Friday, December 21, 2018

That Whole Saturday Night Massacre Thing, Con't

In a move that shouldn't surprise anyone at this point, Trump regime Attorney General pick William Barr basically auditioned for the job last summer with a secret 20-page memo justifying the firing of Robert Mueller.

William Barr, President Trump’s choice for attorney general, sent an unsolicited memo earlier this year to the Justice Department that excoriated special counsel Robert Mueller’s inquiry into potential obstruction of justice by Mr. Trump, saying it is based on a “fatally misconceived” theory that would cause lasting damage to the presidency and the executive branch.

The 20-page document, which was reviewed by The Wall Street Journal, provides the first in-depth look at Mr. Barr’s views on the special counsel’s Russia investigation, which he would likely oversee if confirmed.

In the memo, Mr. Barr wrote he sent it as a “former official” who hoped his “views may be useful.” He wrote he was concerned about the part of Mr. Mueller’s probe that, according to news reports in the Journal and elsewhere, has explored whether Mr. Trump obstructed justice in asking then-FBI director James Comey to drop an investigation into former national security adviser Mike Flynn’s contacts with Russia, and by later firing Mr. Comey.

Mr. Barr’s memo, dated June 8 and sent to Deputy Attorney General Rod Rosenstein, argues that, based on the facts as he understands them, the president was acting well within his executive-branch authority.

In other words, the nominee for Attorney General is on the record as saying that firing Comey was not obstruction of justice.  It gets worse though.

Mr. Barr argued in the memo that a president can be accused of obstructing justice under the relevant legal provision if he knowingly destroyed evidence or encouraged a witness to lie. But Mr. Trump was lawfully exercising his authority in firing Mr. Comey, he wrote. If prosecutors pursue Mr. Trump over his comments to Mr. Comey about Mr. Flynn, according to the memo, it opens the door for every decision that is alleged to be improperly motivated to be investigated as “potential criminal obstruction.”

“I know you will agree that, if a DOJ investigation is going to take down a democratically-elected President, it is imperative to the health of our system and to our national cohesion that any claim of wrongdoing is solidly based on evidence of a real crime—not a debatable one,” Mr. Barr wrote in the memo. “It is time to travel well-worn paths; not to veer into novel, unsettled or contested areas of the law; and not to indulge the fancies by overly-zealous prosecutors.”

There's no doubt anymore that Barr would not only not recuse himself from oversight of the Mueller probe, but that he would choose to interfere with and limit its scope from day one on the job.

He cannot be confirmed without an ironclad promise to recuse, and that will never happen.

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