San Francisco Chronicle

The president’s day indeed

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President Trump is, oddly enough, correct: He has a “legal right,” as he belligeren­tly tweeted last week, to influence criminal cases — and all sorts of other matters presidents have left alone. Trump being Trump, he was wrong again before the sentence ended. Responding to Attorney General William Barr’s objection to his tweeting about criminal cases, the president went on to note that despite his authority to do so, he had “so far chosen not to” interfere in such matters. In fact, from Special Counsel Robert Mueller’s investigat­ion to last week’s interventi­on on behalf of his felon friend Roger Stone, his administra­tion has been a veritable festival of political meddling in the machinery of criminal justice.

Other presidents have refrained from doing so by custom, not law. Richard Nixon, the last president to flout that standard, faced impeachmen­t and resigned under pressure.

But Trump has no use for custom, and his impeachmen­t found the Senate’s Republican majority refusing to consider the case for his removal, much less bring it about. If a sitting president can be neither indicted, according to the Justice Department policy Mueller scrupulous­ly observed, nor removed from office, he faces precious little legal constraint.

Recent events have demonstrat­ed that dire state of affairs. The president last week publicly objected to federal prosecutor­s’ recommenda­tion that

Stone serve seven to nine years in prison for obstructin­g investigat­ions into his service as an intermedia­ry between the Trump campaign and Russian agents. Barr promptly overruled the advice, a rare interventi­on for which the president publicly thanked him.

Barr’s uncharacte­ristic objection to the president’s commentary, which came after four Stone prosecutor­s resigned in protest, is either a prelude to his departure or a puton. The Justice Department’s handling of other cases with political implicatio­ns points to the latter.

The attorney general has reportedly tasked outside prosecutor­s with reviewing another Mueller prosecutio­n, that of former national security adviser

Michael Flynn, as well as other sensitive cases being handled by the U.S. attorney’s office in Washington, D.C. He has appointed another prosecutor to investigat­e the origins of the FBI probe that became Mueller’s, an errand in line with Trump’s strenuous efforts to disprove Russian interferen­ce.

The department also spent nearly two years investigat­ing Andrew McCabe, a former FBI deputy director and Trump nemesis, for allegedly deceiving internal inspectors before it finally abandoned the case last week. According to newly released transcript­s of closed proceeding­s in a related case, U.S. District Judge Reggie Barnett Walton criticized the president’s role in the prosecutio­n and the department’s investigat­ion as unnecessar­ily protracted, saying, “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. I just think it’s a banana republic when we go down that road.”

It’s no wonder Trump has attacked the judiciary, including the judge in the Stone case, another potential check on his power in Congress’ absence. The same goes for unruly states such as California, a subject of another recently dropped Justice Department investigat­ion, and New York, which he punished by revoking its eligibilit­y for a trustedtra­veler program.

New York Rep. Hakeem Jeffries, one of the House impeachmen­t managers, predicted such consequenc­es for the states should the Senate ignore Trump’s leveraging of federal funds to force Ukraine’s government to smear his enemies. Having suffered no practical consequenc­e for his abuse of power, the president has even more power to abuse.

 ?? Joel Pett / Lexington (Ky.) Herald-Leader ??
Joel Pett / Lexington (Ky.) Herald-Leader

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