Pierce writes: "No matter how you feel about El Caudillo Del Mar-a-Lago's gifts as an authoritarian, there's no mistaking the fact that, for his entire public career, William Barr has been the genuine article."
William Barr is the genuine article. (photo: Getty)
17 September 20
The attorney general let his freak flag fly this week, the culmination of a long career.
o matter how you feel about El Caudillo Del Mar-a-Lago's gifts as an authoritarian, there's no mistaking the fact that, for his entire public career, William Barr has been the genuine article. He really does believe that the Constitution bestows upon the president—even this burlesque of a president* that we have now—absolute power, or something close enough to it that still would allow the country to call itself a democratic republic without the rest of the world doing a spit-take you could hear on Mars. As a special prosecutor was closing in on President George H.W. Bush for the latter's involvement in the Iran-Contra scandal, Barr was the one who told Bush to pardon everyone except Shoeless Joe Jackson on his way out the door because a cover-up was well within the powers of the presidency as described in Article II. This was so egregious that even the late William Safire, who wrote speeches for Nixon, for pity's sake, called Barr the "Cover-Up General."
Now, though, because he's working for a president* who doesn't know anything about anything, and who is proud of that fact, Barr has the perfect vessel through whom to exercise all those theories of his that wear armbands when they go to work. There simply is nothing that this president* can do that Barr can't cloak in highfalutin' lawyer-speak, which the president* will repeat, because he doesn't know anything about anything. On Wednesday, though, Barr went out on his own and let his freak flag fly proudly in a Constitution Day speech at Hillsdale College. Quite simply, he went to war against the prosecutors in the Department of Justice that he purportedly leads.
The Justice Department is not a praetorian guard that watches over society impervious to the ebbs and flows of politics. It is an agency within the Executive Branch of a democratic republic — a form of government where the power of the state is ultimately reposed in the people acting through their elected president and elected representatives. The men and women who have ultimate authority in the Justice Department are thus the ones on whom our elected officials have conferred that responsibility — by presidential appointment and Senate confirmation. That blessing by the two political branches of government gives these officials democratic legitimacy that career officials simply do not possess. The same process that produces these officials also holds them accountable. The elected President can fire senior DOJ officials at will and the elected Congress can summon them to explain their decisions to the people’s representatives and to the public. And because these officials have the imprimatur of both the President and Congress, they also have the stature to resist these political pressures when necessary. They can take the heat for what the Justice Department does or doesn’t do. Line prosecutors, by contrast, are generally part of the permanent bureaucracy. They do not have the political legitimacy to be the public face of tough decisions and they lack the political buy-in necessary to publicly defend those decisions. Nor can the public and its representatives hold civil servants accountable in the same way as appointed officials. Indeed, the public’s only tool to hold the government accountable is an election — and the bureaucracy is neither elected nor easily replaced by those who are.
This is nothing less than the Attorney General of the United States cutting the legs out from under every federal prosecutor across the country. Moreover, in talking darkly about the "permanent bureaucracy," Barr is plowing headlong into Caputoland. Michael Caputo resigned his post at the Department of Health and Human Services on Wednesday because he'd gone bananas in a Facebook Live chat, yammering about "deep state" actors at the Centers for Disease Control. Here now comes William Barr saying pretty much the same thing about the career prosecutors under his nominal command, and arguing that only the Senate-confirmed officials at the top of the DOJ food chain have "democratic legitimacy"—in other words, only people like William Barr have the political credibility to resist political pressure.
By clear implication, Barr is defining the job of attorney general as a purely political post, an extension of the executive power of the president, a theory that has not worked out very well in practice over the past two or three Republican presidencies, and a theory that I will bet a buffalo nickel Barr would never apply to, say, Loretta Lynch. But it is a theory under which Barr can justify being this administration*'s primary manure spreader. For example, an AG has no business doing an interview in which he opines about what a big socialist Joe Biden is, which Barr did only this week. However, if Barr perceives his job as a political arm of the executive, then that is something he would feel free to do.
As far as putting these theories into practice, we only have to look in the New York Times to discover that Barr planned to bring the full weight of the Italian government of 1932 down on the United States of 2020.
The attorney general has also asked prosecutors in the Justice Department’s civil rights division to explore whether they could bring criminal charges against Mayor Jenny Durkan of Seattle for allowing some residents to establish a police-free protest zone near the city’s downtown for weeks this summer, according to two people briefed on those discussions. Late Wednesday, a department spokesman said that Mr. Barr did not direct the civil rights division to explore this idea. The directives are in keeping with Mr. Barr’s approach to prosecute crimes as aggressively as possible in cities where protests have given way to violence. But in suggesting possible prosecution of Ms. Durkan, a Democrat, Mr. Barr also took aim at an elected official whom President Trump has repeatedly attacked...“The power to execute and enforce the law is an executive function altogether,” Mr. Barr said in remarks at an event in suburban Washington celebrating the Constitution. “That means discretion is invested in the executive to determine when to exercise the prosecutorial power.”
Of course, Barr can legitimately sic the DOJ on the mayor of Seattle because Barr was confirmed by the Senate and, if the president* thinks he's gone too far, he can be removed through the political process. I see nothing that can possibly go wrong with this.
Or, we only have to pick up the Washington Post's story about the government's apparent desire to make a slaughter pen out of Lafayette Square so that the president* could walk across the street and hold up a Bible.
D.C. National Guard Maj. Adam D. DeMarco told lawmakers that defense officials were searching for crowd control technology deemed too unpredictable to use in war zones and had authorized the transfer of about 7,000 rounds of ammunition to the D.C. Armory as protests against police use of force and racial injustice roiled Washington. ...Just before noon on June 1, the Defense Department’s top military police officer in the Washington region sent an email to officers in the D.C. National Guard. It asked whether the unit had a Long Range Acoustic Device, also known as an LRAD, or a microwave-like weapon called the Active Denial System, which was designed by the military to make people feel like their skin is burning when in range of its invisible rays. The technology, also called a “heat ray,” was developed to disperse large crowds in the early 2000s but was shelved amid concerns about its effectiveness, safety and the ethics of using it on human beings.
Heat rays? Seven thousand rounds of live ammunition? Under an AG who hates the whole notion of federal prosecutors, largely because they inconvenienced the criminal-adjacent presidencies he has served? I'm sure there would be solid constitutional grounds of any ensuing bloodletting. William Barr means it. The sooner he's pried loose from his job, the better.
