No surprise
Attorney General Barr’s decision to overrule prosecutors who had asked for a 7-9 year sentence for one of President Trump’s cronies should be no surprise. Barr is a vigorous advocate of a unitary executive, which means he believes the President has complete authority over the entire executive branch and can do as he likes
The President Barr serves is someone who likes to protect his friends and supporters, regardless of their legal infractions. He has pardoned an Arizona sheriff convicted of criminal contempt of court and racial profiling as well as a Special Forces officer convicted of a war crime. He is packing the Federal courts with unqualified toadies. What more do you need to know about President Trump’s respect for the rule of law?
The much-vaunted “independence” of the Justice Department is a tradition, not of particularly long standing. Deference to professional prosecutors has proven politically advantageous to many presidents. It relieves them of the burden of deciding controversial issues and enables them to stay above the fray.
Trump however knows that independent institutions will not put up with his multitudinous lies. He cannot afford to let professionals make decisions that put his friends in prison. They might turn against him.
He prefers to enter the fray and frighten the government’s professionals into submission. An FBI director who won’t agree to protect the President? Fire him. A whistle blower in the National Security Council? Out him. An ambassador in Kiev who is not subservient? Fire her. A much-decorated military officer and another ambassador who testify in Congress when subpoenaed? Punish the former and fire the latter. Intelligence analysts who fail to support the President’s views? Deny their unanimous conclusions about Russian interference in the 2016 US election and praise President Putin’s denials.
The objective here is clear: it is 100% control over the entire executive from top to bottom. That can’t be achieved if there are people who can make decisions independently. So purges are necessary, not just to punish but also to warn those who remain in place that toeing the line is not optional. For every professional fired, many more are intimidated.
The people Trump targets will not be assassinated or even jailed. But they will live the rest of their lives fending off threats from the President’s over-zealous supporters, who can rely on not being prosecuted so long as Trump holds office. Some of the professionals will get book contracts, but most will suffer dramatic declines in income and difficulty finding jobs. The three prosecutors who resigned yesterday to protest the Attorney General’s decision to reverse their recommendation on sentencing will not be getting good assignments at Justice. They’ll likely all soon join the one who quit.
None of this will be apparent to people who get their news on Fox, which will portray the President as the victim of secret cabals, the “deep state,” plotting to unseat him. The Republicans in Congress know what the President is doing is wrong and would vigorously object if he were a Democrat. But their concerns about being “primaried” (challenged in Republican primaries this year) or dissed by the President outweigh their sense of decency. Senator Mitt Romney and Congressman Justin Amash stand alone in protesting Trump’s abuse of power. There is no sign anyone else will join them.
The November 3 election will be judge and jury on President Trump’s claim of complete control over the executive branch and his efforts to protect himself and his friends from punishment for their criminal offenses. Bernie Sanders looks to be the front runner in the Democratic primaries so far, but these are early days. Super Tuesday March 3 will give us a much better indication of who is likely to carry the Democratic standard.
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