Monday Reads: Has Trump finally found his Roy Cohn?Posted: March 25, 2019
It’s Monday and we’re headed towards April Fool’s Day.
Or did that happen yesterday afternoon when it became pretty obvious that a Quid Pro Quo was delivered to Congress by an Attorney General who did pretty much what he was hired to do. Congress–Our Congress–and we the people have to see the full report of the Mueller investigation. We must determine exactly what is meant by the President wasn’t exonerated and hey, I’ve decided noot no to prosecute but just make it all go away as much as possible because I believe in an imperial presidency and I did this before and got away with it. So come get it if you can.
I wasn’t exactly expecting a smoking gun from Mueller. I was, however, expecting a guy that wrote a diatribe on how the entire exercise was a witch hunt and then submitted it to the President for a spot back on the A team was going to do exactly what he was hired to do. He’s providing cover at whatever the cost for a law ignoring monster of a man.
Now, we wait for Congress and the Courts to shake it all out of Barr.
But the critical part of the letter is that it now creates a whole new mess. After laying out the scope of the investigation and noting that Mr. Mueller’s report does not offer any legal recommendations, Mr. Barr declares that it therefore “leaves it to the attorney general to decide whether the conduct described in the report constitutes a crime.” He then concludes the president did not obstruct justice when he fired the F.B.I. director, James Comey.
Such a conclusion would be momentous in any event. But to do so within 48 hours of receiving the report (which pointedly did not reach that conclusion) should be deeply concerning to every American.
The special counsel regulations were written to provide the public with confidence that justice was done. It is impossible for the public to reach that determination without knowing two things. First, what did the Mueller report conclude, and what was the evidence on obstruction of justice? And second, how could Mr. Barr have reached his conclusion so quickly?
Mr. Barr’s letter raises far more questions than it answers, both on the facts and the law.
His letter says Mr. Mueller set “out evidence on both sides of the question and leaves unresolved what the special counsel views as ‘difficult issues’ of law and fact concerning whether the president’s actions and intent could be viewed as obstruction.” Yet we don’t know what those “difficult issues” were, because Mr. Barr doesn’t say, or why Mr. Mueller, after deciding not to charge on conspiracy, let Mr. Barr make the decision on obstruction.
On the facts, Mr. Barr says that the government would need to prove that Mr. Trump acted with “corrupt intent” and there were no such actions. But how would Mr. Barr know? Did he even attempt to interview Mr. Trump about his intentions?
What kind of prosecutor would make a decision about someone’s intent without even trying to talk to him? Particularly in light of Mr. Mueller’s pointed statement that his report does not “exonerate” Mr. Trump. Mr. Mueller didn’t have to say anything like that. He did so for a reason. And that reason may well be that there is troubling evidence in the substantial record that he compiled.
William Saletan–at Salon–has a take that’s worth considering. “Bill Barr’s Weasel Words. All the ways the attorney general is spinning the Mueller report to protect Trump.”
Special counsel Robert Mueller has submitted his report on the Russia investigation, and Republicans are gloating. They claim a four-page letterfrom Attorney General William Barr, purporting to summarize the report, exonerates President Donald Trump. They’re wrong. The letter says the Justice Department won’t prosecute Trump, but it reaches that conclusion by tailoring legal standards to protect the president. Here’s a list of Barr’s weasel words and what they’re hiding.
“The Russian government.” The letter quotes a sentence from Mueller’s report. In that sentence, Mueller says his investigation didn’t prove that members of the Trump campaign “conspired or coordinated with the Russian government in its election interference activities.” The sentence specifies Russia’s government. It says nothing about coordination with other Russians. Trump’s campaign chairman, Paul Manafort, gave campaign polling data to Konstantin Kilimnik, a Russian associate who has been linked to Russian intelligence. Manafort, Donald Trump Jr., and Jared Kushner met secretly in Trump Tower with Natalia Veselnitskaya, a Kremlin-connected lawyer. But neither Kilimnik nor Veselnitskaya is part of the Russian government. They seem to be excluded from Barr’s analysis.
Read the entire list of Weasel Words. Then, remember the last time Barr basically did the same kind of thing George HW Bush and Iran Contra. Why wouldn’t he do it again especially since he was out writing about it for Trump and all to see over the past two years? Remember all those pardons?
Back then, the all-consuming, years-long scandal was called Iran-Contra. On Dec. 24, 1992, it ended when Bush pardoned six peoplewho had been caught up in it.
“The Constitution is quite clear on the powers of the president and sometimes the president has to make a very difficult call,” Bush said then. “That’s what I’ve done.”
Then-Attorney General Barr supported the president’s decision in the Iran-Contra case, which gave clemency to people who had been officials in the administration of President Ronald Reagan, including former Defense Secretary Caspar Weinberger. He had been set to go on trial to face charges about lying to Congress.
To the man who led the Iran-Contra investigation, however, the pardons represented a miscarriage of justice.
“It demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences,” said Lawrence Walsh, the independent prosecutor in the case, at the time of the pardons.
Barr said later that he believed Bush had made the right decision and that he felt people in the case had been treated unfairly.
“The big ones — obviously, the Iran-Contra ones — I certainly did not oppose any of them,” Barr said as part of the Presidential Oral History Program of the Miller Center at the University of Virginia.
Well, he’s has certainly handed a reprieve-at the very least- to a very big one at the moment.
Marcy Wheelers’s conclusions at The New Republic are worth reading. This headline even sums it up nicely. “Yes, Trump Obstructed Justice. And William Barr Is Helping Him Cover It Up. The attorney general’s take on the Mueller report goes through contortions to avoid charging the president with a crime.”
It is widely believed that Barr had already categorically ruled out charging a president with obstruction. In a June 2018 memo, shared with Trump’s lawyer before his nomination, Barr argued that the theory of obstruction he believed Special Counsel Robert Mueller to be adopting would not be proper. But in that very same memo—on the very first page!—Barr conceded, “Obviously, the President … can commit obstruction in [a] classic sense of sabotaging a proceeding’s truth-finding function.” Barr envisioned that if a president “suborns perjury, or induces a witness to change testimony … then he, like anyone else, commits the crime of obstruction.”
That’s important, because we know that Trump has been involved in getting his aides to lie. His own lawyer, Jay Sekulow, reportedly edited the prepared statement Trump’s longtime personal attorney Michael Cohen gave to Congress about an effort to build a Trump Tower in Moscow. Cohen goes to prison in May, in part, for telling lies that Sekulow reviewed.
And Trump has repeatedly dangled pardons to subordinates under investigation, reportedly including former National Security Advisor Mike Flynn, former campaign chair Paul Manafort, and Cohen. Indeed, in a hearing in February, Mueller prosecutor Andrew Weissmann argued that Manafort lied about the details of sharing Trump campaign polling data with the Russian political operative Konstantin Kilimnik on August 2, 2016—knowing that the data would be passed on to others including other Russians—specifically to “augment his chances for a pardon.”
Well, turn the TV news on if you dare. I’m just going to grade for awhile and hope there’s a plan some where to end this nightmare.