Arnon Grunberg

Attorneys

Buffer

On the separation of powers - Katie Benner, Sharon LaFraniere and Nicole Hong in NYT:

'“Thank God,” one lawyer said. “I was beginning to be really upset over the sentencing, but I really admire that he told Trump to shut up,” said another. A third wrote in a memo: “Barr was EXACTLY right.”

But others questioned Mr. Barr’s sincerity, saying he was already too closely aligned with Mr. Trump’s political priorities to accept his words at face value.

One described Mr. Barr’s timing as self-serving, saying that the president had attacked the department before but Mr. Barr spoke up only when he felt his own credibility was on the line. Another suggested that the best way for Mr. Barr to demonstrate his integrity would be to resign.

All spoke on the condition of anonymity because they were not authorized to speak to journalists, or for fear of job repercussions. A spokeswoman for Mr. Barr declined to comment.

The supervisor of one team of prosecutors questioned whether the Stone case portended a presidential crusade to use the department’s legal powers to damage his political enemies and help his friends. Is it “a one-off or a trend?” another supervisor in a different office asked.

Some former senior officials predicted that government lawyers, especially those with politically sensitive cases, would face new skepticism in court about the department’s motivations.
“I’m sure that some D.O.J. attorneys feel that judges are not going to look at them in the same way,” said Mary McCord, a former assistant attorney general for the department’s national security division. “And I’m sure there are judges who are going to wonder, ‘Can we credit what you say, or is D.O.J. going to come back tomorrow and say something different?’”

Generally, lawyers across the department’s vast legal apparatus said they were simply trying to ignore the political drama unfolding in Washington and concentrate on their own work.

In the capital, the Justice Department has been grappling with Mr. Trump’s tweets almost since he took office. Amazon is suing the government over its loss of a $10 billion defense contract, saying Mr. Trump’s tweets prove his animosity toward its owner, Jeff Bezos. A team of Justice Department lawyers moved to withdraw from a case over the addition of a citizenship question to the 2020 census after Mr. Trump blindsided them by declaring on Twitter that their assertions in court were “fake.”

Until last spring, the impact of Mr. Trump’s outbursts about criminal prosecutions were blunted somewhat by the fact that he largely aimed them at Mr. Mueller, whose stature with Congress and the public made it unlikely he would be fired.

Even then, Mr. Trump or his legal team hinted broadly at the prospect of pardons for some associates who faced criminal charges brought by the Mueller team. And Mr. Trump publicly praised one defendant, his former campaign chairman Paul Manafort, even as a federal jury deliberated whether to convict him on financial fraud charges.

But United States attorneys lack the political buffer that Mr. Mueller enjoyed. So Mr. Trump’s attacks on the career prosecutors in Mr. Stone’s case carry different weight.'

Read the article here.

Whether Mr. Barr is the right person to protect the rule of law appears to be doubtful, his opinions can be slightly unsound, but even Mr. Barr might rise to the occasion, even if it's to protect his own credibility.

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