Category: Law and Order

Trump Got Tons of Campaign Cash Before Handing Out Pardon

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

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

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.

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.

Barr appoints outside prosecutor to review criminal case against Michael Flynn

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]

Trump Openly Claims Authority to Direct Attorney General To Investigate Anyone He Wants

President Donald Trump addressed the latest kerfuffle-cum-constitutional crisis in a Friday morning tweet following Attorney General Bill Barr’s apparent intervention in the sentencing of Roger Stone.

Stone was found guilty of seven felony counts last November, including lying to Congress and witness tampering during the investigation into Russian intelligence and interference in the general election. As such, prosecutors recommended a seven to nine-year prison sentence, which Trump criticized vocally. Barr eventually intervened to recommend a lighter sentence, to which Trump tweeted his thanks.

In an interview with ABC News, Barr claimed that he would never be bullied by anyone (including the president) and criticized Trump’s tweets for creating a distraction. It is worth noting that, despite his claims otherwise, Barr appeared to do exactly what Trump had asked, eventually earning Trump’s praise. So that’s the context… still with me?

Ever one to jump on a news cycle, and get ahead of a story, Trump addressed this story obliquely, saying that he has the “legal right” to ask his attorney general to do anything in a criminal case.

“Trump just openly and explicitly stated that it’s perfectly within his authority to direct his Attorney General to open criminal investigations into anyone he wants,” offered Washington Post columnist Greg Sargent, in as a pure expression of what many will see as an open flouting of checks and balances in the U.S. government.

This is the very point made Thursday night on CNN by Jeffrey Toobin following a Washington Post report about this very concept. “The idea [James Comey] committed a crime is absurd. The person in a really perilous condition right now is the CNN contributor Andrew McCabe, who is under investigation from the U.S. Attorney’s office right now. And, you know, has had his case dangling out there. The president obviously wants Andy McCabe prosecuted and it’s just grotesque that you have the President of the United States behaving this way with the power of prosecution exercised in this way.”

The attorney general IS appointed by the president, then confirmed by Congress. And it’s not unusual for the top law enforcement official to work hand in glove with the sitting president. Many might read Trump’s tweet, however, as a rather foreboding omen of what may come to Trump’s political foes.

If he feels that someone has done him wrong, and he can direct the AG to serve as his own personal henchman (of which there is an abundance of evidence) then what is to keep him from seeking investigations into those he feels might threaten his reelection? Oh wait, he’s already done that.

[Mediaite]

Trump congratulates Barr for ‘taking charge’ of Stone case

President Donald Trump praised Attorney General William Barr on Wednesday for “taking charge” of the federal case against Roger Stone — a maneuver that has provoked outrage from congressional Democrats and appeared to prompt the withdrawal of four government prosecutors.

“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,” Trump wrote on Twitter. “Evidence now clearly shows that the Mueller Scam was improperly brought & tainted. Even Bob Mueller lied to Congress!”

A spokesperson for the Justice Department did not immediately return a request for comment on the president’s social media post.

Trump’s tweet comes amid escalating tensions at the Justice Department, which ramped up Tuesday after the department backed off a previous sentencing recommendation for Stone, a longtime informal political adviser to Trump.

Federal prosecutors had urged Monday that Stone be sent to prison for seven to nine years for impeding congressional and FBI investigations into connections between the Russian government and Trump’s 2016 campaign.

But after the president blasted that proposal Tuesday as a “horrible and very unfair situation,” the Justice Department submitted a revised filing that offered no specific term for Stone’s sentence and stated that the prosecutors’ recommendation “could be considered excessive and unwarranted.”

Trump also took shots Tuesday targeting former special counsel Robert Mueller’s squad of federal prosecutors — two of whom served on Stone’s prosecution team — as well as U.S. District Judge Amy Berman Jackson, who was scheduled to sentence Stone and has overseen several other Mueller-related cases.

By the end of the day, the quartet of attorneys who had shepherded Stone’s prosecution had either resigned or notified the court that they were stepping off the case. Trump reprised his attack on their initial sentencing filing Wednesday, suggesting it was perhaps the product of “Rogue prosecutors.”

“Two months in jail for a Swamp Creature, yet 9 years recommended for Roger Stone (who was not even working for the Trump Campaign),” the president tweeted, making apparent reference to a former Senate Intelligence Committee aide who pleaded guilty in 2018 for lying to the FBI. “Gee, that sounds very fair! Rogue prosecutors maybe? The Swamp!”

Trump claimed Tuesday that he had not asked the Justice Department to change the sentencing recommendation, and Hogan Gidley, the White House’s principal deputy press secretary, repeated that denial Wednesday — asserting that neither the president nor anyone at the White House pressured the attorney general or other department officials to reduce Stone’s sentence.

“Unequivocally no,” he told Fox News, adding that the president “did not interfere here with anything.”

“Look, he’s the chief law enforcement officer. He has the right to do it. He just didn’t,” Gidley said of Trump. “He didn’t make any comment — didn’t have a conversation, I should say, rather, with the attorney general, and that’s just ludicrous. It’s just another scandal that the Democrats are trying to push forward.”

A senior Justice Department official said Tuesday that the decision to alter the prosecutors’ filing was unrelated to the president’s venting on social media and came before Trump issued his critical tweet. Instead, the official said, department leaders were “shocked” by the proposal, which “was not the recommendation that had been briefed to the department.”

Still, Democratic lawmakers quickly denounced the department’s intervention in the Stone case, with Senate Minority Leader Chuck Schumer (D-N.Y.) calling Tuesday for an investigation by Justice Department Inspector General Michael Horowitz into the reversal.

Democrats’ condemnation continued Wednesday, as Sen. Richard Blumenthal (D-Conn.) demanded Barr’s resignation.

“I think that Attorney General Barr has no choice but to follow these dedicated prosecutors out the door,” he told MSNBC. “Because he’s acting simply as a henchman — a political operative — of the president, who’s always wanted the attorney general of the United States to be his Roy Cohn, his personal attorney.”

Blumenthal, who serves on the Senate Judiciary Committee, also said he had not heard back from that panel’s leader, Sen. Lindsey Graham (R-S.C.), regarding his request to probe the Justice Department’s actions.

Like Schumer, Blumenthal asked for Horowitz “to conduct an immediate, intensive investigation — because this kind of political interference is exactly the abuse of power, the dictatorial interference that we all ought to resist.”

Sen. Chris Coons (D-Del.), another member of the Senate Judiciary Committee, also had harsh words for the nation’s chief law enforcement officer.

“Bill Barr is demonstrating that he is not the attorney general for the people of the United States,” he told CNN. “He swore allegiance to the Constitution, not to one president, and I suspect it’s a tough day for a lot of career prosecutors in the U.S. Department of Justice. This is a critical moment for rule of law in our country.”

[Politico]

Trump pulls nomination of former US attorney in charge of Roger Stone case

President Trump pulled the nomination of a former US attorney who oversaw the prosecution of Roger Stone for a top position in the Treasury Department, according to a report.

The withdrawal of Jessie Liu’s nomination was revealed hours after four federal prosecutors withdrew from the Stone case — when the Justice Department overruled them and said it would seek a more lenient sentence for the longtime Trump ally, Fox News reported late Tuesday.

The prosecutors had been seeking a sentence of up to nine years in prison.

Liu, a former US attorney for Washington, DC, also supervised the case of one-time White House national security adviser Michael Flynn, who was found guilty of lying to the FBI about his contacts with Russian officials while working for the Trump campaign.

She was scheduled to begin her confirmation hearing in the Senate on Thursday.

If confirmed, Liu, 46, would have served as undersecretary for terrorism and financial crimes.

Trump previously had considered nominating her as associate attorney general, the No. 3 slot in the Justice Department, but she withdrew her name last March.

[New York Post]

DOJ set to lower Stone sentencing recommendation that was criticized by Trump

The Department of Justice (DOJ) on Tuesday is reportedly expected to change its sentencing recommendation for Roger Stone a day after telling a federal judge the Trump associate should serve between seven and nine years in prison, guidance that was sharply criticized by President Trump.

Department officials found prosecutors’ initial recommendation “excessive,” according to multiple news outlets, including The Washington Post, Fox News and The Associated Press, citing an anonymous department source.

Reports of the expected change came after Trump denounced the recommended prison term as “horrible and very unfair” in an early Tuesday morning Tweet.  

“The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!” Trump said, sharing a message from a Daily Caller reporter about Stone’s prison sentence.

Stone, a 67 year-old right-wing provocateur, was convicted in November of seven counts of obstructing and lying to Congress and witness tampering related to his efforts to provide the Trump campaign inside information about WikiLeaks in 2016.

Stone is scheduled to be sentenced on Feb. 20 by D.C. District Judge Amy Berman Jackson, an Obama appointee.

Prosecutors recommended in a Monday filing that Stone serve between 87 and 108 months in prison in accordance with federal guidelines.

“Roger Stone obstructed Congress’s investigation into Russian interference in the 2016 election, lied under oath, and tampered with a witness,” the DOJ court filing reads. “And when his crimes were revealed by the indictment in this case, he displayed contempt for this Court and the rule of law.”

Department prosecutors wrote that a sentence of up to nine years would “accurately reflect the seriousness of his crimes and promote respect for the law.”

Stone’s attorneys in a Monday night filing asked that the judge impose probation as an alternative to prison.

A Stone lawyer on Tuesday said the legal team had “read with interest” the new reporting on the DOJ’s shifting position.

“Our sentencing memo stated our position on the recommendation made yesterday by the government,” attorney Grant Smith told The Hill. “We look forward to reviewing the government’s supplemental filing.”

The department will reportedly clarify its recommendation on Stone’s sentencing later Tuesday.

[The Hill]

Trump praises China’s execution of drug dealers

President Donald Trump is campaigning on criminal justice reform efforts that reduce sentences for nonviolent offenders, while suggesting he’d like the American justice system to work more like ones in authoritarian countries where drug dealers are executed after “fair but quick” trials.

If those two things sound hard to square with each other, that’s because they are. But the contrast serves as an especially stark illustration of the incoherency at the core of Trumpism.

Just days after his Super Bowl ad and State of the Union speech highlighted his support for legislation that makes a modest effort to reduce prison sentences at the federal level, Trump on Monday said the best way to further reduce the quantity of fentanyl in the US is to follow China’s lead.

“States with a very powerful death penalty on drug dealers don’t have a drug problem,” Trump said during a White House event with governors. “I don’t know that our country is ready for that, but if you look throughout the world, the countries with a powerful death penalty — death penalty — with a fair but quick trial, they have very little if any drug problem. That includes China.”

(Trump made a number of other eyebrow-raising comments during the event, including saying of the coronavirus that “a lot of people think that goes away in April with the heat” and claiming the European Union “was really formed so they could treat us badly.”)

It should be noted that Trump’s claim about China and other authoritarian countries having “very little if any drug problem” is false. Records from the Chinese government indicate that there are more than 2.5 million officially registered drug users in the country, and that the total has increased significantly in recent years. (The real numbers are likely much higher since not all drug users have registered with the state.)

Drugs are prevalent in China in spite of the harsh punishments Trump alluded to. The Guardian reported in late 2017 that China “executes more people every year than the rest of the world combined, although the exact figure is not published and considered a state secret.” And the Chinese government executes people for nonviolent crimes, including, as Trump mentioned, drug dealing — and in some cases carries out executions in public. (Draconian measures taken by President Rodrigo Duterte in the Philippines have similarly failed to stamp out drug use there.)

But for those who watched Trump’s Super Bowl ad, seeing him laud countries that are remarkably harsh with drug offenders might seem off-key. That’s because the Super Bowl ad highlighted Trump’s June 2018 decision to pardon Alice Marie Johnson, who at the time was serving a life sentence in prison after she was convicted of conspiracy to possess cocaine and attempted possession of cocaine. Fast-forward eight days, and now Trump seems to be suggesting people like Johnson should be executed.

But Monday wasn’t the first time Trump has commended the Chinese government for its tough approach to drugs. Speaking to mayors at the White House late last month, the president sounded the same note:

And they’ve put in very strong penalties, and their penalties are really strong. You want to talk about penalties? Those are strict. (Laughter.) And their court cases go slightly quicker than ours. (Laughter.) Like — like one day. One day. They call them “quick trials.” They go quick. (Laughter.) They go so quick, you don’t know what happened. (Laughter.) Ours take 15 years; theirs takes one day. But he was — he’s been terrific on that. And we’re seeing a tremendous — a tremendous difference in the fentanyl.

Notably, in both instances Trump portrayed the suppression of individual rights and due process that’s part of the Chinese system as if not an improvement over the American system, then at least not significantly worse than what we have here. And Trump has also congratulated the Philippines’ Duterte for doing an “unbelievable job on the drug problem,” even though his violent crackdown has resulted in thousands of deaths.

Even Pompeo’s State Department acknowledges that China’s justice system is nothing to emulate

Beyond the specifics of what Trump thinks about how drug dealers should be dealt with, it’s bizarre to see the president of the United States praise the criminal justice system of a country where a million people are locked away in internment camps.

Trump doesn’t have to take it from me. His own State Department’s website notes that “[t]he Chinese legal system can be opaque and the interpretation and enforcement of local laws arbitrary. The judiciary does not enjoy independence from political influence.”

And with regard to drugs in particular, State notes that “[p]olice regularly conduct unannounced drug tests on people suspected of drug use and have been known to enter a bar or nightclub and subject all patrons to immediate drug testing.”

A politicized judiciary selectively enforcing laws and executing people for nonviolent crimes might sound bad to Americans who are mostly unaccustomed to such things. Trump, however, hasn’t tried to hide his affinity for authoritarian rulers or for the death penalty — not just for drug crimes but for other ones as well.

The jarring thing in this instance, however, is that as part of his efforts to win support from more than 6 percent of black voters in 2020, Trump is simultaneously pushing contradictory notions — that leniency for nonviolent offenders is good, and that nonviolent offenders should in some instances be put to death. In that way Trump’s comments about criminal justice echo a dynamic that has also manifested itself with regard to entitlement programs, which Trump is proposing to cut while at the same time telling people he will never cut them.

[Vox]

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