Hard to trust Barr’s Justice Department
It is hard to fathomwhat AttorneyGeneral William P Barr was thinking when he announced on Friday that the US Attorney for the Southern District of New York, Geoffrey Berman, was ‘‘stepping down’’. Berman quickly denied an intention to step away, leading to speculation about Barr’s motives – speculation fuelled by President Trump’s contempt for the rule of law and Barr’s sad record of politicising the Justice Department.
Trump responded on Saturday by firing Berman outright, with Barr claiming the motive was simply to promote a ‘‘distinguished New York lawyer, Jay Clayton’’ to be US attorney, not to sideline Berman. This was a puzzling explanation, given that Berman could have continued to serve until and unless the Senate confirms Clayton. Moreover, Clayton lacks federal prosecutorial experience. Barr dismisses as ‘‘obviously false’’ any suggestion that sidelining Berman might lead to inappropriate meddling in his office’s investigations. In fact, it is not obvious. Not after Barr gutted the independence of the US attorney’s office in the District in order to roll back prosecutions of two of the president’s lawbreaking friends. Not after he presided over the violent clearing of peaceful protesters from Lafayette Square, then blamed it on the crowd. And not after he misled the public about the contents of the Mueller report.
How can prosecutors anywhere in the country have faith that Barr will safeguard the independence of the Justice Department?