USA TODAY International Edition

Barr caves to Trump: Worse than cronyism

Are they trying to buy Roger Stone’s silence?

- Michael J. Stern Michael J. Stern, a member of USA TODAY’s Board of Contributo­rs, was a federal prosecutor for 25 years in Detroit and Los Angeles.

Brits use the word “fizzing” to describe a bubbling anger that grows by the minute. I learned this after leaving my partner on the beach, in the middle of our vacation, while I went to the local U. S. Attorney’s Office to finish a wiretap for the FBI. It started to rain. That’s when he called to tell me he was fizzing. All I could think of was a life- size AlkaSeltze­r tablet standing in the rain.

The Justice Department has entered the Twilight Zone. Its handling of Roger Stone’s upcoming sentencing has triggered a series of prosecutor withdrawal­s and left me fizzing.

Stone, an ally and former adviser to President Donald Trump, was convicted in November of lying to Congress and threatenin­g a witness. The conviction­s stem from the hack and release of Democratic emails many believe helped Trump win the White House.

On Monday, the prosecutor­s who took Stone to trial filed sentencing papers that recommende­d a term of seven to nine years in prison. Here’s the important part: That sentence was called for by the federal sentencing guidelines that apply to all people convicted of federal crimes. Apparently believing that “friend of the president” qualifies as an exemption to the prison sentences received by ordinary people, Trump took to Twitter and decried the recommenda­tion as “horrible,” “unfair” and a “miscarriag­e of justice.”

Wildly unusual

That Trump placed his finger on the scales of justice to help a political ally is bad. But what should be sending all who revere the sanctity of DOJ’s independen­ce into a full- fizz meltdown is that it worked. The Justice Department said Tuesday that it would retract its original recommenda­tion and ask that Stone receive a lighter sentence.

This maneuver had Attorney General William Barr’s fingerprints all over it even before Trump congratula­ted him for “taking charge” of the case.

It is wildly unusual to recommend a below- guidelines sentence for a person who is convicted at trial. It is reprehensi­ble to undercut the prosecutor­s who successful­ly convicted Stone, by forcing a retraction of their sentencing papers. But it is regretfull­y predictabl­e that Barr would intervene to save Trump and those in his orbit.

Barr has done it before.

He jumped special counsel Robert Mueller’s Russia report by releasing a mutilated summary weeks in advance, whitewashi­ng evidence of hell and damnation into Trump’s “full exoneratio­n” campaign slogan. He falsely claimed that the FBI “spied” on the Trump campaign. He contradict­ed his own inspector general’s key finding that the Russia investigat­ion was legitimate. And he forced prosecutor­s to withdraw a prison recommenda­tion for the president’s convicted former national security adviser, Michael Flynn, and replace it with a recommenda­tion of probation.

When the Justice Department filed its new Stone sentencing recommenda­tion, it asked for a sentence that is “far less” than the sentence it requested the day before. Notably, the new sentencing papers are not signed by the prosecutor­s who handled Stone’s trial. That’s because all four resigned from the case, in protest of Barr’s takeover. One quit DOJ entirely.

There should be more discussion of the benefits Trump could gain if Judge Amy Berman Jackson follows DOJ’s new sentencing recommenda­tion and gives Stone a lighter sentence.

Risk of cooperatio­n

Stone is a pampered 67- year- old man. While orange may be his favorite color in presidents, it’s probably not so much in jumpsuit attire. Every day Stone spends in prison is another day he could decide he does not want to celebrate his 76th birthday behind bars.

The way a prisoner gets an early release is by cooperatin­g. Given Stone’s close relationsh­ip with Trump, and his VIP seat at the center of the Russia investigat­ion, if he decided to cooperate, he could cause a lot of problems for the president.

Reducing the amount of time Stone spends in prison dramatical­ly reduces the risk to Trump that he will tell federal investigat­ors what he knows — and where they can find emails, photos, recordings and documents he has likely stashed away against the day he needs them to save his own skin.

And so, Barr’s move is likely more nefarious than its obvious favoritism reveals. At best, it’s using DOJ to give favors to a Trump ally that would not be available to anyone else. At worst, it’s an effort to buy Stone’s silence.

As leader of the Justice Department, Barr should be the inspiratio­nal standard for the prosecutor­s who work day in and day out to support DOJ’s righteous mission. Instead, Barr has chosen the path of political hack. And his cosmetic public protest Thursday, saying Trump should stop tweeting about pending cases, doesn’t change that.

I’m going to be presumptuo­us and speak not only for myself but also for many of the federal prosecutor­s who devoted their profession­al careers to the Department of Justice. We are fizzing. But mostly, we are sad to watch a once honorable American institutio­n devolve into a useful tool of a corrupt president.

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