Category: Authoritarian

Trump lashes out at Fox News coverage: ‘I won every one of my debates’

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President Trump on Thursday lashed out after a segment on Fox News’s “Your World with Cavuto,” in which RealClearPolitics associate editor A.B. Stoddard compared former New York City Mayor Mike Bloomberg’s debate performance to “cringe-worthy” moments Trump has had on the debate stage.

“There were many bombs,” Stoddard, a former associate editor at The Hill, said on Fox News, while analyzing Bloomberg’s debate performance.

“I think he’s uncoachable. I think that Donald Trump had disastrous debate performances, many answers were so cringe-worthy you just couldn’t believe he was still standing on the stage, and he’s president so I don’t think debates kill off normal candidates who do not have a billionaire juggernaut machine,” Stoddard added.

Trump promptly took to Twitter to attack the commentator, as well as host Neil Cavuto, while taking a swipe at former Speaker Paul Ryan (R-Wis.), who is now on the board of Fox News.

“Could somebody at @foxnews please explain to Trump hater A.B. Stoddard (zero talent!) and @TeamCavuto, that I won every one of my debates, from beginning to end. Check the polls taken immediately after the debates. The debates got me elected. Must be Fox Board Member Paul Ryan!” Trump tweeted.

Cavuto later responded on air to Trump’s tweet.

“He heard A.B. Stoddard and tweeted out this, that she’s a Trump hater and that ‘I won every’ debate the last go around. You can read that as well as I. But, just to point out, he did not. When you look at polls that came out from Fox, NBC, CNN, Politico, YouGov and a host of others, the initial read was that he had failed to do well in those debates. He ultimately won, but he didn’t poll well in those debates.”

Trump has focused many of his recent attacks on Bloomberg, often referring to him as “mini Mike” in tweet storms.

During Wednesday night’s debate, after Bloomberg said Sen. Bernie Sanders (I-Vt.) had no “chance whatsoever” of defeating Trump, the president responded on Twitter: “Mini, there’s even less chance, especially after watching your debate performance last night, of you winning the Democrat nomination…But I hope you do!”

[The Hill]

Trump Attacks Roger Stone Jury Forewoman

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President Donald Trump spoke out for the first time since Roger Stone was sentenced to three years and four months in prison on Thursday by Judge Amy Berman Jackson of the D.C. District Court.

During a speech before former prisoners at a criminal justice event in Las Vegas, Trump fired shots at the jury forewoman in the Stone trial, stating, “The forewoman of the jury, the woman who was in charge of the jury, is totally tainted when you take a look.” He additionally labelled her as an “anti-Trump activist” and a “dominant person,” claiming, “she can get people to do whatever she wants.”

“How can you have a jury poll tainted so badly?” Trump asked. He later added, “But it happened to a lot of people and destroyed a lot of people’s lives.”

Trump ended his rant on the jury forewoman by promising viewers, “We are cleaning it out. We are cleaning the swamp, we are draining the swamp.”

He then transitioned to Stone, stating, “I want the process to play out. I think that is the best thing to do. Because I would love to see Roger exonerated. I would love to see it happen because I personally think that he was treated very unfairly.”

He did not say whether he would pardon his longtime friend and adviser.

[Mediaite]

Trump declares himself the ‘chief law-enforcement officer of the United States’

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President Donald Trump falsely designated himself the “chief law-enforcement officer of the United States” while speaking with reporters on Tuesday.

Attorney General William Barr is the chief law-enforcement officer of the US.

The president also acknowledged that he makes Barr’s job more difficult, referring to Barr’s remark last week that Trump’s tweets make it “impossible” for him to do his job.

“I do make his job harder,” Trump told reporters. “I do agree with that.” He added that he has “total confidence” in the attorney general.

Barr made waves last week when he told ABC News in an exclusive interview that the president’s tweeting put him in a tough spot.

“I’m going to do what I think is right,” Barr said. “And you know … I cannot do my job here at the department with a constant background commentary that undercuts me.”

“I think it’s time to stop the tweeting about Department of Justice criminal cases,” Barr said, adding that they “make it impossible for me to do my job.”

Most recently, Barr and senior leadership overrode the sentencing recommendation that career prosecutors handling the federal case against Trump’s associate Roger Stone made to a court last week. The announcement came after Trump tweeted that the initial sentencing recommendation was “horrible” and “unfair” to Stone.

The next day, Trump congratulated Barr for deciding to overrule the prosecutors, all of whom withdrew from the case or resigned altogether after senior DOJ leadership rebuked their recommendation.

“Congratulations to Attorney General Bill Barr for taking charge of a case that was totally out of control and perhaps should not have even been brought,” the president tweeted.

But Barr told ABC News that he had already decided to ask for a lesser sentence in Stone’s case before Trump tweeted.

The attorney general also said his main responsibility was to make sure the DOJ is free from political interference.

“And I have done that, and I will continue to do that,” Barr said.

Barr’s comments raised questions and prompted immediate skepticism, especially given that he has repeatedly capitulated to the president’s public demands since taking over as attorney general.

In addition to Stone, senior DOJ officials also intervened in the government’s case against former national security adviser Michael Flynn at Barr’s direction. And the attorney general recently appointed an outside prosecutor to review the charges against Flynn, who pleaded guilty to lying to the FBI after his lawyer repeatedly pressured Barr to overturn the case, claiming it was a “miscarriage of justice.”

Barr also announced that the DOJ was setting up an “intake process” to vet the information that Trump’s personal lawyer Rudy Giuliani collects from Ukraine against former Vice President Joe Biden, one of Trump’s 2020 Democratic rivals.

The announcement was perplexing, given that Giuliani is under investigation by the US attorney’s office for the Southern District of New York over his efforts to get foreign dirt on Biden.

The DOJ said in a letter to Congress the US attorney for the Eastern District of New York was coordinating “several open matters” related to the Ukraine controversy and that the US attorney in Pittsburgh would vet new information from Ukraine that comes from the public, including Giuliani.

[Business Insider]

Trump Got Tons of Campaign Cash Before Handing Out Pardon

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President Donald Trump on Tuesday granted clemency to 11 people, including several convicted felons who are either Fox News regulars or have been championed by the president’s favorite cable-news network. And in another case, the family of one pardon recipient dished out massive contributions to the president’s re-election campaign just months before Trump’s clemency spree.

Among those granted pardons or sentence commutations were former Illinois Gov. Rod Blagojevich, who was sentenced to 14 years in prison for attempting to sell former President Barack Obama’s Senate seat; former New York City police commissioner Bernard Kerik, who was sentenced to four years in 2010 for tax fraud and lying to the feds; and Michael Milken, the “junk-bonds king” whose early-’90s insider-trading conviction made him a poster boy of white-collar crime.

Unsurprisingly, a key influence that led to Trump’s decision, particularly as it related to Blagojevich, was Fox News. The same could partly be said of the decision on Kerik, a frequent Fox News guest whose pardon was backed by several of the network’s stars; Milken, whose pardon was supported by Fox Business Network host and Trump loyalist Maria Bartiromo; and Angela Stanton, an occasional pro-Trump TV pundit whose pardon was pushed by frequent Fox News guest and evangelical leader Alveda King.

Speaking to reporters on Tuesday, Trump made the Fox News connection abundantly clear, telling reporters that he decided to commute the rest of Blagojevich’s sentence because he’d seen the ex-governor’s wife Patti Blagojevich pleading her husband’s case on Fox.

“I watched his wife on television,” Trump declared, adding that he didn’t know the ex-governor “very well” despite Blagojevich’s appearances on The Celebrity Apprentice years ago.

In mid-2018, the president repeatedly asked close advisers to explore a Blagojevich pardon and, while doing so, emphatically referenced clips he’d seen on Fox, including a segment on informal Trump adviser Jeanine Pirro’s weekend show, according to two sources who independently discussed the matter with the president at the time.

According to liberal media-watchdog Media Matters for America, Patti Blagojevich took to Fox programming in April 2018 to push for her husband’s sentence to be reduced, making at least seven appearances on some of Trump’s favorite primetime shows such as Tucker Carlson Tonight and The Ingraham Angle.

The hosts, meanwhile, didn’t even bother with subtlety during the interviews. For instance, Tucker Carlson asked Mrs. Blagojevich what she would say “if you could speak to the president.” 

Kerik, meanwhile, has been a frequent guest of Fox News primetime programming for several years, generally offering on-air criticism of how Democrats handle New York City’s police department and criminal justice in general.

In what can generously be described as ironic, Kerik appeared the evening before his pardon on Tucker Carlson Tonight to rail against bail reform in New York while urging for harsher punishment for criminals, claiming crime was down when the police department increased arrests for “jumping turnstiles” and other low-level misdemeanors.

Kerik has also been used as a Trump-friendly critic of the so-called “deep state” on Fox News airwaves, at one point advocating for the arrest of House Speaker Nancy Pelosi and House Intelligence Committee Chairman Adam Schiff (D-CA) for trying to carry out an “attempted coup” of Trump with the whistleblower complaint and impeachment inquiry.

According to the White House, Kerik’s pardon was supported by Fox News stars like Geraldo Rivera and Judge Andrew Napolitano. Additionally, the administration said, Trump’s personal lawyer Rudy Giuliani—a frequent Fox News commentator and Kerik’s one-time boss—backed the decision.

Pirro, meanwhile, celebrated Kerik’s pardon and Blagojevich’s commutation on Twitter, personally thanking the president while declaring that “political prosecutions have no place in this country.”

The pro-Trump Fox News star, who brushed off Blagojevich’s crimes as “just practicing politics” in an April 2018 interview with Patti Blagojevich, has something of a sordid history with Kerik. Back in 2006, Pirro—who was then running as a Republican for New York attorney general—admitted she asked Kerik to bug her then-husband’s boat to see if he was having an affair after federal prosecutors began investigating whether she and Kerik illegally taped conversations.

While junk-bond king Michael Milken is not a Fox News regular by any measure, his pardon was backed by Bartiromo, yet another Fox star who has morphed into an unofficial mouthpiece of and adviser to President Trump. 

Additionally, Angela Stanton, who was pardoned for her role in a stolen luxury-vehicle ring, has appeared on Fox News as a pro-Trump commentator—much like her godmother Alveda King, who backed her pardon—often arguing that Democrats want more poor women of color to have abortions.

Appearances on Fox News and Fox Business—two of Trump’s favorite networks—are popular vessels for those seeking to make their cases for pardons or clemency directly to the president, a voracious consumer of TV and cable news.

The most prominent example was the sustained, successful on-air and behind-the-scenes campaign on Fox to lobby Trump to grant clemency to accused and convicted American war criminals. Fox & Friends Weekend host Pete Hegseth was a ringleader of that highly controversial effort.

“[Trump] knows how people play this game,” said one source close to the president. “He’s even told me before something to the effect of, ‘All these people keep getting themselves on Fox News begging me for a pardon,’ so he’s self-conscious about this stuff. But it doesn’t matter, it still has an effect on him.”

For those who didn’t receive the Fox News treatment, it appears that in at least one case, cold hard cash did the talking. Paul Pogue, a construction company owner who pleaded guilty to underpaying his taxes by $473,000 and received three years probation, was issued a full pardon and clemency by the president.

According to FEC filings, Pogue’s family has donated hundreds of thousands of dollars in direct contributions and in-kind air travel to the Trump Victory Committee. Beginning in August 2019, Ben Pogue—CEO of Pogue Construction and son of Paul Pogue—and his wife Ashleigh made over $200,000 in contributions to the campaign.

In August alone, Ben Pogue donated $85,000 to Trump Victory while Ashleigh Pogue contributed $50,000 that month. The following month, Ben Pogue made an in-kind air travel contribution of $75,404.40. The couple also made several large donations to the Republican National Committee and each donated $5,600 to Donald Trump for President Inc.

On the day of their first donation to the Trump campaign, Ashleigh posted an Instagram photo of her and her husband posing with Donald Trump Jr. and his girlfriend, Kimberly Guilfoyle, at the Hamptons.

Prior to the Pogues’ sudden significant donating spree to Trump and the Republicans, the couple was not seen as big campaign spenders, having donated a few thousand dollars for Paul Ryan’s congressional campaign in 2017 and $5,400 for former Pennsylvania Sen. Rick Santorum’s 2016 Republican presidential run.

Notably, one of the advocates for Pogue’s clemency: Santorum, who is now a CNN contributor.

[The Daily Beast]

Trump pardons Bernard Kerik

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President Donald Trump on Tuesday pardoned Bernard Kerik, the former New York police commissioner who rose to national fame in the aftermath of the 9/11 terrorist attacks and was later sentenced to four years in prison after pleading guilty to felony charges including tax fraud and lying to White House officials.

The White House announced Tuesday that Trump had granted a full pardon to Kerik, as well as a commutation for disgraced former Illinois Gov. Rod Blagojevich.

The White House said in a statement that since Kerik’s conviction, “he has focused on improving the lives of others, including as a passionate advocate for criminal justice and prisoner re-entry reform.”

“His 30 years of law enforcement service and tenure as Commissioner of the New York City Department of Correction have given him a unique understanding and perspective on criminal justice and prisoner re-entry reform, and he remains an invaluable contributor to these endeavors.”

Kerik was sentenced to four years in prison in 2010 after pleading guilty to eight felony charges for offenses including failure to pay taxes and lying to White House officials during a failed nomination to be Homeland Security secretary.

An Army veteran, Kerik once worked on Rudy Giuliani’s security detail when Giuliani was mayor. Giuliani made Kerik commissioner of the city’s Department of Correction, and in 2000 named him police commissioner. The pair worked side by side on Sept. 11, 2001.

The fall of Kerik’s career began when President George W. Bush nominated him to lead the Department of Homeland Security.

Kerik abruptly withdrew his name, citing questions raised about the immigration status of a former housekeeper and nanny.

Prosecutors would later say that Kerik gave “false and misleading statements” to White House officials while being vetted for that position.

The federal case centered on charges that he had received more than $250,000 in renovations for his Bronx apartment from a construction company suspected of having ties to organized crime and helping the company’s bids for city contracts.

Kerik admitted to contacting New York City regulators about the company, named Interstate. Prosecutors said Kerik did not report the value of the renovations on his federal tax returns and made false statements about the renovations and his relationship with Interstate to White House officials.

Judge Stephen Robinson of U.S. District Court in White Plains, New York, sentenced Kerik to four years, exceeding the sentencing guidelines of less than three years.

“I think it’s fair to say that with great power comes great responsibility and great consequences,” Judge Robinson said at the time. “I think the damage caused by Mr. Kerik is in some ways immeasurable.”

He was also sentenced to three years of supervised release and ordered to pay nearly $188,000 in restitution.

“It is a very sad day when the former commissioner of the greatest police department in the world is sentenced to prison for base criminal conduct,” Preet Bharara, then U.S. Attorney for the Southern District of New York, said in a statement at the time.

Prior to the federal case, Kerik pleaded guilty in New York State Supreme Court in 2006 for two misdemeanors related to the renovations and was fined but did not receive jail time.

He was released from federal prison in 2013 after serving three years.

Since Kerik’s release, he’s become an advocate for prison reform and a frequent presence and Trump advocate on Fox News.

Kerik has also worked as a strategist for Navy SEAL Special Operations Chief Edward Gallagher, who was accused of war crimes for the fatal stabbing of a wounded fighter of the Islamic State extremist group. In July, Gallagher was found not guilty by a military court of six of the seven charges against him, including murder and attempted murder.

Last week, a former associate of Kerik’s was arrested and charged with counts that include extortion, sex trafficking, forced labor and money laundering in connection with alleged crimes against students from Sarah Lawrence College, according to an unsealed indictment.

Lawrence Ray was the best man at Kerik’s wedding before the two had a falling out and Ray eventually served as a cooperating witness in an investigation against Kerik.

On Tuesday afternoon, Kerik thanked Trump in a statement.

“With the exception of the birth of my children, today is one of the greatest days in my life — being made a full and whole American citizen again,” he wrote. “Going to prison is like dying with your eyes open. Its aftermath of collateral consequences and the permanent loss of many of your civil and constitutional rights are personally devastating.”

“This pardon restores those rights, for which I will be eternally grateful,” he said.

[NBC News]

Trump commutes sentence of former Ill. Gov. Rod Blagojevich

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President Donald Trump announced Tuesday that he had commuted the prison sentence of former Illinois Gov. Rod Blagojevich, who was impeached and removed from office in 2009 on corruption charges, and pardoned former New York City police commissioner Bernard Kerik.

A federal spokesman said Tuesday night that Blagojevich had been released and was no longer in the custody of the Federal Bureau of Prisons.

The news came hours after Trump signed an executive order granting a full pardon to former San Francisco 49ers owner Eddie DeBartolo Jr. related to a decades-old corruption charge, one of nearly a dozen pardons and commutations the White House announced Tuesday.

Another big name on the list was that of Michael Milken, the former junk bond trader who pleaded guilty in 1990 to racketeering and securities fraud. The man who prosecuted Milken was one of the people who advocated for his pardon, according to the White House — Rudy Giuliani, one of the president’s personal lawyers.

Giuliani also advocated for a pardon for Kerik, who was Giuliani’s hand-picked police commissioner when he was mayor of New York. Kerik was sentenced in 2010 to four years in prison after pleading guilty to eight felony charges, including tax fraud.

Blagojevich, 63, was sentenced in 2011 to 14 years in federal prison on corruption charges related to his solicitation of bribes in an attempt to “sell” the Senate seat Barack Obama left open after he was elected president.

Trump, who has repeatedly floated the idea of pardoning Blagojevich, told reporters that he had received “a tremendously powerful, ridiculous sentence.”

“He served eight years in jail, a long time,” Trump told reporters at Andrews Air Force Base, Maryland. “I don’t know him very well. I met him a couple of times. He was on for a short while on ‘The Apprentice’ some years ago. He seems like a very nice person. I don’t know him.”

Trump said “many people” thought the sentence was unfair. “He’ll be able to go back home to his family,” he added.

Blagojevich, a Democrat, had been at the low-security Federal Correctional Institute in Englewood, Colorado. He’d been a contestant on Trump’s reality TV show “The Celebrity Apprentice” in 2010.

The president said in August that he was “very strongly” considering giving Blagojevich a reprieve.

“I’m thinking about commuting his sentence very strongly,” Trump told reporters aboard Air Force One then.

“He’s been in jail for seven years, over a phone call where nothing happens … over a phone call where, you know, he shouldn’t have said what he said, but it was braggadocio, you would say. I would think that there have been many politicians — I’m not one of them, by the way — that have said a lot worse over telephones,” he added.

In one wiretapped phone call, Blagojevich said of Obama’s Senate seat: “I’ve got this thing and it’s f—— golden. And I’m just not giving it up for f—— nothing.”

The current Democratic governor of Illinois, J.B. Pritzker, took to Twitter to blast the pardon.

“President Trump has abused his pardon power in inexplicable ways to reward his friends and condone corruption, and I deeply believe this pardon sends the wrong message at the wrong time,” Pritzker tweeted.

Prosecutors said Blagojevich and others working for him began “a pattern of racketeering activity” soon after he took office in 2002, using the powers of the governorship in “exchange for financial benefits for themselves and others.”

He was arrested in late 2008 on allegations that he had tried to profit from selling off Obama’s open Senate seat, and he was impeached in January 2009 after he refused to resign.

Blagojevich was convicted in federal court in Chicago later that year on one of 24 felony counts — lying to the FBI about the extent of his involvement in campaign fundraising. Jurors deadlocked on the other counts.

At his 2011 retrial, he was convicted of three separate shakedown attempts — one involving a children’s hospital, one involving a racetrack and one involving the Senate seat.

In between his trials, he tried to rehabilitate his image and signed up as a contestant on “The Celebrity Apprentice” in 2010. He was “fired” after four episodes after bungling a Harry Potter presentation.

[NBC News]

Trump pardons former 49ers owner Edward DeBartolo Jr.

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President Donald Trump has pardoned Edward DeBartolo Jr., the former San Francisco 49ers owner convicted in a gambling fraud scandal.

DeBartolo, 73, who helped to build the 49ers’ dynasty of the 1980s and ’90s, was involved in one of the biggest owners’ scandals in the sport’s history.

In 1998, he pleaded guilty to failing to report a felony when he paid $400,000 to former Louisiana Gov. Edwin Edwards in exchange for a riverboat gambling license.

The White House announced the surprise decision to reporters on Tuesday. NFL greats Jerry Rice, Jim Brown, Ronnie Lott and Charles Haley were in attendance.

DeBartolo, whose 49ers won five Super Bowls under his leadership, stepped down as owner in 1997 after two Louisiana newspapers reported he would be indicted for gambling fraud. He avoided prison, was fined $1 million and was suspended for a year by the NFL. But the episode effectively ended his NFL career.

Rice, a Pro Football Hall of Famer who played on three of DeBartolo’s Super Bowl-winning teams, said DeBartolo “was like that 12th man” of the great 49ers teams.

“He’s the main reason why we won so many Super Bowls,” Rice said. “So today is a great day for him. I’m glad to be here and be a part of that. It’s just something I will never forget. This man, he has done so much in the community, has done so much in NFL football.”

DeBartolo withdrew from the riverboat project after the state gambling board demanded he hand over all documents he gave to the grand jury. The documents included an “unexecuted agreement” between DeBartolo and Stephen Edwards, according to a copy of a grand jury subpoena obtained by the newspapers.

The state gambling board canceled the project after DeBartolo withdrew.

The DeBartolo family built their fortune through commercial real estate — mostly owning shopping malls. The family business was started by DeBartolo’s father, who died in 1994. In addition to the 49ers, the family also owned the Pittsburgh Penguins of the National Hockey League before selling the team in 1991.

DeBartolo Jr. ran the 49ers starting in 1977, and his hiring of coach Bill Walsh in 1979 led to the franchise’s most successful era. From 1982 to 1995, the team won five Super Bowls.

After the suspension, DeBartolo gave control of the team to his sister, Denise DeBartolo York.

He never returned to the NFL after his suspension. The team is now run by his nephew, Jed York.

DeBartolo was elected to the Pro Football Hall of Fame in 2016.

[ESPN]

Reality

Eddie DeBartolo is a longtime friend of Donald Trump who donated to his inauguration in 2017.

Trump quotes Ralph Waldo Emerson, Suggesting He’s a ‘King’

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The tweets of Donald J. Trump are sometimes inane, sometimes scary, and sometimes baffling. On Saturday he made two that are the latter. Only a few days after inexplicably sharing a clip from Curb Your Enthusiasm that clearly mocked his supporters, the president decided to post something even more Mad Libs-weird: He quoted Ralph Waldo Emerson.

Technically he was quoting someone else quoting Emerson: a piece from his dreaded New York Times that dropped back in early February. The headline was, alas, not exactly flattering: “While Stained in History, Trump Will Emerge From Trial Triumphant and Unshackled.” The article itself, by Peter Baker, wasn’t complimentary about the president’s newfound confidence after getting impeached by the House but acquitted by the Senate. Perhaps Trump didn’t read the whole thing. But he did single out one passage.

“Ralph Waldo Emerson seemed to foresee the lesson of the Senate Impeachment Trial of President Trump. ‘When you strike at the King, Emerson famously said, “you must kill him.’ Mr. Trump’s foes struck at him but did not take him down,” the tweet read. “A triumphant Mr.Trump emerges from the biggest test of his presidency emboldened, ready to claim exoneration, and take his case of grievance, persecution and resentment to the campaign trail.” He then cited Baker, at-ed the NYT, and added one of his greatest go-tos: “The Greatest Witch Hunt in American History!

Trump’s out-of-context (but still far from positive) tweeting read as a boast, even if he was quoting a publication he routinely demonizes. The fact that the president was quoting someone quoting Emerson truly weirded some people out.

Others were horrified. After all, he was essentially referring to himself as a king, not a president.

Some pointed out that Trump had been reduced to quoting the “failing” (though actually thriving) New York Times.

[Uproxx]

Federal Judge blasted White House involvement in DOJ case like a ‘banana republic’

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Justice Department attorneys struggled with mounting frustration and skepticism from a federal judge about producing documents related to the investigation of former FBI deputy director Andrew McCabe, according to transcripts of closed-door conversations released in response to a lawsuit from a government watchdog group. 

The McCabe case—and President Donald Trump’s personal involvement in it—prompted federal judge Reggie Barnett Walton to call the government’s handling of it “disturbing,” a “mess,” and veering close to a “banana republic.”

“I think it’s very unfortunate,” Judge Walton told prosecutors as the case hung in limbo in late September. “And I think as a government and as a society we’re going to pay a price at some point for this.”

The comments were made in a Freedom of Information Act lawsuit filed by Citizens for Responsibility and Ethics in Washington (CREW) against the Justice Department.

Jordan Libowitz, a spokesperson for CREW, said the eventual release of the court transcripts on Friday, after a lengthy court battle, showed that the government was “trying to cover up the fact that they were stringing this [lawsuit] along while looking for a reason to indict McCabe.”

The court released the transcripts on Friday afternoon hours after McCabe’s lawyers released a letter from Justice Department officials saying they did not plan to charge McCabe with a crime. Two years ago, the DOJ’s top watchdog released a report finding that McCabe lacked candor when answering questions about leaks to the media. McCabe vehemently disputed the report’s findings. 

The CREW lawsuit sought material on how the Trump administration handled the criminal investigation into McCabe, who served as the acting FBI Director after Trump fired James Comey. In that capacity, McCabe helped oversee Special Counsel Robert Mueller’s Russia probe. He also became one of Trump’s top bête noires. The president has tweeted about him dozens of times, once accusing him of treason. McCabe, in turn, has vociferously pushed back. After Trump insinuated that McCabe deserved the death penalty, McCabe told CNN the comment was “quite honestly terrifying.” 

“It’s just a disgusting level of disrespect for the people who serve this country every day,” he said. 

Throughout the course of the CREW lawsuit, prosecutors appeared unable to predict when their investigation of McCabe would conclude, which would allow them to hand over documents related to the case through the Freedom of Information Act process.

In mid-September, McCabe’s attorneys wrote in an email to the Justice Department that they’d heard “credible” rumors that a grand jury investigating possible criminal charges against their client “had declined to vote an indictment.” They asked Deputy Attorney General Jeffrey Rosen to drop the case but Rosen declined.

By the end of September, the transcripts released by the CREW lawsuit show the Justice Department had asked the court for another three months to decide whether to continue the McCabe case, calling it “an exceedingly difficult matter and situation.”  

That requested delay, as well as others in the months preceding it, created mounting frustration for Judge Walton as the government seemed unable to determine whether the case against McCabe would continue throughout the summer and fall of September 2019.

Walton chided prosecutors in late September, saying that their delays hindered CREW’s right to the documents and “from the standpoint of Mr. McCabe, he has a right to have the government make a decision and not hold his life in limbo pending a decision as to what’s going to happen.”

“I don’t know why it’s so difficult for a decision to be made. Either you have a case or you don’t,” he said.

Judge Walton also took issue with President Trump’s apparent personal involvement in the case. He told prosecutors that Trump’s comments about the case complicated the ability to receive a fair hearing in the FOIA lawsuit.

“[T]he public is listening to what’s going on, and I don’t think people like the fact that you’ve got somebody at the top basically trying to dictate whether somebody should be prosecuted,” Walton told prosecutors when they asked for another delay in late September. “I just think it’s a banana republic when we go down that road and we have those type of statements being made that are conceivably—even if not—influencing the ultimate decision. I think there are a lot of people on the outside who perceive that there is undue, inappropriate pressure being brought to bear.”

As recently as December 10, prosecutors pushed back on the release of the transcripts showing Walton’s questions about the timing of prosecutors’ decisions in the McCabe case. They argued it would give the public an incomplete picture of the investigation and potentially compromise the case. 

“To understand the Department’s exercise of prosecutorial discretion in this case would necessitate a broader disclosure of internal deliberative information than contained in the staled ex parte hearing transcripts,” J.P. Cooney, a prosecutor in the U.S. Attorney’s office in Washington, D.C., wrote in one filing obtained by the CREW lawsuit. Their release, he claimed, “risks unfairly calling into question the integrity of the investigation and any future decisions in the McCabe matter”.

Libowitz said Friday that it was “not surprising that the announcement of no indictment [of McCabe] was timed along with the release of these transcripts.”

A 2018 investigation by the Justice Department’s Office of Professional Responsibility found McCabe had “made an unauthorized disclosure to the news media and lacked candor—including under oath—on multiple occasions” about the FBI’s handling of the investigation into Hillary Clinton’s private email server and handling of classified information. Former Attorney General Jeff Sessions fired McCabe in March 2018 just hours before his scheduled retirement date.

[The Daily Beast]

Barr appoints outside prosecutor to review criminal case against Michael Flynn

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Attorney General William Barr has appointed an outside prosecutor to review the criminal case of former national security adviser Michael Flynn, who is awaiting sentencing after pleading guilty to lying to the FBI, an official familiar with the matter said Friday.

Barr has tapped Jeffrey Jensen, the chief federal prosecutor in St. Louis, to conduct the review. Flynn and his attorneys have sought to withdraw his guilty plea, claiming the FBI and federal prosecutors engaged in misconduct.

Flynn’s case was one of the first brought by former special counsel Robert Mueller as part of the investigation into Russia’s interference in the 2016 presidential election and possible ties to the Trump campaign.

The development, first reported by The New York Times, caps off a controversial week for the Justice Department as the agency faces allegations it has succumbed to political pressure from President Donald Trump.

The Justice Department caused an uproar earlier this week after it intervened to reduce its recommended prison sentence for Roger Stone, a longtime friend and ally of Trump who was convicted of seven felonies, including lying to Congress. Career prosecutors who handled the case had asked for a sentence of seven to nine years in prison, which Trump said was a “miscarriage of justice.” 

The Justice Department overruled the attorneys, saying the prison recommendation was too harsh. The prosecutors withdrew from Stone’s case in apparent protest. One resigned from the Justice Department. 

In an interview with ABC News, Barr pushed back against criticism that he was doing Trump’s bidding. The president “has never asked me to do anything in a criminal case,” he said. 

But the fast-moving developments have cast a harsh spotlight on the Justice Department’s leadership, primarily Barr, and have raised fresh questions about the department’s independence from the White House. 

Flynn is scheduled to be sentenced Feb. 27. He pleaded guilty in 2017 to lying to the FBI about his communication with Sergey Kislyak, a former Russian ambassador to the U.S., in the weeks before Trump took office.

Flynn’s case has been stalled in federal court for two years as his defense team alleges the former Army general was framed in a government conspiracy. Last month, Flynn withdrew his guilty plea, accusing prosecutors of acting in “bad faith” during their investigation. 

His defense team, led by conservative lawyer and Fox News commentator Sidney Powell, declared his innocence. Flynn’s attorneys accused the government of forcing him to admit to crimes he didn’t commit and hiding evidence that would’ve exonerated him. A federal judge has rejected those claims. 

Flynn’s attorneys did not respond to calls seeking comment.

The government initially recommended Flynn be sentenced to six months in prison, citing his attempts to “thwart” prosecutors and his “apparent failure to accept responsibility.” 

Federal prosecutors later softened their position, suggesting that probation is also an “appropriate” sentence for Flynn.

Barr’s decision to tap outside prosecutors to review Flynn’s case comes as the Justice Department conducts another politically charged inquiry into the origins of the FBI’s investigation into Russian interference in the 2016 election. That probe led to the criminal charges against Flynn and cast a cloud over the first years of Trump’s presidency. 

That inquiry, which Barr launched last year, focuses on whether federal investigators abused their surveillance authority in the initial stages of the Russia investigation. John Durham, Connecticut’s chief federal prosecutor, is leading the investigation.

Also this week, the Justice Department decided not to file criminal charges against former FBI deputy director Andrew McCabe, one of several former FBI officials who have been the target of Trump’s attacks. 

The investigation into McCabe stemmed from a Justice Department Inspector General’s report that found he improperly authorized a leak about a federal investigation into the Clinton Foundation in the final weeks of the 2016 presidential campaign. Investigators concluded he displayed a lack of candor when asked about the leak. 

[USA Today]

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