Trump's policy is to nominate people openly hostile to the missions of the departments they lead. For instance: Betsy DeVos wants to abolish the Education Department. William Wehrum, in charge of enforcing the Clean Air Act, doesn't believe in clean air. Cameron Quinn and Eric Dreiband -- in charge of upholding civil rights -- do not believe in civil rights. Makan Delrahim -- in charge of enforcing anti-trust legislation -- wants more corporate mergers. Mick Mulvaney -- in charge of the Consumer Financial Protection Bureau -- wants to abolish the Bureau. The list goes on. It's a kakistocracy: rule by the worst.
According to The Guardian, Trump assembled the wealthiest cabinet in history. New York Magazine calls them a "Team of Racists."
59% of Americans want abortion to remain legal. 37% want abortion outlawed. (Source: Pew Research.)
Of the 37% that want abortion outlawed, 59% agree that there should be exceptions made in cases of rape. (Source: Gallup.) In other words, if a teenage girl is brutally attacked by a violent sex offender she's never seen before, beaten within an inch of her life, and forced to conceive an embryo against her will when she's unconscious, most people agree she should be allowed to end the pregnancy. Those with the opposite point of view -- that the government should force a rape survivor to carry an attacker's embryo to term -- are a tiny minority. It's less than 15% of the population. However, this group currently wields considerable political power. It includes Ben Carson, Supreme Court Justice Brett Kavanaugh, Sonny Perdue, Vice President Mike Pence, and Mike Pompeo. (Pence also wants to cancel the girl's maternity care.)
Of the 37% that want abortion outlawed, 69% agree that if the pregnancy endangers a woman's life, she should be allowed to end it. (Source: Gallup.) For instance: an ectopic pregnancy is a fatal disease where it is medically impossible to save the terminally ill embryo. Unless the pregnancy is terminated, the mother will die as well. A tiny minority believes that if the embryo cannot be saved, the government should make it illegal for a doctor to save the mother. Though less than 11% of the population agrees with this position, this fringe group currently has enormous political power. It includes Mike Pence and Mike Pompeo. Of course, the belief that doctors should let innocent mothers die because it's impossible to save a dying embryo isn't pro-life -- it's pro-death.
89% of Americans want legal contraception. (Source: Gallup.) Only 11% of the population disagree -- but that 11% includes Brett Kavanaugh, Mike Pence, and Mike Pompeo.
Every American has the right to free speech and freedom of religion. Everyone -- pro-choice, pro-life, even pro-death -- has a right to their beliefs. However: no one has the right to use the government's power to force those who don't share their religious beliefs to abide by them anyway. The pro-choice majority has no right to force abortions on those who don't want them, any more than the anti-abortion minority has the right to deny abortions to those who need them.
The "let women die" position is unconstitutional. The Fifth Amendment reads: "No person shall be... deprived of life, liberty, or property, without due process of law." Neither Congress nor any State government can outlaw a medical operation necessary to save an innocent person's life.
Note that Mike Pence, champion of the anti-abortion movement, wants to take away health insurance from pregnant women and 24 million other Americans. If he succeeds, 43,000 innocent Americans will die from treatable diseases every year.
The next month, Special Counsel Robert Mueller sent Barr a 400-page report of his two-year investigation into the 2016 Russian cyberattack. In under two days, Barr sent Congress a misleading four-page letter summarizing the report and informing them of his decision not to charge Trump with obstruction of justice. Barr, of course, had already decided not to charge Trump nine months before he saw Mueller's evidence, and later admitted he hadn't even looked at that evidence when he wrote the letter. (The New York Times compares the discrepancies between what Barr said about the report and what the report really says.)
After Barr released his letter, Mueller wrote Barr objecting to his failure to "capture the context, nature, and substance" of the report. Two weeks later, Barr testified before Congress that he didn't know whether Mueller supported his conclusions or not. Barr committed perjury - either intentionally or because he is completely incompetent. Either way, he should be impeached and removed from office.
A month later, Barr released a censored version of Mueller's Report to the public. As The Atlantic and the Huffington Post point out, Barr's comments to the press at the time were not those of a law enforcement official -- they were those of Trump's defense attorney. The Attorney General's job is to uphold the law, not protect government officials who obstruct justice, and Barr has made a mockery of his position.
The New Republic reported that "The attorney general's take on the Mueller report goes through contortions to avoid charging the president with a crime" and that "Barr performed a remarkable gimmick that allowed him to not only break promises he made during his confirmation process, but also gloss over the crimes that Trump is suspected of committing... In giving Trump the all-clear on obstruction charges, Barr appears not to have considered whether Trump obstructed the actual crime in question. He instead considered whether the president obstructed a different crime. This is the legal sleight of hand that has allowed Barr to proclaim that Trump will not be charged."
"It is clear that Richard Nixon would not have been forced to resign his office if Barr had been Attorney General," wrote John Dean, an attorney who worked in Nixon's White House.
"Whatever means they [progressives] use are therefore justified because, by definition, they are a virtuous people pursing a deific end. They are willing to use any means necessary to gain momentary advantage in achieving their end, regardless of collateral consequences and the systemic implications. They never ask whether the actions they take could be justified as a general rule of conduct, equally applicable to all sides... conservatives tend to have more scruple over their political tactics and rarely feel that the ends justify the means."
Like a schoolyard bully, Barr is projecting -- assigning qualities to others that he hates in himself. Barr's partisanship blinds him to the fact that he himself is doing what he falsely accuses House Democrats of doing. He thinks House Democrats are trying to subvert the rule of law to empower their political party -- because that's what Barr would do if he if he were in their position, and that's what he has done as Attorney General.
The belief that the ends justify the means is exactly what got Trump into this mess in the first place. Trump sees no problem with extortion, bribery, breaking campaign finance laws, threatening witnesses, receiving emoluments, undermining our national security, abusing his power, or obstructing justice -- so long it gets him re-elected. Since Trump's a fellow Republican, though, Barr thinks Trump's above the law and does not see a problem with Trump's lawlessness.
"Some of you may recall when I was up for confirmation, all these Democratic senators saying how concerned they were about my adherence to the unitary executive theory," Barr said later. "This is not new and it's not a theory."
The Constitution establishes the Presidency, Congress, and the courts as equal branches of government. Barr, however, is a proponent of the so-called Unitary Executive theory. This nonsense holds that the Constitution "really" says the President is a king; Congress and the courts are subordinate; the President cannot be impeached; and if the President commits crimes or abuses his power, there's nothing anyone can do about it. As anyone who has read the Constitution can tell you, this is hogwash.
The Unitary Executive theory is a hoax. Even Barr and the other Unitary Executive Republicans don't really believe it. If they did, they would have blocked the impeachment of President Bill Clinton out of respect for the office. They would have argued that it's illegal to impeach any President, no matter what he does. Moreover, for eight years, Senate Republicans filibustered everything President Obama proposed just to make him look bad, and cried "dictator" whenever Obama signed an executive order. If Unitary Executive Republicans really believed that Congress is supposed to be subordinate to the President, they would have rushed to Obama's defense and claimed that filibustering his proposals was illegitimate. Obviously, this did not happen. Unitary Executive Republicans think Republican Presidents should have dictatorial powers -- and Democratic Presidents should not.
Obviously, no Republican would ever suggest that Bill Clinton and Barack Obama should have had dictatorial powers. The President is not a king. He must obey the law regardless of what political party he belongs to.
America stands for equal justice under the law, and the Attorney General is the nation's top law enforcement official. Someone who does not put the rule of law above partisan politics is unfit for the job. Barr believes that Attorney General's job is to protect those who agree with his politics regardless of whether or not they break the law -- and those who disagree with his politics do not deserve the law's protection. If any previous Attorney General had made such comments, they would have been fired immediately. Since Barr does not believe in equal justice, he must be impeached and removed from office.
"Barr depicted the [FBI] probe as a 'danger' to civil liberties and the American political system. He was twisting up into down.
"...As the United States was undergoing a Russian attack designed to undermine the election and boost Trump, should the FBI have done nothing about the possible contacts between the Trump campaign and Russia or its cut-outs? The clandestine assault on American democracy posed the most profound danger. But Barr, in service of Trump, resists recognizing this reality, the one in which Trump aided and abetted the Russian attack and was elected with assistance from Putin. To remove this stain, which is indeed a challenge to Trump’s legitimacy, Barr must delegitimize the FBI's investigation. There can be no other Russia narrative other than the one in which [his] supreme leader is the the unfair target of history's worst witch hunt, the victim of a terrible hoax.
"With his NBC interview, Barr demonstrated how far he will go to cast the FBI and its investigation in a nefarious light—and to dismiss the Russia scandal. He claimed that 'in today’s world, presidential campaigns are frequently in contact with foreign persons.' [This is not true at all, and certainly] Not in the way that the Trump campaign was. Most presidential campaigns are not led by money launderers who are in contact with Putin-friendly oligarchs and who are meeting secretly with former business partners suspected of working with Russian intelligence. Most campaigns do not seek to set up private communications with foreign adversaries while these countries are attacking the United States. Barr also claimed 'in most campaigns there are signs of illegal foreign money coming in.' No, that's not true, either. But if it were, why is Barr's Justice Department not on a crusade to root out this criminal activity?"
According to Barr, it wasn't a Russian cyberattack meant to manipulate the 2016 election that threatened our civil liberties. The real threat was the FBI's investigation into that cyberattack. As Mother Jones observed, "Consider the implications of all of this for any FBI agent or federal investigator who now wants to look into clandestine Russian efforts to assist Trump in the 2020 election. You would have to be crazy to seek or take on such an assignment. Trump and his supporters have shown that they will decry any such investigation as a 'hoax' and target the investigators as Deep State plotters who ought to be publicly denounced and punished. Barr has signaled he is willing to sic his own investigators on anyone within the FBI or Justice Department who dares dig into Russian intervention in a US election. The message to an FBI agent who might want to pursue such a matter is clear: This is career suicide. Barr has disincentivized the entire FBI from probing any possible repeat of 2016. This is great news for Putin and his operatives."
In February 2020, Barr intervened in the sentencing of convicted Trump aide Michael Flynn to reduce his prison time. Trump and Barr then intervened in the sentencing of convicted Trump associate Roger Stone, urging the four prosecutors on the case to shorten Stone's recommended sentence. The four Justice Department lawyers resigned rather than comply. (After Trump and Barr intervened, Stone was sentenced to three years in prison; the original prosecutors had recommended nine. Trump later commuted Stone's sentence so his friend wouldn't have to go to prison at all.) Barr also set up a procedure where the Justice Department would examine leads sent over by Trump’s personal lawyer, Rudy Giuliani. Giuliani and Trump have spent months promoting bogus conspiracy theories about presidential candidate Joe Biden. Barr, Trump, and Giuliani are intent on using the Justice Department to protect Trump's friends and punish his opponents, regardless of what the law says.
Former Labor Secretary Robert Reich wrote: "If a president can punish enemies and reward friends through the administration of justice, there can be no justice. Justice requires impartial and equal treatment under the law. Partiality or inequality in deciding whom to prosecute and how to punish invites tyranny."
Over 2,000 former Justice Department officials have called on Barr to resign. They wrote:
"...It is unheard of for the Department’s top leaders to overrule line prosecutors, who are following established policies, in order to give preferential treatment to a close associate of the President, as Attorney General Barr did in the Stone case. It is even more outrageous for the Attorney General to intervene as he did here after the President publicly condemned the sentencing recommendation that line prosecutors had already filed in court.
"Such behavior is a grave threat to the fair administration of justice. In this nation, we are all equal before the law. A person should not be given special treatment in a criminal prosecution because they are a close political ally of the President. Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.
"Those actions, and the damage they have done to the Department of Justice’s reputation for integrity and the rule of law, require Mr. Barr to resign."
In May 2020, Barr intervened again in the perjury case against Michael Flynn. In an shocking move, Barr dropped the charges against a defendant who had already pleaded guilty. The Atlantic wrote: "The whole process is stunning: Flynn was accused of committing several crimes, admitted to one to try to get himself off easy, agreed to cooperate, reneged on the deal, and is now free, having escaped punishment for both the crime to which he confessed and those on which he avoided prosecution."
As noted above, Barr has been using his position as head of American law enforcement to protect Trump and his friends from prosecution. Dropping the case against Flynn was blatantly corrupt even for Barr. If Barr had served in the Obama Administration and had dropped criminal charges against a friend of Obama's -- charges that the friend had confessed to -- Congress would have impeached Barr immediately. As The Atlantic wrote, "under Barr, there are two separate systems of justice, one for the president's friends, and one for everyone else." As a result of Barr's action, "the lead prosecutor has quit the case, and the government's filing was so unpersuasive that no career prosecutor was willing to sign it." (Trump was voted out of office six months later, and pardoned Flynn as one of his last official acts.)
In June 2020, Barr fired Geoffrey S. Berman, a federal attorney in New York. According to the Christian Science Monitor, Berman was investigating Trump lawyer Rudy Giuliani's failure to register as a lobbyist for a foreign government. This was another blatantly corrupt move: Barr personally and publically intervened to fire the attorney investigating possible wrongdoing by a friend of Trump's.
Later that June, Buzzfeed obtained an uncensored version of the Mueller Report through the Freedom of Information Act. The Washington Monthly pointed out that Barr's redactions had nothing to do with national security. They were meant to cover-up Trump's obstruction of justice and prevent Trump from being indicted. That meant Barr himself obstructed justice.
According to Mother Jones, Barr committed perjury again in his July 2020 testimony before Congress. Barr claimed he had no idea Trump had said publically (on several occasions) that he would reward Stone for keeping quiet. That couldn't possibly be true, though. Some of Trump's statments were in the Mueller Report, including the parts Barr personally redacted.
(House Judiciary Committee Chairman Jerry Nadler told CNN in June 2020 that impeaching Barr was "a waste of time" because the Republican-controlled Senate would never convict him "no matter what the evidence." Nadler is right that the Republicans probably won't convict Barr, but he's wrong to say it would be a waste of time. Even if Barr is not convicted for using his power to protect Trump's friends from criminal prosecution, an impeachment trial would force every Republican Senator to tell their constituents that they have no problem with Barr's corruption.)
After Trump was voted out of office, CNN reported that the Barr-led Justice Department subpoenaed Apple, ordering the company to produce the electronic records of Congressmen, their staff members, and their families -- including at least one child. Apple was forbidden from telling the Congressmen their records had been seized, though the company did so as soon as the gag order expired. Though the Justice Department lawyers claimed to be looking for leaks regarding Congress' Russia investigation, they subpoenaed the records of family members and staff members who had nothing to do with that. "I believe they were targeted punitively," said Congressman Eric Swalwell, "not for any reason in law but because Donald Trump identified [the Congressmen] as an enemy of his."
In his first term, Trump picked a cabinet full of people who wanted to destroy the departments they led. For his second term, Trump vowed to be Dictator On Day One (DODO) and assembled the wealthiest cabinet in history, dwarfing the wealth of even his first term's cabinet. Thirteen of them are billionaires. What's more, Trump chose the most unqualified people he could find to serve as a loyalty test for Senate Republicans. Trump wanted to find out if any Senators would stand up to him if he put an alcoholic in charge of national defense, a Putin sympathizer in charge of intelligence, and a man suffering from brain damage in charge of public health. Unsurprisingly, almost none of them did. In comparison, this group of adulterers, useful idiots, and quacks make his first cabinet look competent.
Legacy Links: [But Today,
I Confess: Political Satire in Verse] | [Obamawatch] | [The Legacy of George W. Bush]