Barr's Appointment Of John Durham As Special Counsel Appears To Be Illegal

[applegrove]

BY JASON EASLEY at PoliticusUSA

Barr’s Appointment Of John Durham As Special Counsel Appears To Be Illegal

https://www.politicususa.com/2020/12/01/barr-illegal-durham-appointment.html

"SNIP......

Rep. Jerry Nadler (D-NY) said that Barr’s appointment of Durham as a special counsel violated DOJ rules.

Chairman Nadler said in a statement provided to PoliticusUSA:

This order only further erodes the credibility of the Justice Department under Attorney General Barr’s tenure. On its face, this appointment appears to violate the Department’s own regulations—which stipulate, among other requirements, that ‘the Special Counsel shall be selected from outside the United States Government.’ The sitting U.S. Attorney for the District of Connecticut is simply not eligible for the job. In addition, the Attorney General has provided no real explanation for his decision to appoint a Special Counsel when he did, or for his decision to delay notification to Congress until today.

......SNIP"

[beachbumbob]

1. who ever gets appointed can be "unappointed", this is big deal about nothing

[jaxexpat]

12. The big deal is that this or any other action by Barr or any other Trump supporter....

that has, even only, propaganda value against Biden or the Democratic platform MUST be swatted down as quickly, loudly and publicly as possible.

At this time JUSTICE occupies an island in a sea of rabid morons who want NOTHING less than the total annihilation of things they're too goddamned stupid to understand. That position is precarious and ANY loss of acreage has the potential to bring the whole thing toppling into that sea, where it will surely drown. The ONLY thing we can assume to take casually are a few precious moments during re-entrenchment when breaths are caught and heartrates normalize. No one is so secure, so filled with mental accuity, no matter how accustomed to their powers of observation and persuasion proving adequate to persevere. While these monsters roam freely none can be assured of even a small, desperate purchase upon which to rest or a small time in which to enjoy it.

Or we could just make a good faith down payment in 2022 and give the rest to them in 2024 so they'll stop being so mean.

[beachbumbob]

21. again does not matter as all things will be used as propaganda so Biden has to do what is the right

AND SMART. If democrats have to worry about propaganda aspects then they might as well leave politics

[jaxexpat]

26. No problem with that. But I think the president elect should act quickly, publicly and ruthlessly.

I've watched Democrats from Ted Kennedy to Hillary Clinton lose their shots to mishandled media. Losing their support from average people over the machinations of others who have gotten away with their lies while hiding in the shadows and below the fold. For 50 years I've watched this parade of near misses while frauds like Reagan and his kind pervert the whole thing and point our attention at whatever they've drummed up to screen the facts. At this stage it's pretty clear to me that our approach has problems. We gain the three to lose two or four from every victory. With the tide carrying trumpism out and the GOP at odds with its alter ego we are given a rare opportunity. Take fox out at any cost. Nothing can be done without that. Democrats must out headline them. Acknowledge problems, set them at the GOPs feet and scream for justice and celebrate their every defeat 24/7.

[beachbumbob]

27. we need leaders not afraid to take on the fight with harsh aggression and I have no hope in that

with watching 50+ years of politics. We need the kill instinct that our opponents have and use to fuel their successes. Until we all realize that offering facts HAS NO impact on our opposition, we must move in another direction.

[ResistantAmerican17]

2. Worst. Criminal. Gang. Ever.

[malaise]

15. THIS

is the truth

[dixiegrrrrl]

24. Thank god for small favors. n/t

[ResistantAmerican17]

25. No kidding. If any of these schmoes were even half wits we'd all be dead by now.

[servermsh]

3. Note that there is some disagreement about this

I'll defer to the lawyers to figure it out.

Link to tweet

[onenote]

7. He can't have it both ways.

Last edited Wed Dec 2, 2020, 11:15 AM - Edit history (1)

Barr can't claim to have appointed Durham to be a "Special Counsel" and not have the rules governing the qualifications for being a Special Counsel apply or only have some of those rules apply. Either one is a "Special Counsel" as referred to in the DOJ regulations or one isn't. If Durham isn't a "Special Counsel" governed by the regulations, then he is just a US Attorney who has been given a specific assignment by the Attorney General. And if that's the case, then Durham, like any other US Attorney, can be relieved of his position by President Biden for any reason or no reason.

Durham already was a US Attorney acting pursuant to a special assignment from Barr. There is no reason to name him a "Special Counsel" unless it is to give him the rights and protections afforded a "Special Counsel" -- and those rights and protections only apply to a Special Counsel who meets the qualification requirement in the DOJ rules.

In short, the argument that Durham is and is not a Special Counsel is too cute by half.

[yonder]

10. +1.

[Eyeball_Kid]

22. Watch what happens.

Barr knew that the appointment was illegal, but he believes that Trump's fanbase won't care. So when Durham is relieved of his special counsel appointment, Trump's fanbase will cry foul and blame the deep state. This is all so predictable. Barr sold his integrity at bargain basement prices. Barr doesn't believe in the Rule of Law either. If he did, he'd be focusing on Michael Flynn's call for sedition. But Flynn is a free agent who is apparently immune from prosecution for ANY reason. So off he goes, urging Trump to seize power by suspending the Constitution and DICTATING to the nation.

[dem4decades]

4. Durham needs to be out of the Justice Department, he is now contaminated by Barr. Too bad

threw away a well thought of career for these criminals.

[Iliyah]

5. First and foremost . . .

why would Durham agree to this? I mean he is suppose be a outstanding "neutral" prosecutor and as of yet found no underlying case.

Scratches head on this one.

Also, such appointed has to be appointed outside of the DOJ and you would think Durham would know this.

[Eyeball_Kid]

23. Both Barr and Durham know that Durham's appointment is impossible to realize.

Barr is calculating that Trump's fanbase will go ballistic when Durham is relieved of his post. It's another way to keep Trump's base engaged and livid.

At the same time, Barr is allowing for the "bribery-for-pardons" scandal to go forward. Go figure.

[TNNurse]

6. Barr did something not legal???

Say it isn't so.

[George II]

8. No doubt it is. But if everyone keeps quiet about it until January 20, then Biden can dismiss him..

....without any political backlash. "It wasn't a proper appointment!"

[randr]

9. He is only throwing a bone for the Orange One

[edhopper]

11. Will Biden play hardball here?

He can dismiss Durham and close the office, let it go through the courts if they want to challenge it. If the SCOTUS says it needs to be reinstated, appoint someone else and don't give them a staff.

[jaxexpat]

13. I like this approach.

Makes the SCOTUS to be the bad actor. Which it (5 or 6) to (4 or 3) will be.

[ScratchCat]

16. Who do you think has standing

To challenge a dismissal of a Special Counsel in court? The Special Counsel?

The new AG will sit down with Durham, ask him a few questions, go over what he found and then close the investigation. Keep in mind, REPUBLICANS on in The Senate and House were taken aback when the DOJ announced a "criminal inquiry" when they all said they had seen no such evidence of criminality by investigators. Durham will have to admit that the investigation was created at the direction of Donald Trump with the purpose of helping him politically and to shift the focus away from what Russia and Putin did. Then the AG shuts it down.

[edhopper]

17. Thanks for that

I have read that it is hard to dismiss him, but what you say makes sense.

[ScratchCat]

20. Those saying it "would be hard for Biden to dismiss him"

Are saying this from a political angle, pretending the investigation is a)legitimate and b)related to Joe Biden or those related to Biden. It is neither. The GOP has no investigation power and no impeachment power. They can pound their fists all day but can't do anything.

All they have to do is hold a press conference, go over what the Senate and House concluded, go over Durham's admission that the origin of the investigation was for corrupt purposes and then end it.

FWIW, it does sound to me that Durham isn't eligible to be SC, so that probably end it as well.

I'll say it again - this investigation was NOT supported by Republicans on the Senate and House committees who investigated the matter. Not that it matters to those hypocrites, but this did not have support from anyone outside the WH except the sycophants like Ron Johnson and such.

[BobTheSubgenius]

14. I can't get away from the idea that time is so short for this administration.

Unless he was appointed with a specific and nefarious task in mind, what harm can he do? Little gets done in DC at this time of year, but maybe that's what they're counting on.

And it's also possible that, if this is that egregious an appointment, some critic or critics from the Ds could create enough interference to run out the clock. I'm not sure where the 2 minute warning is, but it can't be far off.

[edhopper]

19. What harm?

Look where the Whitewater investigation ended. The SC has wide latitude.
It needs to be shut down.

[dalton99a]

18. Kick