Pop quiz! Which of these men is currently behind bars? A) Michael
Flynn, who pleaded guilty over two years ago to lying to FBI agents in a
scheme to defraud the United States; B) Roger Stone, convicted four
months ago on obstruction, witness
tampering, and five counts of making false statements; C) Paul Manafort,
convicted on eight counts of tax evasion, bank fraud, and hiding
foreign bank accounts and pleaded guilty to charges of conspiracy
against the United States and witness tampering; D) Michael Cohen, who
pleaded guilty to five counts of tax evasion, one count of making
false statements, and two counts of illegal campaign contributions at
the request of a candidate? The answer, of course, is E) None of the
above.
Since William Barr became attorney general, he has withdrawn charges
against Flynn, reduced the sentencing for Stone, and both Cohen and
Manafort have been sprung from prison out of concerns over COVID-19.
(Oddly enough, there are people still in both of the prisons where
Manafort and Cohen were serving who didn’t get a pass to return
home when the pandemic hit.) Despite working together to corrupt an
election, conspire against the nation, suborn perjury, intimidate
witnesses, and walk away with millions, every one of Donald Trump’s boys
is comfortably Netflix-and-chillin’ at home. That’s what it means to
have the head of the so-called Justice Department willing to cut down
tradition, precedent, and U. S. attorneys to protect the boss.
It’s not absolutely certain that Stone and Flynn will avoid spending
some time on the other side of bars. Despite Barr’s best efforts, Judge
Emmet Sullivan seems likely to bounce Flynn’s case back to the full
Appeals Court for another go at forcing some kind of
consequences, though surely insufficient, for Flynn’s both lying to the
FBI and breaking a deal with the special investigator. Stone—who was
convicted back on February 20, but unaccountably had all the way until
June 30 to show up for his sentence—has now applied for the same
get-out-of-jail-because-COVID pass that Manafort and Cohen have already
received. It’s hard to believe he won’t get it. The odds that either of
the pair will ever need a genuine Trump pardon to avoid a day behind
bars is slim.
Meanwhile, the sentences for Manafort and Cohen have been commuted to
serving the remainder of their term under “house arrest.” So even if
the pandemic were to vanish as magically as Trump has claimed, neither
would have to put down their Scotch bottle or get off the couch—which in
Manafort’s case, is probably covered in the hide of something
endangered.
As The New York Times
reports, Barr’s attempts to interfere in these cases isn’t anything
new. From the moment he arrived in D.C., Trump’s incoming attorney
general began to undermine the case against Cohen, questioning why U. S.
attorneys had even bothered to investigate a case of extortion and
campaign fraud.
Even though Cohen had been convicted by the time Barr
was officially installed as AG, he still ordered up a memo listing
arguments with which the Justice Department could attack its own case
and own attorneys. The goal of that memo wasn’t just to free Cohen, but
to start building the groundwork for the prosecutions ahead—Stone and
Flynn. Barr deliberately turned the headquarters of the DOJ into a
machine that operated to destroy the cases of the U. S. attorneys
serving at offices across the nation.
Where previous attorney generals had recused themselves from
politically charged cases involving the man who put them in office, Barr
ran toward those cases. Under Barr, the priorities of the
Justice Department became a mirror of Trump’s priorities.
Trump wanted
conspiracy theories about Joe Biden and Hillary Clinton investigated, so
Barr created a special investigator and sent a team around the world,
traveling with them himself and several times trying to get foreign
governments to make statements that would undermine both U. S. agents
and U. S. intelligence in order to feed Trump’s Q-grade theories.
At home, Barr destroyed the results of the Mueller investigation,
dismissed the obvious findings of obstruction, and wrote Trump a clean
bill of health. Then he set out to assist in a purge of the FBI and rest
of the DOJ to ensure that Trump loyalists, and only Trump loyalists,
remained—even if that meant shoehorning totally inexperienced and
inappropriate figures into critical roles.
And it meant that Barr dove into cases directly involving Trump and
his associates. That meant not just leaning on U. S. attorneys to get
the results he wanted, it meant replacing those attorneys who failed to
play ball. Unprecedented is an overworked term when it comes to Barr,
but it’s often the only one that fits. The removal of sentencing
suggestions in the case of Roger Stone and the complete withdrawal of
the case against Michael Flynn despite a guilty plea, were genuinely
unprecedented events. Also terrifying when it comes to the rule of law.
Rather than attempting to limit the extent of politics within the
Justice Department, Barr has made it clear to everyone inside and
outside of the agency that he intends to make it more political.
U. S. attorneys who attempt to operate with impartiality are to be
“reined in” and reminded who is boss. Which is exactly what happened as
Barr ousted first Washington D. C. attorney Jessie Liu, then clumsily
bulled his way through removal of U. S. attorney for the Southern
District of New York, Geoffrey Berman.
Clearing that SDNY office, and moving to replace Berman with Jay
Clayton—a close friend of Barr’s who has never prosecuted a case of any
kind—doesn’t just punish Berman for his role in going after Trump
associates, it cuts off future threats to Trump. Whether it’s corporate
malfeasance, tax fraud, a fake university, using a charity as a personal
slush fund, or the antics of Rudy Giuliani, Trump is free from any
concern so long as the U. S. attorney in the Manhattan office is both
inexperienced and in his pocket.
Barr hasn’t just ignored the lines that supposedly exist between the
White House and the Justice Department, he has actively worked to
destroy even the impression that there should be such
boundaries. He has openly operated the DOJ as if it is Donald Trump’s
personal legal team and opposition research squad. Barr should be
impeached at a minimum. There is no magic umbrella above
Barr’s head, no tangled interpretation that says he can’t be disbarred,
charged, and convicted.
With all Trump’s pals wearing their cashmere slippers at home, there
are plenty of open jail cells. One of them should have Barr’s name on
it.