One of Bill Barr’s biggest critics is Donald Ayer, who was U.S. Deputy Attorney General under George H. W. Bush. One laudable goal of the guidelines is to reduce racial disparities that creep into the system.
Copyright 2020 Checks and Balances. Beginning in March with his public whitewashing of Robert Mueller’s report, which included powerful evidence of repeated obstruction of justice by the president, Barr has appeared to function much more as the president’s personal advocate than as an attorney general serving the people and government of the United States. What is the American public to make of Attorney General Bill Barr’s congressional testimony defending his actions in the Trump ally Roger Stone’s case?
Also quite unsettling was Trump’s explicit mention of Barr and Rudy Giuliani in the same breath in his July 25 phone call with Volodymyr Zelensky, as individuals the Ukrainian president should speak with regarding the phony investigation that Ukraine was expected to publicly announce.Still more troubling has been Barr’s intrusion, apparently for political reasons, into the area of Justice Department action that most demands scrupulous integrity and strict separation from politics and other bias—invocation of the criminal sanction. So for every federal defendant, the government must calculate the guidelines according to a clear and set methodology, applying the rules to the facts, and the court must determine what sentence range the guidelines produce, but can then decide to vary upward or downward from the range.The four career prosecutors handling the Stone matter did what we federal prosecutors are all trained to do: They correctly applied the guidelines to the facts in the case and Barr was promptly informed of this submission by the then–U.S. All Rights Reserved. Barr’s testimony amounted to an argument that the ends justified the means; it was fine to submit the revised sentencing recommendation so long as a court ultimately selected a sentence within that range.To understand just how far Barr strayed from the rule of law, it is important to understand how federal sentencing should work—and does work in cases other than those of the president’s friends.The parties start by considering the defendant’s crimes. As every experienced federal prosecutor would immediately understand, Barr’s position violates Department of Justice lawyers’ training, their obligations to the court, their duty under the U.S. sentencing guidelines, and the equal application of the law to all. Here is the meat of it: For many decades, Barr has had a vision of the president as possessing nearly unchecked powers. And now, from his perch as attorney general, he is in the midst of a root-and-branch attack on the core principles that have guided our justice system, and especially our Department of Justice, since the 1970s.
"Bill Barr's America is not a place that anyone, including Trump voters, should want to go," Ayer wrote. Donald Ayer, the former deputy attorney general under President George H.W. A jury had found Stone guilty of five counts of lying to Congress, one count of obstruction of justice, and one count of tampering with a witness by threatening him to change his testimony.
attorney in the District of Columbia—an This submission led all four career prosecutors to withdraw from the case, and one resigned from the department altogether.
More generally, it appears that Barr has recently identified a group of lawyers whom he trusts and Bad as they are, these examples are more symptoms than causes of Barr’s unfitness for office.
When Barr initiated a second, largely redundant investigation of the FBI Russia probe in May, denominated it criminal, and made clear that he is personally involved in carrying it out, many eyebrows were raised.But worst of all have been the events of the past week. Donald Ayer in The Atlantic: Bill Barr Must Resign February 17, 2020 Note: this was originally published in The Atlantic, and was written by Checks & Balances member Donald Ayer.
Among the most widely reported and disturbing events have been Barr’s statements that a judicially authorized FBI investigation amounted to “spying” on the Trump campaign, and his public rejection in December of the inspector general’s considered conclusion that the Russia probe was properly initiated and overseen in an unbiased manner.
William Pelham Barr (born May 23, 1950) is an American attorney and the 77th and 85th United States Attorney General.Barr's second stint in the post began in February 2019 during the Donald Trump administration. But that is akin to what Barr did, and the career prosecutors rightly balked.Barr’s claim that the district court then vindicated him is provably false. In truth, the district court rejected Barr’s position on the guidelines entirely, finding that the career submission was “true to the record” and “in accordance with the law and DOJ policy.” Indeed, even the new prosecutor assigned to handle Stone’s sentencing could not and That is not the end of the problems with Barr’s actions.
In chilling terms, Barr’s own words make clear his Indeed, given our national faith and trust in a rule of law no one can subvert, it is not too strong to say that Bill Barr is un-American. All Rights Reserved. Media contact: TheAtlantic.com Copyright (c) 2020 by The Atlantic Monthly Group. The attorney general is working to destroy the integrity and independence of the Justice Department, in order to make Donald Trump a president who can operate above the law.At the end of his first year of service, Barr’s conduct has shown that such expectations were misplaced. And you cannot ignore or invent facts to achieve a desired result.
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