This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
Okay Congress, add this to your todo list: No policy memos in the DoJ can be binding without approval of Congress.
That includes avoiding prosecution of sitting Presidents.
But the unusual decision to publicly detail the Pennsylvania case may also have run afoul of guidelines that Attorney General William Barr himself issued to federal prosecutors this year
This could be a problem if Barr ever adhered to principle or protocol.
Separation of powers?
No surprises here. What’s to be done about Barr’s directives not being followed, or changed, or followed selectively? It doesn’t seem anything here is actionable in the courts. On the left, there will be a lot of harrumphing, on the right a lot of obtuse posturing. Add it to the list, and keep an eye on the fact that the people responsible for these ballots say explicitly that there’s nothing there there.
Should not mean declaring new powers.
That’s true enough, but, for example, making decisions about whom to prosecute isn’t exactly a new power for the DOJ to exercise.
I agree with you about some of those OLC memos, and could point you towards some of my previous comments about them – but there, too, I think it pays to recall that some of them were written for Democratic administrations.
“Democratic partisan politics,” he wrote, “must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges.
FIFY
Barr put out that memo as a smokescreen. He knew he was going to order this kind of election interference story and wanted to paint the picture that he was above partisan politics.
O/T Everyone needs to watch this about remarkable woman.
Oh, but you misunderstand.
Supporting DEMOCRATS is not allowed. Supporting REPUBLICANS is considered “God’s Work” by Billy Barr, so it doesn’t count.
Wrong is wrong. Equal treatment under the law should be.
What you need to understand is that Republican use of English does not track with its use here in the world of objective fact. Like “religious freedom” in Republican-ese means the freedom to discriminate against anyone you claim is disliked by Christianity (other religions do not count–for example, Jews cannot discriminate against the goyim under this standard). Thus, “partisan politics” when used by Bill Barr, well known international man of integrity, only means actions that might help Democrats or hurt Republicans. Any action that does the opposite is obviously excluded from the definition.
That’s … pretty funny.
Barr really believes he’s a chess master. It’s to our advantage that he continue to do so.
You have all gotten it wrong. Barr was dictating and his assistant misheard him.
He actually said “Parmesan politics must play no role in decisions…” He’s openly declaring himself an advocate for the cult that dishonors the Flying Spaghetti Monster on a daily basis and promising to defend the failed minority holding power despite their sworn allegiance to Kraft Macaroni & Cheese, now with extra Orange powder.
Checks and balances?
ETA: Who knew the Constitution could be so hard.
Yes, that’s the thing: Requiring the DOJ to obtain Congressional approval for every memo would be … difficult.
“Partisan politics,” he wrote, “must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges. Law enforcement officers and prosecutors may never select the timing of public statements (attributed or not), investigative steps, criminal charges, or any other action in any matter or case for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.”
Barr: It’s not partisan if it helps Rs and hurts Ds.