Yeomans Work
Making Sense of Justice in the Trump Era
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Barr Delivers
It is generally understood that President Donald Trump picked William Barr to be attorney general because Barr had written a 19-page memo debunking Special Counsel Robert Mueller’s possible obstruction of justice case against Trump. Yesterday, Barr performed the function for which Trump selected him. Barr’s decision to override Mueller’s refusal to exonerate Trump of obstruction of justice in the Russia probe plunked a giant thumb on the scales of justice and gave Trump the political message he so desperately craved: no collusion and no obstruction – complete exoneration. As commentators lavished praise on our institutions for allowing the Mueller investigation to reach its conclusion, Barr reignited cynicism about the apolitical nature of law enforcement.
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Trump Stonewalls Congress
Democratic leaders, including Nancy Pelosi, have discouraged movement toward impeachment for now. Their rationale has been twofold: the House of Representatives’ time and energy would be better spent pursuing substantive legislation and, in any event, House committees will conduct oversight investigations that will shine devastating light on the operation of the Trump administration. Both rationales make sense for the short-term political benefits they yield, but, in the end, both blink at reality.
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Pelosi Did Not Kill Impeachment
Speaker of the House Nancy Pelosi ignited the chattering class this week by stating: “Impeachment is so divisive to the country that unless there’s something so compelling and overwhelming and bipartisan, I don’t think we should go down that path, because it divides the country. And he’s just not worth it.” Trump and his supporters were quick to read full exoneration into her comments. In reality, the statement should have no effect on the work of the House of Representatives. It means that impeachment makes no sense before we’ve seen what emerges from Mueller and the oversight work of the committees. At some point down the investigative road, the House will decide whether to begin formal impeachment proceedings.
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Civil Rights Division Practice Supports Release of Mueller’s Report
My former Department of Justice colleague, Barry Kowalski, and I have been dismayed by reports that Attorney General William Barr might rely on Justice Department practice to suppress the Mueller report. Barry handled some of the department’s most sensitive matters, including the prosecution of police officers who beat Rodney King and a reinvestigation of the assassination of Dr. Martin Luther King, Jr. We know from our combined 57 years in the Civil Rights Division (CRT) that the division’s practice provides all of the precedent Barr needs to release fully Mueller’s product. Here is our analysis.
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The Rookie
The opening of spring training signals the beginning of the peak months for Supreme Court action. This is the time for fans to indulge in predictions about the performance of newly acquired players and old stalwarts. On the Supreme Court, attention will focus on the performance of the rookie, Brett Kavanaugh, and the veteran Chief Justice Roberts.
