Sunday, April 7, 2019

FOCUS: Jeffrey Toobin | William Barr's Choices





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FOCUS: Jeffrey Toobin | William Barr's Choices 
William Barr. (photo: Saul Loeb/Getty Images)
Jeffrey Toobin, The New Yorker 

EXCERPT: 
Under the Department of Justice regulation that sets the rules for the release of a Special Counsel’s report, the Attorney General is supposed to consider the “interests of the public in being informed of and understanding the reasons for the actions of the Special Counsel.” But Barr erected a quasi-legal structure that gives him enormous leeway to censor much of the Mueller report. According to a letter he sent to congressional leaders, Barr established four categories that were off limits for public disclosure. They are: “Material subject to Federal Rule of Criminal Procedure 6(e) that by law cannot be made public”—that is, matters subject to grand-jury secrecy; classified information; matters relating to other pending investigations; and, finally, “information that would unduly infringe on the personal privacy and reputational interests of peripheral third parties.”

In June of 2018, while he was still a private citizen, Barr, of his own accord, wrote a nineteen-page memo to senior officials of the Justice Department asserting that, in light of the President’s inherent constitutional powers, Trump could not have obstructed justice. This memo probably played no small part in Trump’s decision to choose Barr in the first place. Barr has now turned his outsider’s judgment (which is likely wrong on the merits) into an official vindication of his new boss. In all, Barr has taken every possible step to lessen the sting of the Mueller report—and, so far, to block it from view altogether. Senator Moynihan was educated not only in the halls of academe but in the streets of New York, and he might well have reached an earthy conclusion about this Attorney General and his President: the fix is in.

Toobin writes: "When President Trump nominated William P. Barr to be Attorney General, late last year, it was clear that one of his principal responsibilities would be to determine how much of the forthcoming report from Robert Mueller, the Special Counsel, would be disclosed to the public. At each stage in the process, Barr has narrowed the range of information that he says he will allow the public to see."
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