Category: Law and Order

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]

Trump pardons and reinstates three more war criminals against his own DOD

U.S. President Donald Trump on Friday pardoned two Army officers accused of war crimes in Afghanistan and restored the rank of a Navy SEAL platoon commander who was demoted for actions in Iraq, a move critics have said would undermine military justice and send a message that battlefield atrocities will be tolerated.

The White House said in a statement Trump granted full pardons to First Lieutenant Clint Lorance and Major Mathew Golsteyn, and ordered that the rank Edward Gallagher held before he was convicted in a military trial this year be restored.

“For more than two hundred years, presidents have used their authority to offer second chances to deserving individuals, including those in uniform who have served our country. These actions are in keeping with this long history,” the statement said.

A Pentagon spokesperson said the Department of Defense has confidence in the military justice system.

“The President is part of the military justice system as the Commander-in-Chief and has the authority to weigh in on matters of this nature,” the spokesperson said.

In recent weeks, Pentagon officials had spoken with Trump about the cases, provided facts and emphasized the due process built into the military justice system.

The White House said in a statement Trump granted full pardons to First Lieutenant Clint Lorance and Major Mathew Golsteyn, and ordered that the rank Edward Gallagher held before he was convicted in a military trial this year be restored.

“For more than two hundred years, presidents have used their authority to offer second chances to deserving individuals, including those in uniform who have served our country. These actions are in keeping with this long history,” the statement said.

A Pentagon spokesperson said the Department of Defense has confidence in the military justice system.

“The President is part of the military justice system as the Commander-in-Chief and has the authority to weigh in on matters of this nature,” the spokesperson said.

In recent weeks, Pentagon officials had spoken with Trump about the cases, provided facts and emphasized the due process built into the military justice system.

But presidents have occasionally granted pardons preemptively to individuals accused of or suspected of a crime.

The most famous such case was the blanket pardon President Gerald Ford bestowed on his predecessor, Richard Nixon, after Nixon’s resignation during the Watergate scandal in 1974.

[Reuters]

Trump Champions Faulty Legal Analysis From Fox News Commentator

Following the release of the Justice Department Inspector General’s report pertaining to the conduct of James Comey’s handling of government information, President Donald Trump has been relentlessly attacking the former FBI director. Despite the IG finding that Comey’s conduct violated FBI regulations but not any criminal statutes, Trump on Friday reiterated his belief that Comey should have been charged criminally, a conclusion which appears to be based on a fundamental misunderstanding of the relevant law.

“’They could have charged Comey with theft of government documents, 641 of the Criminal Code, because the IG found these were not his personal documents, these were government documents,’” Trump tweeted Friday, quoting from an article written by attorney and Fox News legal analyst Gregg Jarrett. “Comey’s claim that these were just his own personal recollections would not pass the laugh test, and the Inspector General just knocked that down.’”

While 18 U.S.C. 641 does make it a crime to “steal or knowingly convert” a government record “with intent to convert it to his use” or to convey it to another without authority, as Jarrett wrote, it is also only a part of any relevant analysis of the statute. Jarrett is a former defense attorney and adjunct law professor.

Attorney Bradley P. Moss, who specializes in national security, federal employment and security clearance law, responded by pointing out that the cited law is inapplicable to the circumstances at issue.

Moss is referring to the DOJ’s Resource Manual explanationdescribing the parameters of how 641 should and should not be applied, and reads as follows:

“[T]he [DOJ] Criminal Division believes that it is inappropriate to bring a prosecution under 18 U.S.C. § 641 when: (1) the subject of the theft is intangible property, i.e., government information owned by, or under the care, custody, or control of the United States; (2) the defendant obtained or used the property primarily for the purpose of disseminating it to the public; and (3) the property was not obtained as a result of wiretapping, (18 U.S.C. § 2511) interception of correspondence (18 U.S.C. §§ 1702, 1708), criminal entry, or criminal or civil trespass.”

According to Moss, Comey’s conduct clearly aligns with the exceptions laid out in the guidelines.

“Under this DOJ policy (which is not binding and could be ignored as a matter of discretion), the Comey Memoranda qualify as ‘intangible’ given that they exist solely as a memorialization of Comey’s conversations with the president,” Moss wrote in an email to Law&Crime explaining why the first prong of the guidelines in applicable to Comey’s conduct (the second and third prongs are self-evident).

Furthermore, the DOJ policy is specifically designed to protect whistle-blowers, stating that, “a government employee who, for the primary purpose of public exposure of the material, reveals a government document to which he or she gained access lawfully or by non-trespassory means would not be subject to criminal prosecution for the theft.”

Moss explained that while the criteria for defining a whistleblower is “malleable,” the section is essentially applicable to all persons seeking to divulge non-classified information for the purpose of informing the American public.

“The core premise is that Section 641 should not be used to prosecute unauthorized disclosures of information to the press that were done for transparency reasons,” Moss wrote, adding, “This policy in no way suggests prosecution is unwarranted under different statutory provisions if the information was classified, of course.”

[Law and Crime]

Trump’s Unpardonable Admission About His Border Wall

Disagreements about what the law really means are unavoidable. Congress passes laws, government agencies interpret them, advocates dispute those interpretations, and then the courts step in to resolve the arguments.

But that’s not what’s happening with President Trump’s latest push on his border wall. The Washington Post reports that Trump is frantically urging aides to get construction on his border wall underway, overriding their objections that this might require breaking environmental laws, violating contracting rules, or improperly claiming private land. Why? Not because he believes his wall is necessary for national security. Not because he believes he is right about the law, and his aides’ concerns are misplaced. He doesn’t even believe the wall will actually solve an immigration crisis. Trump is urging action on the wall because he believes it is necessary for him to win reelection.

The tell here is that, as the Post reports, Trump “has told worried subordinates that he will pardon them of any potential wrongdoing should they have to break laws to get the barriers built quickly, those officials said.”

Running for office, Trump said he would build a wall and Mexico would pay for it, a claim he quickly abandoned. When Congress repeatedly refused to give him money for the wall, he mounted an end-run around Congress, declaring a national emergency. Because Congress has unwisely delegated some of its powers to the president through the National Emergencies Act, he may succeed in defeating legal challenges, since courts tend to give the executive wide latitude to determine what is and isn’t a national emergency.

But Trump keeps undermining the legal rationale for his action. As the Postreports:

Trump conceded last year in an immigration meeting with lawmakers that a wall or barrier is not the most effective mechanism to curb illegal immigration, recognizing it would accomplish less than a major expansion of U.S. enforcement powers and deportation authority. But he told lawmakers that his supporters want a wall and that he has to deliver it.

Other Trump moves also show how unseriously he treats the idea that the wall is a necessary response to a national emergency, and not an enormously expensive campaign prop. He has repeatedly overruled suggestions made by officials because he wants the wall to look a certain way. Trump insists that the wall be painted black and be topped with spikes, even though this will add to the expense, reducing the number of miles that current funds can be used to build. And although the Department of Homeland Security favors including flat panels that can deter climbers, Trump thinks they look too ugly.

This is part of a pattern: Trump declares some far-fetched objective. Administration lawyers concoct a tortured legal rationale to justify it. And then Trump makes clear how pretextual that rationale is. Perhaps the first example was the president’s Muslim ban, but the pattern has repeated itself ever since.

The dangled pardons are especially galling because they underscore how Trump prioritizes winning reelection at any cost over actually following the laws he swore to uphold in his oath of office. Asked about the pardon suggestion by the Post, a White House aide didn’t deny it, but “said Trump is joking when he makes such statements about pardons.”

Well, maybe. The Trump administration has a long record of making outrageous statements and then insisting after the fact that they were only kidding. Beyond that, the president has already on at least one occasionpromised a pardon to a Customs and Border Patrol official if he was convicted of a crime, and he has also demonstrated his willingness to hand out politically motivated, manifestly undeserved pardons.

Pushing hard to build a border wall carries other dangers for Trump. Though he has had great success in reorienting the Republican Party around some of his other priorities, especially trade, eminent domain remains a controversial and widely disliked maneuver that could alienate conservatives along the border. But the president may be right that actually building the wall is crucial for his reelection effort, and his failure to actually build a single mile of new fencing—as opposed to upgrading current barriers—is a huge political problem for him.  (Even the hurry-up effort described in the Post is relatively insignificant: Only 110 of the 450 miles officials say they’ll finish by Election Day 2020 are new, while the rest replaces existing fencing.)

Trump is not the first president willing to knowingly break the law to win reelection. He is, however, unusually open about it. If the wall gambit works, it will reinforce the idea that lawbreaking is an effective campaign tactic, and that politics comes before fidelity to the Constitution.

The real threat to the national security of the United States isn’t on the southern side of the Mexican border.

[The Atlantic]

The Trump Administration Is Bringing Back Federal Executions After 16 Years

The Trump Administration plans to resume federal executions, reversing a 16-year-long de facto moratorium on the death penalty within the Department of Justice.

Attorney General William Barr instructed the Bureau of Prisons on Thursday to schedule executions of five death-row inmates, who he said were convicted of “murdering, and in some cases torturing and raping, the most vulnerable in our society — children and the elderly.” The federal government has carried out three executions since the death penalty was reinstated in 1988: two in 2001 and one in 2003. 

But it’s not clear whether the federal government has successfully obtained the drugs required to perform lethal injections in the midst of a nationwide shortage.

“Congress has expressly authorized the death penalty through legislation adopted by the people’s representatives in both houses of Congress and signed by the president,” Barr said in a statement. “The Department of Justice has sought the death penalty against the worst criminals, including these five murderers, each of whom was convicted by a jury of his peers after a full and fair proceeding.”

Thursday’s announcement bucks a national trend toward phasing out the death penalty entirely. Faced with a shortage of lethal injection drugs, states have tried to experiment with untested cocktails of chemicals — and even kept some of the details secret. But trying to circumvent the shortage has led to botched executions in some instances and lawsuits questioning the humanity of new protocols. 

As a result, the number of annual executions has declined in recent years — and public opinion has increasingly swung in favor of doing away with capital punishment entirely. 

Some states have even adjusted their protocols to allow death row inmates to choose alternate methods of execution. Last December, an inmate in Tennessee died by electric chair at his request.

Sixty-two inmates currently wait on federal death row. Among them is Dylann Roof, a white supremacist who killed nine black parishioners when he opened fire on a church in Charleston, South Carolina, in 2015

Only 25 states still have the death penalty on the books, but just eight states carried out executions in 2018. So far this year, governors in four states — California, Colorado, Oregon and Pennsylvania — have placed moratoriums on their state’s death penalty. New Hampshire also abolished the death penalty entirely in 2019, just months after Washington, which scrapped capital punishment last October

[Vice]

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