No, I’m not talking about impeaching President Trump. That is a knotty decision with excellent philosophical and legal arguments on one side and valid political and practical ones on the other.
No, I’m talking about the prime law enforcement officer of the United States, William Barr, the Attorney General. He lied to the American public and apparently committed perjury when testifying to Congress. These are crimes that call out for impeachment, unless Barr resigns immediately.
On April 10, Barr was asked in a Senate hearing whether Special Counsel Robert Mueller agreed with his summary of the results of Mueller’s investigation and his conclusions. Barr testified before the Senate that he didn’t know. That statement was not truthful. We now know that Mueller had written to Barr on March 27, three days after Barr had released his “summary,” that he did not agree with Barr’s conclusions. Mueller wrote to Barr that his memo “did not fully capture the context, nature and substance” of the probe and the Report.
Barr misrepresented both sections of the Mueller Report. In the second section, Mueller clearly documented 10 instances of Trump’s obstruction of justice. If anyone but the president had committed even one of these acts, (s)he would have been indicted. Mueller specifically said in the Report that he could not directly accuse the president of a crime because the Department of Justice has ruled that a sitting president cannot be indicted.
[W]e determined not to apply an approach that could potentially result in a judgment that the President committed crimes…. Fairness concerns counseled against potentially reaching that judgment when no charges can be brought.
“Accordingly,” Mueller wrote, “while this report does not conclude the President committed a crime, it also does not exonerate him.” In his four-page memo, Barr directly contradicted Mueller on that point, saying that Mueller had not been influenced in any way by that DOJ ruling. Even more significantly, Barr wrote that there was evidence both for and against obstruction in the Report, but he had determined that there was no obstruction, thus giving Trump the pretext to proclaim, falsely, again and again, “No collusion, no obstruction.”
Mueller also condemned the delayed release of the Report, which allowed the misinformation that Barr had propagated to marinate and solidify in the minds of the public. In his letter to Barr, Mueller complained that
There’s now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department of Justice appointed the Special Counsel, which is to assure full public confidence in the outcomes of the investigations.”
And by extension, to undermine public confidence in the Department of Justice itself and the rule of law.
The Russian connections with the Trump campaign are covered in the first section of the Report. Though there were many of these, Mueller was not able to prove conspiracy between the campaign and Russia. Collusion is not a legal term. Barr elided the distinction between collusion and conspiracy. He ignored the ongoing investigation of Roger Stone, who was trafficking in stolen documents with Wikileaks and the Russians. It’s possible Stone can’t be successfully prosecuted under the current statute, because our laws outdated: they don’t account for digital documents.
With his letter Mueller included redacted introductions and executive summaries from the Report that he and his staff had written for Barr to release to the public. Barr did no such thing. He had said publicly that he “was not interested” in releasing summaries of the Report, that he didn’t want to release it piecemeal.
Can there be any doubt that the Attorney General has violated the sacred trust placed in him by covering up the President’s crimes and deceiving the American public? William Barr cannot be trusted to oversee the remaining prosecutions (redacted) in the Mueller Report nor those that will arise from the corruption of Trump and his family.