Barr’s Approach Closes Gap Between Justice Dept. and White House

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The attorney general has brought the department closer to the White House than it has been in a half-century, historians said.

WASHINGTON — When the top federal prosecutor in Washington recently accused the local police of arresting protesters without probable cause, Attorney General William P. Barr stepped in.

Mr. Barr, who has frequently voiced his support for police officers, brought in the U.S. attorney, Michael Sherwin, to meet with the chief of the Washington police and other top law enforcement officials, escalating the local dispute to the top of the Justice Department.

The meeting grew heated, but ultimately, Mr. Sherwin backed down, according to three people familiar with the encounter. Mr. Barr told Mr. Sherwin to write a letter that said he had not meant to imply that the police had acted unlawfully. In a nod to Mr. Sherwin’s original objection, the Washington police are working with prosecutors to identify video and other evidence to back up the arrests. Continue reading.

FBI director stuck in the middle with ‘Obamagate’

The Hill logoFBI Director Christopher Wray is sitting in an increasingly hot seat as Republicans and the White House press forward with investigations into what President Trump is calling “Obamagate.”

Congressional Republicans are pressing Wray to provide more information after recently released FBI field notes showed officials debating how to handle the case against former national security adviser Michael Flynn.

The controversy over the notes contributed to Attorney General William Barr’s contentious decision to drop charges against Flynn, despite his guilty plea. Continue reading.

Here’s what Bill Barr doesn’t want you to remember about Michael Flynn

AlterNet logoOn October 7, 2016, the intelligence community issued a statement confirming that it was the Russian government that “directed the recent compromises of e-mails from U.S. persons and institutions, including from US political organizations.” Then, on January 6, 2017, they released an assessment of both Russian activities and intentions in their efforts to interfere the 2016 election. Here is their key finding:

We assess Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election. Russia’s goals were to undermine public faith in the US democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump. We have high confidence in these judgments.

Upon completion of that assessment, two issues remained: (1) the question of whether the Trump campaign had conspired with the Russian government and (2) how to respond to an adversary’s attempt to interfere in an election. The first question was eventually assigned to special counsel Robert Mueller and, on the second, President Obama ordered sanctions on individuals and entities involved in the interference efforts, shut down two Russian compounds in the U.S., and expelled more than 30 Russian intelligence operatives.

Justice moves to drop case against Flynn

The Hill logoThe Department of Justice (DOJ) is moving to drop its case against former national security adviser Michael Flynn for charges of lying to the FBI about his contacts with Russia shortly before President Trump took office.

Flynn had entered into an agreement in 2017 to cooperate with DOJ and plead guilty, but he had since withdrawn from the plea agreement and was fighting the charges.

Documents released last month have fueled conservative claims that the FBI was out to entrap Flynn, who was ousted from the White House after misleading Vice President Pence and others about his contacts with the Russian ambassador. Continue reading.

Barr signals DOJ support for lockdown protesters

The Hill logoWhen Attorney General William Barr this week directed U.S. prosecutors to safeguard civil liberties amid state-level pandemic orders, he signaled Justice Department support for lockdown protesters by highlighting religious and economic rights.

In a two-page memo, the nation’s top cop gave the clearest indication yet of the kind of battles federal prosecutors are likely to focus on. In doing so, Barr suggested the Department of Justice (DOJ) might back church groups and those seeking a swifter economic reopening while staying on the sidelines of fights over new limits on abortion and voting access.

“It’s extremely likely that the DOJ will play favorites,” said Lindsay Wiley, a law professor at American University. “I think it’s accurate to assume that DOJ will not intervene in a neutral way, but will instead intervene on behalf of plaintiffs asserting rights the administration favors.” Continue reading.

Barr backs Trump on firing of intel IG, calls Russia investigation baseless

Speaking with Fox News’ Laura Ingraham, Barr also revealed some details of an ongoing investigation the attorney general ordered into the beginning of the Russia investigation.

Attorney General William Barr backed President Donald Trump on his firing of the intelligence community’s chief watchdog and dismissed the investigation into Trump’s ties to Russia as baseless in an interview aired Thursday night.

Speaking with Fox News’ Laura Ingraham, Barr also revealed some details of an ongoing investigation the attorney general ordered into the beginning of the Russia investigation.

Barr’s comments come after Trump expressed his intent to fire the intelligence community’s Inspector General, Michael Atkinson, last week. Atkinson was the first to inform Congress about an “urgent” complaint concerning Trump’s contacts with Ukrainian President Volodymyr Zelensky. Those contacts launched the House’s impeachment inquiry. Continue reading.

Federal judge critical of Trump and AG Barr has obtained an un-redacted copy of the Mueller report

AlterNet logoJudge Reggie Walton issued two court orders asking the U.S. Department of Justice (DOJ) for an unredacted copy of the Mueller Report, and on Monday, March 30, DOJ attorneys with the U.S. District Court for the District of Columbia notified Walton that a copy had finally been delivered.

However, reporter Colin Kalmbacher notes in Law & Crime that “the long sought-after report won’t be looked over any time soon” because of “the general and specific federal caseload slowdowns enacted in response to the novel coronavirus COVID-19 pandemic and social distancing response regime.”

Walton explained the delay, noting that the U.S. District Court for the District of Columbia’s “review of the unredacted version of the Mueller report is unable to occur until the Court resumes its normal operations on April 20, 2020, unless the Court’s normal operations are further suspended due to the COVID-19 pandemic.” Continue reading.

DOJ using coronavirus crisis to push for expansive emergency powers

AlterNet logoThe Department of Justice is using the coronavirus outbreak to ask Congress for sweeping emergency powers including suspending habeas corpus during an emergency, a power grab that was denounced by civil liberties advocates.

“Oh hell no,” tweeted Fletcher School professor Daniel Drezner.

The DOJ plans were reported on by Politico‘s Betsy Woodruff Swan, who reviewed the request documents. Continue reading.

U.S. judge freezes House lawsuit seeking President Trump’s IRS tax records

Washington Post logoA federal judge froze a House lawsuit on Friday that seeks to enforce a subpoena for six years of President Trump’s federal tax records.

The judge said he will wait at least until an appeals court rules on whether Congress, in a separate case related to former Trump White House counsel Donald McGahn, can sue to compel executive branch officials to testify. U.S. District Judge Trevor N. McFadden of Washington indicated that the hold in the tax records case could go on longer if the McGahn case goes to the U.S. Supreme Court.

The House sued the administration in July after Treasury Secretary Steven Mnuchin refused to comply with a subpoena for Trump’s business and tax records issued in May. Continue reading.

Justice Dept. abandons prosecution of Russian firm indicted in Mueller election interference probe

Washington Post logoThe Justice Department on Monday dropped its two-year-long prosecution of a Russian company charged with conspiring to defraud the U.S. government by orchestrating a social media campaign to interfere in the 2016 presidential election.

The stunning reversal came a few weeks before the case — a spinoff of special counsel Robert S. Mueller III’s probe — was set to go to trial.

Assistants to U.S. Attorney Timothy Shea of Washington and Assistant Attorney General for National Security John C. Demers cited an unspecified “change in the balance of the government’s proof due to a classification determination,” according to a nine-page filing accompanied by facts under seal. Continue reading.