The Buck Stops With Barr

A great piece, from Kim Strassel, at WSJ, via Memeorandum, "The Weekend Interview: William Barr: ‘One Standard of Justice’":

The U.S. attorney general is meditating on one of his frustrations with the modern Justice Department: The outside world keeps moving faster; the wheels of justice ever more slowly. “Nobody wants to take responsibility anymore,” William Barr says with a hint of incredulity. “They wring their hands and push issues around the bureaucracy and trade memos for months.” His response: “Bring it to me! I’ll make the decision. That’s what I’m here for!”

If Mr. Barr, 70, dominated headlines over the past two years, it’s because he made a lot of tough calls. Special counsel Robert Mueller’s constitutionally dubious claims that President Trump committed obstruction of justice? No. An investigation of the 2016 Russia-collusion probe and the dismissal of charges against Mike Flynn ? Yes. New oversight of sensitive political investigations and surveillance of U.S. citizens? Yes. A criminal referral about Mr. Trump’s call to the Ukrainian president? No. Repeated demands—from the left and the right—for his department to engage in politics? No, no, no.

Consequential decisions have a way of annoying people—Democrats, Republicans, the staff, one’s boss—but Mr. Barr, who’d been attorney general before, from 1991-93, knew that going in. “I’m in a position in life where I can do the right thing and not really care about the consequences,” he told senators during his January 2019 confirmation hearing. In a 90-minute phone interview Tuesday—less than 24 hours after the announcement of his resignation, effective Dec. 23—he sounded his usual spirited self.

He reminds me why he took the job in the first place: “The Department of Justice was being used as a political weapon” by a “willful if small group of people,” who used the claim of collusion with Russia in an attempt to “topple an administration,” he says. “Someone had to make sure that the power of the department stopped being abused and that there was accountability for what had happened.” Mr. Barr largely succeeded, in the process filling a vacuum of political oversight, reimposing norms, and resisting partisan critics on both sides.

Mr. Barr describes an overarching objective of ensuring that there is “one standard of justice.” That, he says, is why he appointed U.S. Attorney John Durham to investigate the FBI’s 2016 Crossfire Hurricane probe. “Of course the Russians did bad things in the election,” he says. “But the idea that this was done with the collusion of the Trump campaign—there was never any evidence. It was entirely made up.” The country deserved to know how the world’s premier law-enforcement agency came to target and spy on a presidential campaign.

Mr. Barr says Mr. Durham’s appointment should not have been necessary. Mr. Mueller’s investigation should have exposed FBI malfeasance. Instead, “the Mueller team seems to have been ready to blindly accept anything fed to it by the system,” Mr. Barr says, adding that this “is exactly what DOJ should not be.”

Mr. Durham hasn’t finished his work, to the disappointment of many Republicans, including the president, who were hoping for a resolution—perhaps including indictments—before the election. Mr. Barr notes that Mr. Durham had to wait until the end of 2019 for Inspector General Michael Horowitz to complete his own investigation into the FBI’s surveillance. Then came the Covid lockdowns, which suspended federal grand juries for six months. Mr. Durham could no longer threaten to subpoena uncooperative witnesses.

“I understand people’s frustration over the timing, and there are prosecutors who break more china, so to speak,” Mr. Barr says. “But they don’t necessarily get the results.” Mr. Durham will, and is making “significant progress,” says Mr. Barr, who disclosed this month that he had prior to the election designated Mr. Durham a special counsel, to provide assurance that his team would be able to finish its work. The new designation also assures that Mr. Durham will produce a report to the attorney general. Mr. Barr believes “the force of circumstances will ensure it goes public” even under the new administration.

The biggest news from Mr. Durham’s probe is what he has ruled out. Mr. Barr was initially suspicious that agents had been spying on the Trump campaign before the official July 2016 start date of Crossfire Hurricane, and that the Central Intelligence Agency or foreign intelligence had played a role. But even prior to naming Mr. Durham special counsel, Mr. Barr had come to the conclusion that he didn’t “see any sign of improper CIA activity” or “foreign government activity before July 2016,” he says. “The CIA stayed in its lane.”

Mr. Barr says Mr. Durham’s probe is now tightly focused on “the conduct of Crossfire Hurricane, the small group at the FBI that was most involved in that,” as well as “the activities of certain private actors.” (Mr. Barr doesn’t elaborate.) Mr. Durham has publicly stated he’s not convinced the FBI team had an adequate “predicate” to launch an investigation. In September, Director of National Intelligence John Ratcliffe declassified a document showing that the FBI was warned in 2016 that the Hillary Clinton campaign might be behind the “collusion” claims.

Mr. Barr says Mr. Durham is also looking at the January 2017 intelligence-community “assessment” that claimed Russia had “developed a clear preference” for Mr. Trump in the 2016 election. He confirms that most of the substantive documents related to the FBI’s investigation have now been made public.

The attorney general also hopes people remember that orange jumpsuits aren’t the only measure of misconduct. It frustrates him that the political class these days frequently plays “the criminal card,” obsessively focused on “who is going to jail, who is getting indicted.”

The American system is “designed to find people innocent,” Mr. Barr notes. “It has a high bar.” One danger of the focus on criminal charges is that it ends up excusing a vast range of contemptible or abusive behavior that doesn’t reach the bar. The FBI’s use “of confidential human sources and wiretapping to investigate people connected to a campaign was outrageous,” Mr. Barr says—whether or not it leads to criminal charges.

Also outrageous, in Mr. Barr’s view, was the abuse of power by both the FBI and the Mueller team toward Mr. Trump’s associates, especially Mr. Flynn...

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