Tag Archives: William Barr

Making the case that Donald Trump is a strong president is harder than it looks

[Spoiler alert: The photograph by Doug Mills of the New York Times captures President Donald Trump, flanked, a few steps behind, by the Attorney General of the United States and the Chairman of Joint Chiefs of Staff, making a triumphant walk into Lafayette Park. No other man in the country could have led this walk. No one else holds such a powerful position. Nonetheless, after trying to establish that Trump is a strong president, I conclude that this is not the case.]

In the United States we like to “rate” a President. We measure him as “weak” or “strong” and call what we are measuring his “leadership.” We do not wait until a man is dead; we rate him from the moment he takes office. We are quite right to do so. His office has become a focal point of politics and policy in our political system. – Richard Neustadt, Presidential Power, p. 3.

A number of political scientists and commentators, adhering to the Neustadt model of presidential power, have contended throughout his term that Donald Trump is a weak president. I made the case for this view in a previous post. In this post, I will argue that this conclusion leaves out a singular presidential power (unobserved by Neustadt) that greatly enhances Trump’s political influence. This must be factored into the equation in assessing Trump’s leadership. Yes, the man displays a profusion of weaknesses (reviewed in my original post), but in assessing his relative power as president, attention must be paid to an unprecedented strength that stems from Trump’s domination of the Republican Party.  

This domination has guaranteed Trump a measure of immunity from consequences that no president before him enjoyed. A Republican Party united in the refusal to buck its leader renders all criticism of Trump partisan, which transforms the narrative in the mainstream media into tiresome politics-as-usual bickering between the parties. Republican unity, in the face of off-the-rails leadership, is a huge asset, resulting in unprecedented presidential immunity from substantive objections or pushback from his party.

To set up my argument, I’ll begin with observations made last week on June 7 by George Will (interviewed after publication of his op-ed, “Trump must be removed. So must his congressional enablers.”). From the interview:

Twenty-sixteen: people faced with two candidates they didn’t like, opted for the one they knew least and that was Mr. Trump. Three and a quarter years later the fact is that 90-percent of the Republican Party approves of his conduct. Ninety percent. The Republican Party has never been so united in the 20th century – not really since it was founded in 1854.

It was divided between the Teddy Roosevelt and the Taft Republicans in 1912, between the Dewey and Taft Republicans in the 1940s, between the Goldwater and Rockefeller Republicans in the 1960s. Today it is a united party and united behind someone unfit to lead. That is a sobering thought.

Chuck Todd: … How do we fix this? … Is it a new party, new conservative party?

No, what you do is, is you give, as a disobedient child, is you give them a time-out. You give them time to reflect on the cost of suspending their judgment, and suspending their principles and convictions, and turning themselves into a cult of personality. Which is why I think a very thorough rejection of the party, top to bottom, in the elections, will cause them to pause and think: Is it worth it? What am I gaining from this acquiescence? In a man that no one, that – no Congressional Republican to speak of has any affection for the President. This is all fear.  Fear grounded in the 90-percent. [Link at MSNBC: Sorry, video is no longer available.]

The takeaway: Trump’s base – party activists, FNC viewers, talk radio listeners, devotees of rightwing websites and social media, and folks still chaffing at Obama’s election – will turn out in Republican primaries to punish office holders and candidates who have gotten on Trump’s bad side. It is hardly an exaggeration to refer to this, as Will does, as a cult of personality.

It had been uncommon, before Trump, for a president to go after a Senate or House member of his own party. Trump is ready, willing, and able to follow through with this threat, which can bring an abrupt end to a political career.

Politicians with an instinct for survival are quick learners. They watched the takedown of Mark Sanford, a member of the House Freedom Caucus, whose conservative credentials were solid, but who was a sometime Trump critic. He lost his primary when Trump turned on him. Another solid conservative, who decided not to seek reelection as a Senator after straying from the Trump fold, commented on the Sanford takedown:

“This is Trump’s party,” said Republican Sen. Jeff Flake, a fierce critic of the President who decided not to run for re-election in Arizona. “We’ve all felt it. It was reiterated last night. If you want to win a Republican primary, you can’t deviate much from the script. It’s the President’s script. You can’t criticize policy or behavior.”

The resulting fear throughout the GOP caucuses of both houses ensures that contradicting Trump on anything that he cares about (which is always about him) is exceedingly rare. Trump speaks or tweets. And caucus members reinforce his message, comment evasively, or stand silent. The possibility of a bipartisan critique of presidential misbehavior vanishes. Republican Party unity means not giving an inch and being always “willing to engage in overlooking the truth, overlooking the facts.” Any rebuke or criticism of Trump is reported as just more squabbling between the parties because Republicans won’t criticize their leader. They’re with him come what may.

That’s powerful. That’s a presidential strength that would have prompted Richard Neustadt to add an additional chapter to his book, had he witnessed the phenomenon.

Democrats have noticed Congressional Republicans’ submission to Trump. Sherrod Brown wrote after the Senate impeachment trial (“In Private, Republicans Admit They Acquitted Trump Out of Fear”):

In private, many of my colleagues agree that the president is reckless and unfit. They admit his lies. And they acknowledge what he did was wrong. They know this president has done things Richard Nixon never did. And they know that more damning evidence is likely to come out.

But:

They are afraid that Mr. Trump might give them a nickname like “Low Energy Jeb” and “Lyin’ Ted,” or that he might tweet about their disloyalty. Or — worst of all — that he might come to their state to campaign against them in the Republican primary. They worry:

“Will the hosts on Fox attack me?”

“Will the mouthpieces on talk radio go after me?”

“Will the Twitter trolls turn their followers against me?”

Republicans gave Donald Trump a pass on impeachment. Before that they gave him a pass on the abuses documented in the Mueller Report. Before that they gave him a pass on undermining the nation’s intelligence agencies, sabotaging international alliances that keep the peace, and wrecking relations with democratic governments across the globe. Republicans have given Trump a pass on moving millions of dollars from the U.S. Treasury to Trump family businesses. The list goes on: the hollowing out of the State Department, the purging of career professionals across the executive branch, and serial firings of inspectors general.

What has happened in the Department of Justice is especially egregious. Bill Barr has sought – with considerable success – to undo criminal prosecutions brought by Mueller’s team against Trump cronies and grifters, while weaponizing the justice department to go after Trump’s political enemies (from Senator Richard Burr to Joe Biden, the President’s 2020 opponent, as well as numerous career officials in place during the previous administration).

Checks and balances are anachronistic

In another era, Congress would have had an active role in uncovering and remedying much of the corruption and malfeasance in evidence. Not so long ago, the effort (in at least some instances) would have been bipartisan. No longer. The White House has stonewalled Congressional investigators in wholesale fashion and asserted broad executive privilege in court. It refused absolutely to cooperate with the House impeachment investigation – no documents, no witnesses:

Given that your inquiry lacks any legitimate constitutional foundation, any pretense of fairness, or even the most elementary due process protections, the Executive Branch cannot be expected to participate in it.

Trump has succeeded in neutering Congressional oversight (and with the firings of inspectors general, oversight within the executive branch) and in shrugging off checks on the White House to a degree unthinkable four years ago. And at every step, Congressional Republicans have gone along with whatever Trump has brought their way. The Republican Senate has gone further.

Trump directs the reality show

In another era, a conspiracy theory with a catchy name, but otherwise devoid of facts, evidence, or even a coherent theory of the case, wouldn’t receive much attention. Trump, who has cited “Obamagate” dozens of times, signals to Republicans to get on board with the charade:

On May 16 Trump, retweeting a complaint that McConnell has done nothing about “the Russian collulsion hoax,” sent a tweet directing McConnell to “Get tough and act quickly, or it will be too late.”

Three days later, McConnell gave “a full-throated endorsement of an aggressive Senate Republican investigation of the counterintelligence probe into whether the then-candidate and his campaign colluded with the Russians in 2016.” The Senate Homeland Security and Governmental Affairs Committee, chaired by Ron Johnson, and Lindsey Graham’s Judiciary Committee, have both opened investigations.

The President dominates his political party in a way that no previous president has done, and that no one would have expected of any presidential nominee of either party before Trump. Justin Amash has suggested that Trump’s shamelessness “gives him this superpower that other people don’t have.” I regard Trump’s immunity from consequences to be vastly more significant. Personal immunity to feelings of shame in a president goes a long way, but not nearly as far as historically unparalleled party unity. This is shamelessness writ large – across a whole political party following its leader: “…suspending their judgment, and suspending their principles and convictions, and turning themselves into a cult of personality.”

Taking a step back

Donald Trump has been a remarkable (and I would venture, consequential) president. Trump and the Trump presidency have generated much debate, including the disagreement about whether or not Trump is a weak or a strong president. Let’s review:

● Donald Trump has an historically unique set of strengths: 90% approval from Republican voters and the willingness – and ability – to punish Republicans (who dare venture criticism of the President) in primary elections. This has served to instill fear among Republicans in the House and the Senate, silencing dissent or criticism, and giving Trump immunity from bipartisan resistance to foolish, reckless actions. I regard this – especially within the context of the conventions of mainstream journalism – to be highly consequential.

● This could have only happened with a Republican president. Reflect on a single off-the-rails incident, the Helsinki summit conference, and consider a counterfactual. What political repercussions would have ensued, had Barack Obama sided with Vladimir Putin and against the U.S. Director of National Intelligence? This almost certainly would have split the Democratic Party in two. Many Democrats, concerned with national security and aware of Putin’s hostility to democracy, would have been unwilling to rally round the president.

Now consider that Helsinki was not a single off-the-rails incident. We’ve had many such incidents. And Trump’s conduct has become more deviant over time. Nonetheless, the GOP “has never been so united.”

● But this phenomenon is not just a function of the distinct character of the Republican Party in the highly polarized era of the Tea Party and Fox News Channel. Trump’s weaknesses – impulsive angry tweets, narcissistic sensitivity to criticism, and indiscriminate vindictiveness – have solidified his hold on the Republican Party. Trump’s unbridled lack of restraint has served to build that fear among Republicans and fortify maximal party unity.

Trump’s irrational, impulsive, narcissistic behavior has – in this regard – worked for him. None of Trump’s 2016 competitors for the party’s nomination could have expected to be as feared as Trump, or to have silenced criticism so effectively, since none of them would be at all likely to behave in ways that Trump by all appearances is compelled to do.

Jonathan Bernstein and Matt Glassman, two prominent and consistent adherents of the Neustadt thesis, have argued that (apart from the tax bill) Trump has no legislative accomplishments. Republicans in Congress, in their view, aren’t afraid to buck Trump about issues where they disagree with the President. Glassman writes, “… GOP legislative power mostly lies in Congress right now. Republican leaders have almost completely ignored the policy priorities of President Trump.” Far from being dominated by Trump, on this view, Congressional Republicans control the agenda.

My reply: Yes, but only on issues that are of negligible concern to Trump. What matters to Trump are perceived slights, petty resentments, and personal payback. Seeing Mark Sanford go down matters. Trump has a short attention span and a meager interest in public policy. (Glassman makes this point as well.) The policy prescriptions Trump mentions – whether a payroll tax cut or an infrastructure bill or anything else – are idle chatter. Mitch McConnell and other Republicans understand this. Thus, they can control the (insignificant) legislative agenda (at least in the Senate).

As Bernstein has explained (“The Post-Policy Republicans Seized Control Long Ago”), Republicans have no interest in governing. Powerful people in the Republican Party – from the crew at FNC, to Rush Limbaugh et al. on talk radio, to the House Freedom Caucus – are focused on fanning the flames of resentment among the base, and decapitating leaders who aren’t on board with that, not on creating a governing agenda.

In Bernstein’s words (regarding GOP fears that the party’s angry base could wreak havoc on Republicans’ electoral prospects): “The hallmark of all this dysfunction is a political party that is rarely interested in, and increasingly unable, to articulate and enact public policy — a post-policy Republican Party.” (That’s why, for instance, after campaigning in 2010, 2012, 2014, and 2016 on the promise to repeal and replace Obamacare, Republicans never bothered to craft a replacement.) Trump’s indifference to legislation matches his party’s.

● Furthermore, Trump gets his way even when he loses legislatively. Consider the wall, perhaps Trump’s premier campaign issue in 2016. I’ll grant that a ‘stronger’ president could have found a way to get Congress to fund it. It would have required negotiating with Democrats and a willingness to accept a legislative compromise. This was beyond Trump’s capacity.

But then what happened? Trump defied Congress and carried the day. In February 2019, Trump declared a national emergency and moved billions of dollars of military funding to construction of the wall. In July 2019, the five Republican men on the Supreme Court backed him up. In January 2020, Trump moved billions more – for a total of $18.4 billion – toward construction of his wall.

Trump won on his own terms. It was an ugly, drawn-out spectacle, but that might have won him points with his base. This president got what he wanted. Congressional Republicans acquiesced, rather than offering principled objections, jealously safeguarding Congressional prerogatives (contrary to the expectations of the Founders) or opposing presidential overreach.  

● Legislation aside, both Glassman and Bernstein insist that Senate Republicans, not Trump have the upper hand. Glassman has argued, “Senate Republicans—if they cared—could *still* demand Trump clean house in WH, install a real CoS, and start running administration in a modestly non-corrupt manner. Yes, they have a collection action problem and face some individual risk, but they have plenty of leverage, too.” Bernstein has argued:

At one point, Trump echoed civil-rights era reactionaries by threatening “when the looting starts, the shooting starts” only to back down when Republicans urged him to. That is, even when all Trump has is words, he’s easily rolled by his own allies. (They’re not willing to remove him from office, partly because they know how easy he is to defeat any time they want to.)

I disagree with both judgments. I believe that Trump is leading the Republican Party and McConnell (and other Republicans) are trailing in his wake. At this stage, it is fantasy to think that a significant handful of Senate Republicans would “demand that Trump clean house.” Not in the real world with 90% of the base backing him. And not the least because no rational Senator has reason to suppose that anything Senators could ‘demand’ could possibly put Trump’s White House on track. When Generals Kelly and Mattis and other ‘adults in the room’ surrounded Trump, things were less erratic. But no one, at this stage, is going to make Trump go back to those days. The men surrounding Trump now would push back as fiercely as Trump himself.

And, while I agree that we can make a case in some contexts that Trump “is easily rolled by his own allies,” it is only in some contexts. In this case, Trump has seen (what he has regarded as) his ticket to reelection (the good economy and rising stock market) disappear and has seen Biden leading in virtually every poll in the past year, with his lead increasing as we approach the election. Trump, who has a small bag of tricks, is in desperate straits. He is willing to listen occasionally, though not consistently. He will be beating the law and order drum – with demands for domination and violence on city streets again and again between now and November. His allies have won a news cycle at most. Trump is in charge. He dominates a Republican Party that might be better off without him, but the best evidence of the past three years is that Republicans can’t slip out of his grip.

So, is Trump a strong president?

No, he’s not. Here’s why: While Trump has unprecedented control of his party, and benefits from the consequences of that control, a solitary asset isn’t enough of a counterweight to Trump’s many glaring weaknesses. Trump is a poor strategist, a poor negotiator, and a poor manager. He is so obsessed with himself that he is compelled to do and say things every day that aren’t in the least helpful to a president. Wishful thinking, not planning, is the order of the day. Trump’s absolute failure to take command of the federal government to defeat the coronavirus is a case in point; instead he has imagined it magically going away. And, as the public health disaster continues to unfold, his hope for an economic rebound in the midst of the pandemic, is risible. He doesn’t have a plan. Not for the virus, not for the economy.

Not a day goes by when Trump’s weaknesses are not on full display. Steve Schmidt, speaking colloquially, rather than as a scholar, has said, “this is a moment of unparalleled national humiliation. Of weakness. When you listen to the President, these are the musings of an imbecile, an idiot.” The evidence for this view – whatever nouns and adjectives we choose – is overwhelming.

While Neustadt was in no position to evaluate Trump’s unique strength, we are. And the balance still tilts toward weak.

Dan Drezner has written, “If Neustadt is correct in his view that the chief power of the presidency is the ability to persuade, then Donald Trump has been a weak, ineffectual president.” Then, after reviewing the extensive damage Trump has done in three years, Drezner offers an assessment with reference to the Imperial Presidency. Drezner writes that

constraints on the presidency have been severely eroded in recent decades, enabling even a comparatively weak leader to be a powerful president. Trump assumed the office at the zenith of its power, and his willingness to flout norms has empowered the office even further. For half a century, Trump’s predecessors have expanded the powers of the presidency at the expense of countervailing institutions. Trump himself has attempted massive executive branch power grabs, but the underlying trends eroding formal and informal constraints on the president long predate his inauguration. They make the existence of a president with Trump’s peculiar psychology far more worrisome now than it would have been even amid the heightened tensions of the Cold War. Crudely put, Trump is a weak man who occupies a powerful office, and the power of the office demands that greater attention be paid to Trump’s unique psychology.

This matches Nancy Pelosi’s critique of the President. She takes for granted the power of the office and the capacity of a president to lead the nation, but regards Donald Trump as a weak man. In an April 14 press release, the Speaker takes Trump to task for his “incompetent reaction” to the pandemic: he dismantled the infrastructure to overcome a pandemic, ignored warnings, dithered instead of acting to prevent the death and disaster that ensued, failed to provide for testing, masks and PPE, and told his followers that the pandemic was a hoax that would magically disappear.  Describing Trump’s flight from responsibility, she says: “a weak person, a poor leader, takes no responsibility.  A weak person blames others.”

No walk through the park — no matter that only he can lead it — can change the fact that a weak man occupies the Oval Office.

[Post revised for clarity.]

Attorney General Barr is all-in with the Trump/GOP strategy of flooding the zone with shit

From this morning’s New York Times (“William Barr’s State of Emergency”), an interview with the Attorney General of the United States:

Mail-in ballots are another domain where Trump had been staking out turf. He called the distribution of ballot applications in Michigan “illegal” and warned that voting by mail “doesn’t work out well for Republicans.” In a second interview on May 20, when I asked who was going to referee the 2020 election, Barr replied, “The voters.” He said his department’s role would be limited, as the power belongs to the states and their electors. But when I brought up Trump’s tweet about Michigan, which he posted that same morning, Barr quickly seized the opportunity to float a new theory: that foreign governments might conspire to mail in fake ballots.

“I haven’t looked into that,” he cautioned, offering no evidence to substantiate that this was a real possibility. But he called it “one of the issues that I’m real worried about,” and added: “We’ve been talking about how, in terms of foreign influence, there are a number of foreign countries that could easily make counterfeit ballots, put names on them, send them in. And it’d be very hard to sort out what’s happening.” 

Let’s be clear: Bill Barr is neither “an imbecile,” nor “an idiot” (Steve Schmidt’s assessment of Donald Trump). He is an astute political operative who knows precisely what he is doing. From the moment he succeeded Jeff Sessions, he has been all-in with Trump. All-in with Fox News Channel, Limbaugh, Breitbart, and every other star in the conservative media universe. He is (as Jay Rosen aptly characterized the White House strategy to dodge accountability at all costs) “flooding the zone with shit.”

(Image: Nice Shot – A Blow for Liberty by Bill Bramhall. )

Memo that Justice Department suppressed places Bill Barr at center of Trump’s shakedown

Now I had a chance to review in detail the notes of the call between the President of the United States and the President of Ukraine, as well as the legal opinion drafted by the Department of Justice in an effort to prevent the whistleblower complaint from coming to our committee. And I have to say that I’m shocked by both.

The notes of the call reflect a conversation far more damning than I or many others had imagined. It is shocking at another level that the White House would release these notes and felt that somehow this would help the President’s case or cause. Because what those notes reflect is a classic mafia-like shakedown of a foreign leader.

They reflect a Ukrainian president who was desperate for U.S. support – for military support to help that country in a hot war with Putin’s Russia. A country that is still occupied by irregular Russian forces and in which people face a very dangerous and continuing and destabilizing action by their aggressive neighbor. And at the same time a President of the United States who, immediately after Ukraine’s president expresses the need for further weapons, tells the Ukraine president that he has a favor to ask.

The President communicates to his Ukrainian counterpart that the United States has done a lot for Ukraine. We’ve done an awful lot for Ukraine. More than the Europeans or anyone else has done for Ukraine. But there’s not much reciprocity here.

This is how a mafia boss talks. ‘What have you done for us? We’ve done so much for you. But there’s not much reciprocity. I have a favor I want to ask you.’

And what is that favor? Of course the favor is to investigate his political rival, to investigate the Bidens.

And it’s clear that the Ukraine president understands exactly what is expected of him. And is making every effort to mollify the President.  

What adds another layer of depravity to this conversation is the fact the President of the United States then invokes the Attorney General of the United States as well as his personal lawyer as emissaries. In the case of the Attorney General , as an official head of a U.S. department, the Department of Justice, that he says will be part and parcel of this.

Now I know that the Attorney General is denying involvement in this. But nonetheless you can see why the Department of Justice would want this transcript never to see the light of day. You can see why they have worked so hard to deprive our committee of the whistleblower complaint. And in fact the opinion by the justice department is startling in its own regard because in that opinion the Department of Justice advances the absurd claim that the Director of National Intelligence has no responsibility over efforts to prevent foreign interference in our elections.

Well, that will come as news – at least it should – to the Director of National Intelligence, who is charged, among other things, with detecting foreign interference in our elections and with reporting to Congress about foreign interference in our elections. But it is apparently the view of this justice department that the Director has no jurisdiction in this area. — Congressman Adam Schiff, Chairman of the House Select Committee on Intelligence

Two responses to the memorandum on President Trump’s call with President Zelensky

“Just so you understand, it’s the greatest witch hunt in American history, probably history, but in American history. It’s a disgraceful thing. The letter was a great letter, meaning the letter revealing the call. That was done at the insistence of myself and other people that read it. It was a friendly letter. There was no pressure. The way you had that built up, that call that was going to be the call from hell. It turned out to be a nothing call other than a lot of people said, ‘I never knew you could be so nice.’” Donald Trump

“The transcript of the call reads like a classic mob shakedown:
–        We do a lot for Ukraine
–        There’s not much reciprocity
–        I have a favor to ask
–        Investigate my opponent
–        My people will be in touch
Nice country you got there.
It would be a shame if something happened to her.”
Adam Schiff

Judge for yourself.

Adam Schiff: Bill Barr is the second most dangerous man in the country

“But I do want to, before we move on from the subject of Barr and contempt, talk about, I think, the most grave concern about Bill Barr. And that is, during his Senate testimony, he opined that the president could have made the Mueller investigation go away any time he wanted because he thought it was unfair. That’s his view of the unitary executive.

Under that view a president is truly above the law. Because what president would not think an investigation against him or her was unfair? It also means that the president can make go away any of the investigations that were farmed out to any of the other elements of the Department of Justice. And, because they are stonewalling us on just about everything, it also means that we might not know – unless whistleblowers step forward – whether Bill Barr is abusing his authority even beyond the fundamental abuse by trying to exonerate the president on obstruction of justice.

And so we find ourselves, I think, for the first time with an attorney general who really is the president’s defense lawyer and spokesperson. And who’s quite good at it. And has the veneer of respectability to camouflage what he’s doing. He is not the sophist that Giuliani is. He’s much more dangerous. And I think he’s the second most dangerous man in the country for that reason.

When you listen to his interviews and you listen to the way he dissembles—when he was asked, even on Fox News, about, well, Didn’t Don McGahn call for Mueller to be fired? His answer was, No, he called for him to be removed, as if that’s a distinction that really makes a difference here. When he was asked, Well, you said that the president fully cooperated, but the president wouldn’t even sit down for an interview. No, no, I said the White House fully cooperated.

When you have an attorney general willing to dissemble that way. When you have an attorney general—and I hesitate to use the word, but there’s no other word that seems to apply here—that lies to Congress as he did when Charlie Christ asked him about whether he was aware of these revelations that had been reported about the Mueller team, and he said that he was not. That’s a very dangerous situation.

And as someone who came out of that department—I spent six years with the Justice department. I venerate the department. To think that it is being led by someone this way—you know, it breaks my heart for the department, but it’s profoundly concerning for the country.” – Congressman Adam Schiff on Attorney General Bill Barr, Council on Foreign Relations, June 4, 2019

Ryan Goodman, at Just Security, provides a side by side comparison of Barr’s and Mueller’s statements about the Special Counsel Report. Goodman comments:

“Whether or not Mueller was intentionally trying to correct the record, the differences between what he and Barr said are, in many cases, stark. Some of the differences involve near complete contradictions—in other words Mueller’s statement and Barr’s statements cannot both be true. Other differences are more a matter of emphasis or tone (e.g., references to the threat posed by the Russian operations, descriptions of the qualities of the special counsel staff).

The special counsel’s Report also contradicts some of Barr’s statements (such as his claim that the Report found no evidence of “collusion,” his suggestion that difficult issues of law and fact stopped the special counsel from concluding the president engaged in criminal obstruction, his claim that the President cooperate fully with the investigation). The following analysis, however, does not include the Report. Instead, it focuses only on Mueller’s public statement and how it compares to statements made by Barr between March 22 (the date that the special counsel handed his final report to the attorney general) and May 29 (the date of Mueller’s statement). This includes statements made by Barr in his 4-page summary submitted to Congress, a formal press briefing, and three congressional hearings, but it does not include Barr’s interviews with Fox News and the Wall Street Journal.”

Good grief. Bill Barr can hardly sink any deeper into the tank for this president

“I think one of the ironies today is that people are saying that it’s President Trump that’s shredding our institutions. I really see no evidence of that, it is hard, and I really haven’t seen bill of particulars as to how that’s being done. From my perspective the idea of resisting a democratically elected president and basically throwing everything at him and you know, really changing the norms on the grounds that we have to stop this president, that is where the shredding of our norms and our institutions is occurring.”Attorney General Barr on “CBS This Morning”

For a bill of particulars, of course, we need look no further than the Mueller Report (as if we needed that report as evidence of Trump’s off the rails behavior). And, in the world according to Barr, it’s the opponents of the President who are shredding norms.

The Attorney General’s interview with CBS, following Bob Mueller’s brief public statement earlier in the week, continues his ongoing misrepresentation, obfuscation, and validation of baseless conspiracy theories to subvert the rule of law, undermine our law enforcement and intelligence agencies, and shore up Trump’s political position.

(Full disclosure: the first two words of the headline were inspired by Barr’s hapless mien, reminiscent – to the editor – of Charlie Brown.)

Congressman Justin Amash – the exception that proves the rule

Congressman Justin Amash (R-MI) has read and recognized the significance of the Mueller Report. Then he has spoken truthfully about it. Because of the ‘R’ next to his name, this is remarkable: an impressive exception, though it seems unlikely to change much of anything.*

Here are my principal conclusions:

  1. Attorney General Barr has deliberately misrepresented Mueller’s report.

  2. President Trump has engaged in impeachable conduct.

  3. Partisanship has eroded our system of checks and balances.

  4. Few members of Congress have read the report.

*Update: Mitt Romney, the Republican Senator (from a Red state that is not all-in with Trump) who has been most critical of Trump, has weighed in on Amash’s comments:

“My own view is that Justin Amash has reached a different conclusion than I have. I respect him. I think it’s a courageous statement, but …” . . .

“As I read the report, I was troubled by it, was very disappointed for a number of reasons. But it did not suggest to me that it was time to call for impeachment. . . .

… I think a number of things that were done were really, really troubling and unfortunate and distressing. Clearly the number of times that there were items of dishonesty, misleading the American public and the media – those are things that really you would not want to see from the highest office in the land. . . .

I don’t think impeachment is the right way to go.”

(Image from the Congressman’s Twitter page.)

Attorney General Barr’s disinformation campaign: the definitive assessment

Quote of the day from Benjamin Wittes, Editor in Chief of Lawfare, who reviews the Attorney General’s wrenching mischaracterizations to protect the President from March 24, when Barr sent his first letter to Congress, to yesterday’s testimony before the Senate Judiciary Committee:

Barr did not lie in any of these statements. He did not, as some people insist, commit perjury. I haven’t found a sentence he has written or said that cannot be defended as truthful on its own terms, if only in some literal sense. But it is possible to mislead without lying. One can be dishonest before Congress without perjury. And one can convey sweeping untruths without substantial factual misstatement. This is what Barr has been doing since that first letter. And it is utterly beneath the United States Department of Justice.

Wittes, who after initially granting Barr the benefit the doubt has concluded that his actions regarding the Mueller report have been catastrophic, analyzes “seven different layers of substantive misrepresentation, layers which build on one another into a dramatic rewriting of the president’s conduct—and of Mueller’s findings about the president’s conduct. It is worth unpacking and disentangling these misrepresentations, because each is mischievous on its own, but together they operate as a disinformation campaign being run by the senior leadership of the Justice Department.” (“The Catastrophic Performance of Bill Barr,” Benjamin Wittes, The Atlantic, May 2, 2019)

Years ago I recall hearing an expression, which was attributed to the speaker’s mother: ‘You can tell a lie with what you say and you can tell a lie with what you don’t say.’ Bill Barr, clever lawyer and ruthless political operative, has mastered the latter technique (albeit not altogether convincingly). I regard Benjamin Wittes’ analysis (as of this morning) as the definite assessment of Barr’s disinformation methodology vis-à-vis the Mueller report. I highly recommend spending a few minutes to read it. A couple of brief quotations hardly do the essay justice.

I’ll offer one more quote, where Wittes offers a link to another assessment (also worth a read):

The dishonesty only begins with the laughably selective quotation of Mueller’s report in Barr’s original letter, the scope of which Charlie Savage laid out in a remarkable New York Times article shortly after the full report was released. I urge people to look at Savage’s side-by-side quotations. The distortion of Mueller’s meaning across a range of areas is not subtle, and it’s not hard to understand why Mueller himself wrote to Barr saying that the attorney general’s letter “did not fully capture the context, nature, and substance of this Office’s work and conclusions.”

(Image: Pinocchio via wikipedia.)


Attorney General continues his coverup by dictating Terms of oversight to Congress

Quote of the day from House Judiciary Committee Chairman Jerry Nadler:

“The witness is not going to tell the committee how to conduct its hearing, period.”

That was in response to the latest from the A.G., who is scheduled to appear before the Judiciary Committee this week. Barr says he’ll refuse to appear if a staff member is allowed to question him.

“Nadler, wants to allow all members of his panel at Thursday’s hearing to have one round of questioning of five minutes each, according to the source. He also wants to allow for a subsequent round of questioning of 30 minutes for each side, allowing both parties’ committee counsels to also engage in questioning during their respective turns — which has turned into a key sticking point for the Justice Department.”

“This is part of this massive resistance by the Trump administration,” Norman J. Ornstein, an expert on Congress at the American Enterprise Institute, said Sunday. “It’s basically a middle finger to Congress and its powers, and we’re going to see what Congress does about it.”

William Barr is first and foremost a tribal chieftain of the GOP

A post in two parts on William Barr’s shenanigans regarding the Mueller Report. [April 20 update: I’ve added a third part.]

  1. What did Barr do?

In William Barr’s notorious 4-page summary, he quotes from the Mueller report: “[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.” The complete sentence (Mueller Report, Introduction to Volume I, pp. 1-2) reads:

Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.

From his summary letter on March 24, through his “spying” testimony before Congress last week, to his news conference an hour or so before releasing his redacted version of the Mueller report – Bill Barr’s intent to mislead and distract has been abundantly clear.

No fewer than five times in his news conference he says some variation of this: “In other words, there was no evidence of Trump campaign ‘collusion’ with the Russian government’s hacking.

Those ‘other words,’ of course are a familiar Donald Trump refrain. Never mind that collusion – outside of anti-trust law – is not a legal concept Barr learned at the George Washington University Law School, or during his tenure as U.S. Attorney General, or anytime or anyplace else during his decades-long legal career in either government or private practice. It is a Trump talking point.

The Mueller Report, in contrast, clearly explains that “collusion” is not a federal crime and thus was not addressed at all in the investigation (Introduction to Volume I, p. 2):

In evaluating whether evidence about collective action of multiple individuals constituted a crime, we applied the framework of conspiracy law, not the concept of “collusion.” In so doing, the Office recognized that the word “collud[ e]” was used in communications with the Acting Attorney General confirming certain aspects of the investigation’s scope and that the term has frequently been invoked in public reporting about the investigation. But collusion is not a specific offense or theory of liability found in the United States Code, nor is it a term of art in federal criminal law. For those reasons, the Office’s focus in analyzing questions of joint criminal liability was on conspiracy as defined in federal law.

Barr’s references to collusion include this statement from his news conference, which seeks to undermine the basis for the investigation and minimize Trump’s attempts to obstruct it with excuses about the President’s unsettled emotional state. Said Barr:

In assessing the President’s actions discussed in the report, it is important to bear in mind the context. President Trump faced an unprecedented situation. As he entered into office, and sought to perform his responsibilities as President, federal agents and prosecutors were scrutinizing his conduct before and after taking office, and the conduct of some of his associates. At the same time, there was relentless speculation in the news media about the President’s personal culpability. Yet, as he said from the beginning, there was in fact no collusion. And as the Special Counsel’s report acknowledges, there is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks. Nonetheless, the White House fully cooperated with the Special Counsel’s investigation, providing unfettered access to campaign and White House documents, directing senior aides to testify freely, and asserting no privilege claims. And at the same time, the President took no act that in fact deprived the Special Counsel of the documents and witnesses necessary to complete his investigation. Apart from whether the acts were obstructive, this evidence of non-corrupt motives weighs heavily against any allegation that the President had a corrupt intent to obstruct the investigation.


Barr throws up so much chaff here, it is hard to see or breathe. Yes, Trump was in “an unprecedented situation,” having won election with the aggressive covert assistance of the Russian government. “The Russian government interfered in the 2016 presidential election in sweeping and systemic fashion.” (Introduction to Volume I, p. 1)

Yes, “federal agents and prosecutors were scrutinizing his conduct” with sufficient evidence of a national security threat to obtain a FISA warrant. Yes, there was “relentless speculation … about the President’s personal culpability,” based in great measure on the conduct in plain sight of Trump personally, and of Trump’s campaign and associates – and of their misdirection and lies to cover up their culpability. No, it is not a fact that “there was in fact no collusion.” And, grant that “the President was frustrated and angered,” does that earn him a pass on bad conduct?

Mueller’s report adds to abundant public evidence of Trump’s capacity for lying, which calls into question why we should be moved by references to the man’s “sincere belief.” While Barr’s assertion that “the White House fully cooperated with the Special Counsel’s investigation,” is belied by the President’s refusal to sit down for an interview with the Special Counsel or to answer even in writing questions about obstruction of justice.

If the President “took no act in fact” that thwarted the investigation, it was not for lack of trying. For example, after firing Comey and learning learning that an obstruction-of-justice investigation into his own conduct had begun, Trump “attempted to remove the Special Counsel; he sought to have Attorney General Sessions unrecuse himself and limit the investigation; he sought to prevent public disclosure of information about the June 9, 2016 meeting between the Russians and campaign officials; and he used public forums to attack potential witnesses who might offer adverse information and to praise witnesses who declined to cooperate with the government.” (Volume II, II. Factual Results Of The Obstruction Investigation, L. Overarching Factual Issues, 2.b., p. 158)

Finally, “Apart from whether the acts were obstructive, this evidence of non-corrupt motives weighs heavily against any allegation that the President had a corrupt intent to obstruct the investigation.” I’ll note, simply, that the Mueller Report has page after page of evidence of corrupt intent – and obstructive actions by the President of the United States.

2. What’s the point?

In my March 27 post, I suggested that Barr’s 4-page letter was designed to lock-in a false narrative prior to releasing the (redacted) Mueller report. The letter led to several days of reporting that Mueller had found no collusion, nor convincing evidence of obstruction. Barr’s news conference – an hour or so before release of the report – kept up the charade. Why bother, especially only an hour or two before folks could see for themselves that Barr was again spinning furiously?

Certainly Barr (as with many Trump associates inside and outside of government) knows how to play to an audience of one on TV. But far more significant to Barr was a much wider audience. Barr is acting as a prominent leader of the Republican Party (that is to say, his Tribe). He is signaling to Trump defenders – wherever they may be – that, regardless of how solid or extensive the evidence of corruption, instability, and wrongdoing is, the party line is unchanged: this was a witch hunt, his enemies spied on the president, they’ll use any means necessary to bring him down, and Trump defenders must continue to push back.

From Fox News Channel to Mitch McConnell to GOP Congressional backbenchers to the grassroots: Barr has a loud, proud message. He has stayed on message consistently, regardless of the logic or the facts. He has endured criticism and a diminishing reputation. So be it.

William Barr is demonstrating the remorseless tribal politics of the Republican Party circa 2019.

3. Barr as “Coverup-General” in the George H.W. Bush administration.

This just came to my attention, though it is hardly news, since it took place when Bill Barr served as A.G. the first time (1991-1993), under George H.W. Bush: he has a history of covering up for Republican presidents and cabinet members.

Noah Feldman at Bloomberg reviewed this history in January: “The most significant single act of Barr’s career in the Department of Justice was to advise President George H.W. Bush to pardon six officials from Ronald Reagan’s administration, including Secretary of Defense Caspar Weinberger, for crimes associated with the Iran-Contra affair. At the time, Barr was — you guessed it — attorney general. His recommendation gave Bush the cover he needed to issue the pardons.”

Even before this episode, which garnered a banner page one headline in the New York Times, William Safire had dubbed Barr “the Coverup-General” (while the headline mocked him as The Patsy Prosecutor) for his role in resisting appointment of an independent counsel in yet another Bush administration scandal.

So, insofar as Barr has damaged his reputation (as I suggested above), it may be only because folks have poor memories that Barr’s reputation was not in tatters even before his shenanigans regarding Robert Mueller’s report. Certainly this history puts things in perspective.

(NPR and Slate also reported on this history earlier this year.)