilty beyond a reasonable doubt. But we should also remember what the Justice Department said about Michael Cohen in its sentencing memorandum, which insisted on a prison term despite his cooperation: “His offenses strike at several pillars of our society and system of government: the payment of taxes; transparent and fair elections; and truthfulness before government and in business.”

Those words apply with equal if not greater force to “Individual-1,” as Trump was called in that same document – and the chance to hold him accountable is at last drawing nearer.

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