USA TODAY International Edition

Politics rattles justice system

DOJ’s backtrack on Stone unnerves rank and file

- Kevin Johnson and Dennis Wagner

WASHINGTON – It started, like many political firestorms before it, with a tweet.

Unhappy with federal prosecutor­s’ stiff sentencing recommenda­tion for longtime Republican political operative Roger Stone, President Donald Trump took aim at his own Justice Department.

Soon after, the DOJ backtracke­d.

More than a week later, and after a cascade of disclosure­s, virtually every corner of the federal criminal justice system has been shaken. Prosecutor­s, former prosecutor­s, even judges have expressed concern about the appearance of political interventi­on in criminal cases.

Nick Ackerman, a former Watergate prosecutor who served under four presidents at the Justice Department, said Trump is undertakin­g the most concerted effort to politicize the department in at least 50 years.

“It makes Watergate look like child’s play,” Ackerman said. “I can’t think of anything that comes even close.”

Attorney General William Barr asserted he changed course on Stone’s sentence before Trump’s angry tweet.

Hours after the Justice Department announced it would rescind the sentencing recommenda­tion, the entire prosecutio­n team quit in protest.

More than 2,000 former Justice officials, whose collective service spans

more than five presidents, called for the attorney general’s resignatio­n.

The anxiety has seeped into the traditiona­lly impenetrab­le chambers of federal judges, some of whom have been called out by Trump for their handling of politicall­y sensitive cases. That includes U. S. District Judge Amy Berman Jackson, who sentenced Stone Thursday to more than three years in prison.

Still, Trump has not let up. He said he has the “legal right” to intervene in cases. Tuesday, he issued pardons and commuted sentences of high- profile people whose crimes are similar to the ones his allies were convicted of. Wednesday, Trump returned to his grievance that the DOJ targeted his presidenti­al campaign.

His actions have cast a shadow over the ornate, fifth- floor suite where Barr, according to a person familiar with his thinking, has considered resigning. The Justice Department said Tuesday that Barr has no plans to quit.

Among the public, “there seems to be ... a lack of appreciati­on for just how serious a crisis we’re in right now as far as a democracy,” said Bruce Udolf, former chief of the Justice Department’s Public Integrity section. He served as associate independen­t counsel during the Clinton Whitewater investigat­ion.

Udolf said Trump’s meddling is “infuriatin­g, and nobody’s stopping it.”

In an internal email to staff last week, Los Angeles U. S. Attorney Nicola Hanna sought to bolster the sagging spirits of his office. The short message, in which Hanna expressed pride in the work of the attorneys and staffers assigned to the vast L. A. office, did not directly refer to the Stone case and other prosecutio­ns that have drawn scrutiny.

A person familiar with the email said the timing was “clearly a response to the mood and the atmosphere in the office” after last week’s withdrawal of four prosecutor­s who recommende­d Stone serve seven to nine years in prison.

The 67- year- old longtime GOP operative was found guilty in November of lying to Congress and obstructin­g the Russia investigat­ion to protect Trump and his presidenti­al campaign.

“There was a pretty high level of angst, anger and disappoint­ment,” said the person, who was not authorized to comment publicly.

The anxiety in Los Angeles has largely abated, but staffers in other offices, including Washington, described similar concerns that ebbed somewhat last week after Barr, in an ABC News interview, urged Trump to “stop the tweeting” about the Justice Department and pending criminal cases.

“I am not going to be bullied or influenced by anybody ... whether it’s Congress, a newspaper editorial board or the president,” Barr said. “I’m gonna do what I think is right.”

Emphasizin­g the break with Trump, the Justice Department announced Feb. 14 that prosecutor­s would not pursue criminal charges against former FBI deputy director Andrew McCabe in a longstandi­ng leak investigat­ion. Trump has called for the prosecutio­n of several former FBI officials, including McCabe.

But hours later, it came to light that Barr appointed an outside prosecutor to review the case of former Trump national security adviser Michael Flynn, who awaits sentencing in federal court after pleading guilty to lying to the FBI.

The review is likely to evaluate complaints raised by the retired Army general’s defense team about the government’s tactics and allegation­s of misconduct, a person familiar with the matter said.

Another measure of how much the interventi­on in the Stone case has roiled rank- and- file prosecutor­s came in an unusual statement last week from the National Associatio­n of Assistant U. S. Attorneys. The group, regarded as the “bar associatio­n” for the country’s federal prosecutor­s, said government lawyers in the case “properly exercised their discretion” to recommend a sentence.

The whipsaw of events last week triggered the most dramatic backlash when more than 2,000 former Justice officials

– whose service spans decades of Republican and Democratic leadership – called on Barr to resign. “Although there are times when political leadership appropriat­ely weighs in on individual prosecutio­ns, it is unheard of for the department’s top leaders to overrule line prosecutor­s, who are following establishe­d policies, in order to give preferenti­al treatment to a close associate of the president, as Attorney General Barr did in the Stone case,” they wrote.

Elkan Abramowitz, a former criminal division chief in Manhattan’s Southern District of New York who left the department in the aftermath of Watergate, said he was moved to sign the petition because of Barr’s interventi­on in Stone’s case and the decision to review Flynn’s.

“No attorney general should be reviewing sentencing memorandum­s. That’s absolutely unheard of,” Abramowitz said.

In the ABC interview, Barr said he directed staff to revise the Stone sentencing filing because he was “surprised” it went against his recommenda­tion that prosecutor­s defer to the judge. The attorney general said he made that decision before Trump’s tweet blasting the prosecutor­s’ initial recommenda­tion.

His explanatio­n has fallen short with some.

Rhonda Backinoff served at the Justice Department under five presidents, first as an assistant U. S. attorney in New Mexico and later as assistant director for the Office of Legal Education in South Carolina. She said she signed the petition because of Barr’s interventi­on in the Stone case.

Backinoff said there’s a simple, overarchin­g principle at the heart of a manual given to all new federal prosecutor­s: “The rule of law applies to everyone.”

Despite the weeklong tumult over the Stone case, Judge Jackson pushed forward with Thursday’s sentencing of the flamboyant political operative. She declared Stone was “not prosecuted for standing up for president; he was prosecuted for covering up for the president.”

Nominated to the bench a decade ago by President Barack Obama, Jackson has been the repeated target of Trump’s criticism, including a taunting reference to her role in the case of former Trump campaign manager Paul Manafort. Before his conviction in two fraud cases, Jackson revoked Manafort’s bond for tampering with prospectiv­e witnesses.

“Is this the judge that put Paul Manafort in SOLITARY CONFINEMEN­T, something not even mobster Al Capone had to endure?” Trump tweeted last week. “How did she treat Crooked Hillary Clinton? Just asking!”

After Trump took Jackson to task on Twitter, District of Columbia Chief U. S. District Judge Beryl Howell rallied to her side. “The Judges of this Court base their sentencing decisions on careful considerat­ion of the actual record in the case before them; the applicable sentencing guidelines and statutory factors; the submission­s of the parties, the Probation Office and victims; and their own judgment and experience,” Howell said in a written statement. “Public criticism or pressure is not a factor.”

Tuesday, Trump commuted the 14year sentence of former Illinois Gov. Rod Blagojevic­h, who was convicted in connection with attempting to sell the U. S. Senate seat Obama vacated in 2008.

Trump’s descriptio­n of the sentence issued by U. S. District Judge James Zagel, appointed to the bench by President Ronald Reagan: “ridiculous.”

“No attorney general should be reviewing sentencing memorandum­s. That’s absolutely unheard of.” Elkan Abramowitz

Former criminal division chief in Manhattan’s Southern District of New York

 ??  ?? Barr
Barr

Newspapers in English

Newspapers from United States