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The Integrity of William Barr 

By: capt_nemo in POPE 5 | Recommend this post (1)
Thu, 17 Jan 19 11:07 AM | 63 view(s)
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His critics have focused on a 19-page legal memorandum he sent over the summer to Deputy Attorney General Rod Rosenstein questioning whether the special counsel, Robert Mueller, could investigate the president for violating criminal obstruction-of-justice laws. Democrats have demanded that if confirmed, Mr. Barr should recuse himself from overseeing the Mueller probe. But that response to Mr. Barr’s meticulous legal analysis is wildly overwrought.

A more dispassionate review of Mr. Barr’s memo shows that he was trying to prevent an unprecedented expansion of a federal criminal statute intended to prevent crimes such as destroying evidence, bribing prospective jurors, intimidating witnesses and the like. The memorandum expressly acknowledges that presidents, like other citizens, can run afoul of the criminal laws. But he questions whether a president can be investigated for actions that are expressly within his constitutional powers — such as firing an F.B.I. director. He is sounding a clear warning against prosecutorial overreach.

Mr - Mueller - Prosecutors - Architect - Theory
Indeed, one of Mr. Mueller’s senior prosecutors was a primary architect of a legal theory of obstruction that was unanimously rejected by the Supreme Court, a rebuff delivered only after the prosecution caused the collapse of a major accounting firm, Arthur Andersen. That example does not stand alone. In case after case, a wary — and frequently unanimous — Supreme Court has knocked down legal theories drummed up by well-meaning but overly zealous federal prosecutors.

The inherent danger of prosecutorial overreach, the Barr memorandum emphasized, is all the more acute when applied in the sensitive context of presidential power. Firing James Comey, the F.B.I. director, may have been wise or unwise, but it should not in conscience be stretched to accuse a sitting president of criminal conduct. Nor should the mere expression of hope that Mr. Comey would go easy on Mr. Trump’s embattled national security adviser, Michael Flynn, somehow...

http://www.msn.com/en-us/news/opinion/the-integrity-of-william-barr/ar-BBSkyWz?ocid=spartanntp#image=1




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Realist - Everybody in America is soft, and hates conflict. The cure for this, both in politics and social life, is the same -- hardihood. Give them raw truth.




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