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Mon May 24, 2021, 11:14 PM

U.S. Justice Department appeals order faulting former U.S. Attorney General Barr.

Source: Reuters

The U.S. Justice Department on Monday said in a court filing it would appeal a court decision faulting former U.S. Attorney General William Barr's handling of the 2019 special counsel report on then-President Donald Trump, a move congressional Democrats had opposed.

U.S. District Judge Amy Berman Jackson had given the Justice Department until May 24 to appeal a decision she issued earlier this month that faulted Barr for how he publicly summarized Special Counsel Robert Mueller's 2019 report. As part of her ruling, she ordered the release of a related internal memo.

A group of U.S. Senate Democrats on May 14 urged U.S. Attorney General Merrick Garland not to appeal Jackson's decision, saying in a letter that Barr's actions need to be exposed quickly.

Read more: https://www.reuters.com/world/us/us-justice-department-appeals-order-faulting-former-us-attorney-general-barr-2021-05-25/



'In a motion filed late Monday, the deadline for deciding whether it would comply with the judge's decision or appeal it, the Justice Department said that it continued to believe even in the new administration that the full document was exempt from disclosure.

Though it agreed to release one section of the document, it asked Jackson to put her order on hold so a federal appeals court could review her order mandating the release of the entire memo.

At issue is an Office of Legal Counsel memo that was prepared for Barr to evaluate whether the evidence collected in special counsel Robert Mueller's investigation could support an obstruction of justice prosecution of the president. Barr has said he relied on that opinion in reaching the conclusion that Trump did not illegally obstruct the Russia probe. . .

In its motion Monday, Justice Department lawyers said the government never meant to mislead the court but acknowledged that some of its language could have been clearer.

The department said the decision before the attorney general was not whether to indict Trump since the prosecution of a sitting president is against longstanding Justice Department policy. Rather, the question that the memo set out to address was whether the facts gathered by Mueller would warrant prosecution.

"The Attorney General's determination on that point -- and on what, if anything, to say to the public about that question -- undoubtedly qualifies as a decision, even if it could not have resulted in an actual prosecution of the sitting President," Justice Department lawyers wrote.'

https://www.kiro7.com/news/politics/justice-dept-appeals/RCEQYVYQZZHYMSWQWMYY6KF37Q/

Some perspective, from Glenn Kirschner:

https://www.democraticunderground.com/1017658534

21 replies, 2859 views

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Reply U.S. Justice Department appeals order faulting former U.S. Attorney General Barr. (Original post)
elleng May 2021 OP
BigmanPigman May 2021 #1
dem4decades May 2021 #5
DavidDvorkin May 2021 #2
Jose Garcia May 2021 #13
choie May 2021 #17
Jay25 May 2021 #19
Hoyt May 2021 #3
kimbutgar May 2021 #4
cilla4progress May 2021 #6
elleng May 2021 #7
msfiddlestix May 2021 #8
More_Cowbell May 2021 #9
Mr. Sparkle May 2021 #10
Lonestarblue May 2021 #14
2Gingersnaps May 2021 #15
oldsoftie May 2021 #11
elleng May 2021 #20
bucolic_frolic May 2021 #12
PortTack May 2021 #16
choie May 2021 #18
elleng May 2021 #21

Response to elleng (Original post)

Mon May 24, 2021, 11:18 PM

1. Neal Katyal was on MSNBC and he isn't happy about this.

He said it'll take a year to get to the appeal of this. I don't understand why the DOJ did this unless it is to protect thsir own memos in the future.

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Response to BigmanPigman (Reply #1)

Mon May 24, 2021, 11:24 PM

5. So then don't write any memos that shouldn't see the light of day.

This is bullshit, secret government actions shouldn't happen.

Big disappointment.

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Response to elleng (Original post)

Mon May 24, 2021, 11:18 PM

2. Damn. I wonder why.

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Response to DavidDvorkin (Reply #2)

Tue May 25, 2021, 08:09 AM

13. Because the current administration would like to keep its own secrets and

doesn't want a precedent set.

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Response to Jose Garcia (Reply #13)

Tue May 25, 2021, 05:06 PM

17. unfortunately - this

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Response to Jose Garcia (Reply #13)

Tue May 25, 2021, 05:23 PM

19. If republicans end up controlling Congress, they are going to go after this administrations

secrets and everything else they can find.

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Response to elleng (Original post)

Mon May 24, 2021, 11:21 PM

3. So, what new are we expecting or hoping for in this memo?

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Response to elleng (Original post)

Mon May 24, 2021, 11:22 PM

4. Maybe release it at a more opportune time like during the 2022 election

The Democratic Party needs to toughen up and fight like repukes.

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Response to elleng (Original post)

Mon May 24, 2021, 11:46 PM

6. Later tweets said only a partial appeal.

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Response to cilla4progress (Reply #6)

Mon May 24, 2021, 11:49 PM

7. 'Though it agreed to release one section of the document, it asked Jackson to put her order on hold

so a federal appeals court could review her order mandating the release of the entire memo.'

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Response to elleng (Original post)

Tue May 25, 2021, 01:12 AM

8. I'm almost numb. Of course this is what the DOJ did

totally consistent with our glorious INJUSTICE System.

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Response to elleng (Original post)

Tue May 25, 2021, 03:42 AM

9. I want to know why the DOJ waited until the very last minute to file its appeal

Even if there's some not-terrible reason, waiting until the last minute is shady AF.

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Response to elleng (Original post)

Tue May 25, 2021, 06:01 AM

10. Its a bad start for Merrick Garland, in dealing with major decisons he is going to face over

the coming months. One of my concerns with his appointment was his mild manner would leave the gop off the hook after these last four years, in the best interests of looking forward. We went down that path with the George Bush presidency and it gave us the disaster that was Trump.

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Response to Mr. Sparkle (Reply #10)

Tue May 25, 2021, 08:35 AM

14. That was my concern as well.

After the Senate vote to acquit Trump, Mitch McConnell practically invited the DOJ to investigate Trump and his actions leading to January 6. Yet no such investigation has been announced. The Mueller report documented 10 cases of Trumpís obstruction of justice and said in testimony to the Senate that he could be indicted for those after leaving office. No indictments.

I know Biden just wants to move on and has said he will not influence DOJ decisions, but itís a really bad message to send that the level of corruption and obstruction practiced throughout the Trump administration will just be ignored and no one will be held accountable. A future Republican president will be even worse, knowing there is no accountability.

Two more things also need to happen. The DOJ needs to issue a new opinion that a sitting president can be indicted for serious crimes like obstruction and bribery. Then Congress need to pass a law saying the same to make sure the next Republican administration canít easily reverse it.

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Response to Mr. Sparkle (Reply #10)

Tue May 25, 2021, 08:40 AM

15. We went down that path with Nixon

and it gave us Iran/Contra (which Bill Barr also took liberties with) and THEN W and WMD. When does it stop? How do we ever get that "more perfect Union" if our government refuses to own it's mistakes? (If not downright crimes? More than a few of which we obviously have not learned from?)

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Response to elleng (Original post)

Tue May 25, 2021, 06:53 AM

11. There must be a reason for this. I wish they'd tell us WHY

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Response to oldsoftie (Reply #11)

Wed May 26, 2021, 05:27 AM

20. Glenn Kirschner's 'explanation'

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Response to elleng (Original post)

Tue May 25, 2021, 07:06 AM

12. I think they're defending their boundaries and don't want to establish precedent

There are reasons to keep many things shielded from public view. Whatever the merits of release on this item, it might drag other into the outflow bin.

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Response to elleng (Original post)

Tue May 25, 2021, 11:01 AM

16. John Q. Public does get to be privy to everything and I'm sure with good reason

The next to the last paragraph gives their reasoning...we will have to wait and see where this goes. In the meantime...please, letís not roast Merrick Garland

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Response to PortTack (Reply #16)

Tue May 25, 2021, 05:08 PM

18. Why are you "sure with good reason"?

Don't we have a right to know what the hell is going on in our government?

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Response to PortTack (Reply #16)

Wed May 26, 2021, 05:28 AM

21. No 'roasting' here:

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