There is a reason Sessions recused. Probably the same reason Whitaker never really undertook his mission. And possibly the same reason Barr will not interfere. Trump is guilty, and the FBI has known it from day one.
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Word!
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Congress is entitled to the Mueller report. They donāt have to demand anything from Barr except that he fulfill his obligation to release it on demand. Congress can demand that as part of its unique role in foreign relations (diplomacy, declarations of war) that it is presumptively entitled to all information produced or collected by the govāt. Theyād win in court over any attempt by the WH to stymie Congressā request if they raised the stakes high enough.
What they should instead do with Barr is say that he not interfere with the investigation; that criminal referrals will be made of him and others just as happened in the Nixon era if they catch any whiff of obstruction.
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This man was the enabler of most of G W Bushās worst moves, including claiming that a president can engage in major war without Congressional approval, even though the Constitution says the opposite. I say no to Barr.
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The fact that the SDNY investigations are independent, and the probability that the Mueller probe is already baked in and about to be released, makes me feel a little better about Barrās nomination.
His history with pardons worry me, but it may not matter who the AG is when it comes to pardons. Pence could pardon Trump if Trump resigns, and I donāt think anything could stop that. The SCOTUS might not even rule against Trump pardoning his family members. That executive power is near-absolute. The only dicey one might be Trump pardoning himself, leading to instant SCOTUS drama.
As for anything else Barr could do to gum up the works, it will depend on whether he actually cares about what history will say about him, in the impending shitstorm thatās about to happen with Trump. Iām not sure a confirmation hearing can answer that.
This. And the one clear cut follow-up question ā which isnāt addressed in the articleā where he could later be shown to be lying is will you resign if Trump orders you to fire Mueller without cause?
Will Barr defer to Trump? Absolutely.
From the NYT:
That qualification could be important because Mr. Barr has long advanced a philosophy of strong executive powers under which any administration decision is ultimately the presidentās to make. His views also include the notion that the president is the nationās top law-enforcement official, not the attorney general.
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I would take a much more aggressive attitude with Barr. If Iām the Dems, Iāll tell him that if we get a whiff of obstruction from him, he gets a criminal referral and he gets dragged in for hearings under oath. I would also file suit in court preemptively to demand the information as itās important for Congress to determine next actions/steps against Russia and also for impeachment.
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Yeah, making him uncomfortable would probably make him scared to act
Hereās two questions that the Dās should have him on the record about:
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Donald Trump has said the following: [any number of false claims about the russian investigation]. Why do you want to work for him?
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Can the President be prosecuted for obstruction of justice? Can the president be indicted? Can the pardon power ever be illegally used?
Hereās the thing. Barr doesnāt have to be crooked to be damaging. Someone who views the president like a pope is going to help cover up a number of crimes. John Bolton has wanted to blow up Iran for years. Why, I donāt know-I donāt think he āhatesā America. But if he does that, they will run to the arms of the Russians and Chinese for the next 50 years. So he serves a useful purpose. And thereās a reason that no sane administration wouldāve hired himāhis views are nuts and have been shown to kill thousands of people if implemented.
The same is true with Barr, only with the wrinkle that while Bolton seems primarily loyal to his lunacy, Barr is a loyal Republican, and McConnell supports him. There is no difference between the Republican party and trump. None. So if he could avoid, for example, release of information regarding Russian NRA payments in the presidential or in recent senate races, he will do so. Party first. Then ideology. Then the president. (These categories have begun to overlap in a very disturbing way.).
I would respectfully suggest that like Sessions, Barr would not be a serious candidate for AG in a sane Republican administration. Very similar to Sessions, only with better diction.
The DOJ is not rudderless. The Official Vacancies Act has a procedure that should be followed, and that puts Senate-confirmed people into the AGās chair. Thatās what Congress intended to have happen upon firings, and exactly what should happen until the question of the Presidentās loyalty to the United States is resolved.
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The first question should be:
Now that itās established the current WH occupant was not legitimately elected, is compromised, is a liar of the highest order, and is under multiple FBI investigations, why should he be selecting any government officials, judges or justices?
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Our suspicions of Barr will all come to pass. Thatās why he was hired.
Add one more vote to the proposition that Barr will lie like a rug. There has to be some way to force him to stick to anything he says, or else whatever he promises is just so much hot air.
Works both ways, unfortunately. If Barr does something nasty regarding the SCO, how likely is his friend Bob Mueller to go to the mat against him?
In a minute. I think his friend Bob would say āBill, what you are about to do is really not a good idea, and I would hate to tell your wife and kids that I think youāre a traitor to your country.ā Then heād file.
I donāt think either you or I know enough about Mueller to make such a definitive statement.