MSNBC’s Ari Melber confronts Senate candidate Joe Arpaio over his immigration record and fact checks Arpaio’s claim that accepting President Trump’s pardon doesn’t mean he’s guilty. The Supreme Court ruled otherwise as Melber explains on The Beat.
Chad F. Wolf is the acting Secretary of Homeland Security and Under Secretary of Homeland Security for Strategy, Policy, and Plans. He previously served in several positions in the Department of Homeland Security (DHS), including as Chief of Staff of the Transportation Security Administration and Chief of Staff to DHS secretary Kirstjen Nielsen. He was an architect of the Trump administration’s family separation policy.
From 2005 to 2016, he was a lobbyist, helping clients to secure contracts from the Transportation Security Administration, his previous employer.
Education and early career
Wolf is originally from Plano, Texas. He graduated from Plano East Senior High School and then attended Collin College on a tennis scholarship. Wolf then earned a B.S. in U.S. history from Southern Methodist University.
He worked as a staffer for Republican Senators Phil Gramm, Kay Bailey Hutchison, and then Chuck Hagel, for whom he worked for two and a half years. From 2002 to 2005, Wolf worked in the Transportation Security Administration (TSA), becoming Assistant Administrator for Transportation Security Policy in 2005. From October 2005 to 2016, he was Vice President and Senior Director at Wexler & Walker, a now-defunct lobbying firm. He helped clients obtain contracts from the TSA, his previous employer.
Return to Department of Homeland Security
In 2018 he became Chief of Staff of DHS under Secretary Kirstjen Nielsen. While working for Nielsen, he was an early architect of the family separation policy. He later testified to Congress that his function was to provide information to the Secretary and “not to determine whether it was the right or wrong policy,” though he agreed with the decision to end the policy. He also testified that he was not involved in the initial development of the policy by the Executive Office of the President and the Attorney General, though this statement was disputed based on internal documents.
He then became Assistant Secretary of Homeland Security for Strategy, Plans, Analysis & Risk, a Senior Executive Service position not subject to Senate confirmation. He concurrently served as Acting Under Secretary of Homeland Security for Strategy, Policy, and Plans. He was nominated in February 2019 to serve permanently in the Under Secretary role, and his confirmation hearing was held that June, but the nomination was delayed by Senator Jacky Rosen to protest poor conditions for children at DHS facilities.
Wolf’s appointment as Acting Secretary of Homeland Security came after the departure of Kevin McAleenan was announced on November 1, 2019. The fact that he had previously lobbied for the National Association of Software and Services Companies, which was in favor of the H-1B visa program, led to criticism from groups favoring more restrictive immigration policies, but the Trump administration defended his record and privately asked Republican senators not to oppose his appointment.
The administration waited for Wolf’s confirmation as Under Secretary before appointing him to the Acting Secretary role, to avoid appointing him as a principal officer from a non-Senate-confirmed position, which many scholars and former government officials have argued is unconstitutional. DHS then had to move the Under Secretary position earlier in the line of succession, because the 210-day period in which an acting official may be named without a pending permanent nomination had expired, mandating that the duties of the Secretary must be performed by the department’s seniormost confirmed official.
Wolf was confirmed as Under Secretary on November 13, 2019 on a 54–41 vote, and was sworn in as acting Secretary of Homeland Security the same day. On November 15, House Democrats Bennie Thompson and Carolyn Maloney requested that the Comptroller General of the United States review the legality of Wolf’s appointment on the basis that former Acting Secretary McAleenan did not have authority to change the department’s line of succession, asserting that former Secretary Nielsen had not properly placed McAleenan first in the line of succession before resigning, and additionally that McAleenan’s change came after the 210-day limit to his authority had expired.
In February 2020, Wolf announced that the Trump administration was revoking New York residents’ ability to participate in Global Entry and other Trusted Traveler programs, in response to the state’s “sanctuary” immigration policies, which jeopardized the government’s ability to effectively vet travelers. The move prompted the State of New York to sue the administration.
In July 2020, Wolf sent federal agents dressed in camouflage and tactical gear to Portland, Oregon, where the agents used tear gas on protestors and pulled protestors into unmarked vehicles. The agents did not have obvious marking or identification. In the past, far-right militias had worn camouflage and tactical gear in clashes with other protestors in Portland, which sowed confusion. Oregon Governor Kate Brown described the action as “abuse of power,” and accused Wolf of “provoking confrontation for political purposes.” Portland mayor Ted Wheeler said it was “an attack on our democracy.” Wolf said the protestors were a “violent mob” and “violent anarchists.” The New York Times reported that an internal DHS memo had been presented to Wolf which said prior to the deployment that the federal agents in question had not been specifically trained in riot control or mass demonstrations.
Wolf is married and has two sons.
Former Mueller team member Assistant US Attorney Aaron Zelensky testifies to Congress about AG Bill Barr’s corrupt abuse of the criminal justice system. Barr and his lackey US Attorney Tim Shea direct the prosecutors on Roger Stone’s case to go easy on Stone because of Stone’s relationship with Donald Trump. Zelensky and the other Stone prosecutors resign from the case rather than take part in Barr and Shea’s unethical scheme.
The attorney general undermined the rule of law by forcing out Geoffrey Berman, the United States attorney in Manhattan.
President Trump has long made clear that, for him, “rule of law” is a limited-utility slogan. By word and deed, he has demonstrated his belief that the law exists to serve him, personally and politically.
He has pressured individuals and institutions to pervert their usual independent government missions to comply with a mandate of pure self-interest to protect the president and his friends and pursue the president’s adversaries. This explains Mr. Trump’s ire at his former attorney general, Jeff Sessions, for recusing himself from the Russia investigation; recusal made the protection part of the mandate harder to accomplish.
It also explains the president’s conduct at the heart of impeachment — using the diplomatic and financial levers of government to coerce Ukraine into announcing a damaging investigation of Joe Biden, his chief political rival. The episode is what the former Russia adviser Fiona Hill disparagingly referred to in her testimony as “a domestic political errand.”
Mr. Trump’s latest domestic political errand involves the office I led for almost eight years — the United States Attorney’s Office for the Southern District of New York in Manhattan, commonly known as S.D.N.Y., a place where politics is supposed to be off limits. The United States attorney, Geoffrey Berman, was fired on Saturday in a manner and under circumstances that warrant criticism and scrutiny.
To understand the uproar over the termination in legal circles, some context helps. S.D.N.Y. is famously and proudly independent. It embraces its nickname, the “Sovereign District of New York,” as a badge of honor. Sovereign, in the understanding of those who have served there, does not mean rogue. It signifies respect for law and scorn for political considerations. Republicans and Democrats are equally in the cross hairs.
The career lawyers are hired without knowledge of their politics or ideology. Mary Jo White, the U.S. attorney who hired me to be a prosecutor, opened an investigation of Bill Clinton, the president who appointed her, after he pardoned the fugitive financier Marc Rich. Such independent action would seem beyond this president’s comprehension.
That same commitment to independence is why I did not return President Trump’s unusual phone call to me in March 2017, after which he fired me.
The importance of reputational independence isn’t codified in a rule or a statute, but it is rightly embedded in the DNA of any worthy law enforcement institution for a simple reason: That independence gives comfort to the public that decisions about life and liberty will not be influenced by politics or partisan interests, that those decisions will not depend on an individual’s identity, wealth, fame, power or closeness to a president — every judgment rendered without fear or favor, as the oath commands.
It is this independence, and the public’s faith therein, that Attorney General Bill Barr, in cahoots with President Trump, threatened with his dubious, if legal, removal of Mr. Berman.
What prompted the termination? We don’t know and neither Mr. Barr nor President Trump has publicly said. Mr. Berman is a registered Republican, donated to the Trump campaign and was personally interviewed by the president. There has been no suggestion of impropriety or incompetence.
Against that backdrop, the only sin ascribable to S.D.N.Y. under Mr. Berman’s leadership, it seems, is violation of the commandment to protect the president’s friends and pursue his rivals. The president was unhappy with how the case against his former personal lawyer, Michael Cohen, was handled. The president was displeased that his handpicked U.S. attorney, Mr. Berman, removed himself from the case, unable to protect Mr. Trump from being incriminated in open court.
Then there is the reported continuing investigation of the president’s other personal lawyer, Rudolph Giuliani, a former law partner of Mr. Berman. Perhaps that was a bridge too far.
Maybe it had something to do with Turkey. According to John Bolton’s new book, in connection with a case involving the Turkish bank Halkbank in S.D.N.Y. that the Turkish president, Recep Tayyip Erdogan, didn’t like, Mr. Trump told the Turkish leader that the “Southern District prosecutors were not his people.”
I don’t know if any of these matters, individually or in combination, provoked the firing. It may be impossible to know.
But given the president’s track record, the absence of any other articulated reason and the peculiarity of the weekend termination, neither Mr. Trump nor Mr. Barr deserves much benefit of the doubt. Nothing about the weekend termination was regular or in good faith. It smacks of an effort to get rid of someone perceived to be disloyal in favor of someone more controllable. It may be legal, but it does not clothe the attorney general, or the department he leads, in honor.
It began with Mr. Barr declaring that the chairman of the Securities and Exchange Commission, Jay Clayton, would be nominated by the president to be the next head of S.D.N.Y., a somewhat odd choice. Mr. Clayton has never been a prosecutor and never worked in S.D.N.Y. (as has every other U.S. attorney going back two generations). The timing of the announcement, during the traditional news graveyard of Friday night, was further suspect.
More important, Mr. Barr, in a pro forma note of appreciation, thanked Mr. Berman for his service and said he was “stepping down” after two and a half years in the prosecutor’s office. The second part of that statement was an apparent lie. As Mr. Berman said in his own release later the same night, “I have not resigned, and I have no intention of resigning.”
In my experience, government officials don’t lie about the intentions of others when they are acting in good faith. Perhaps the attorney general thought Mr. Berman would be too cowed to contradict a pre-emptive public announcement of resignation. He was wrong. The next day, Mr. Barr sent a letter to Mr. Berman advising him the president had fired him (though Mr. Trump added to confusion and irregularity later in the day by saying, “I was not involved.”).
Forcing out a well-performing U.S. attorney of the same party, without explanation, on the eve of election, in favor of a less qualified candidate who golfs with the president (as Mr. Clayton does), in the midst of investigations known to be irksome to the president, does not reflect a commitment to law enforcement independence.
Within the Department of Justice, hardworking public servants — in the Southern District of New York and elsewhere — are angry, dismayed and demoralized. I’ve spoken to many of them this weekend. They are disheartened by the bad faith of Bill Barr and his determined efforts to undermine prosecutorial independence. On Saturday, finally assured his well-regarded and principled deputy, Audrey Strauss, would take over the reins, Mr. Berman left S.D.N.Y. with his head held high.
I believe the wrong Department of Justice official left office that day.
This spring I taught a seminar (via Zoom, of course) at the University of Chicago on the art of political persuasion. We read Lincoln, Pericles, King, Orwell, Havel and Churchill, among other great practitioners of the art. We ended with a study of Donald Trump’s tweets, as part of a class on demagogy.
If the closing subject was depressing, at least the timing was appropriate.
We are in the midst of an unprecedented national catastrophe. The catastrophe is not the pandemic, or an economic depression, or killer cops, or looted cities, or racial inequities. These are all too precedented. What’s unprecedented is that never before have we been led by a man who so completely inverts the spirit of Lincoln’s Second Inaugural Address.
With malice toward all; with charity for none: eight words that encapsulate everything this president is, does and stands for.
What does one learn when reading great political speeches and writings? That well-chosen words are the way by which past deeds acquire meaning and future deeds acquire purpose. “The world will little note, nor long remember what we say here,” are the only false notes in the Gettysburg Address. The Battle of Gettysburg is etched in national memory less for its military significance than because Lincoln reinvented the goals of the Civil War in that speech — and, in doing so, reimagined the possibilities of America.
Political writing doesn’t just provide meaning and purpose. It also offers determination, hope and instruction.
In “The Power of the Powerless,” written at one of the grimmer moments of Communist tyranny, Václav Havel laid out why the system was so much weaker, and the individual so much stronger, than either side knew. In his “Fight on the beaches” speech after Dunkirk, Winston Churchill told Britons of “a victory inside this deliverance” — a reason, however remote, for resolve and optimism. In “Letter From Birmingham Jail,” Martin Luther King Jr., explained why patience was no answer to injustice: “When you have seen hate-filled policemen curse, kick, brutalize, and even kill your black brothers and sisters with impunity … then you will understand why we find it difficult to wait.”
In a word, great political writing aims to elevate. What, by contrast, does one learn by studying Trump’s utterances?
The purpose of Trump’s presidency is to debase, first by debasing the currency of speech. It’s why he refuses to hire reasonably competent speechwriters to craft reasonably competent speeches. It’s why his communication team has been filled by people like Dan Scavino and Stephanie Grisham and Sarah Sanders.
And it’s why Twitter is his preferred medium of communication. It is speech designed for provocations and put-downs; for making supporters feel smug; for making opponents seethe; for reducing national discourse to the level of grunts and counter-grunts.
That’s a level that suits Trump because it’s the level at which he excels. Anyone who studies Trump’s tweets carefully must come away impressed by the way he has mastered the demagogic arts. He doesn’t lead his base, as most politicians do. He personifies it. He speaks to his followers as if he were them. He cultivates their resentments, demonizes their opponents, validates their hatreds. He glorifies himself so they may bask in the reflection.
Whatever this has achieved for him, or them, it’s a calamity for us. At a moment when disease has left more than 100,000 American families bereft, we have a president incapable of expressing the nation’s heartbreak. At a moment of the most bitter racial grief since the 1960s, we have a president who has bankrupted the moral capital of the office he holds.
And at a moment when many Americans, particularly conservatives, are aghast at the outbursts of looting and rioting that have come in the wake of peaceful protests, we have a president who wants to replace rule of law with rule by the gun. If Trump now faces a revolt by the Pentagon’s civilian and military leadership (both current and former) against his desire to deploy active-duty troops in American cities, it’s because his words continue to drain whatever is left of his credibility as commander in chief.
I write this as someone who doesn’t lay every national problem at Trump’s feet and tries to give him credit when I think it’s due.
Trump is no more responsible for the policing in Minneapolis than Barack Obama was responsible for policing in Ferguson. I doubt the pandemic would have been handled much better by a Hillary Clinton administration, especially considering the catastrophic errors of judgment by people like Bill de Blasio and Andrew Cuomo. And our economic woes are largely the result of a lockdown strategy most avidly embraced by the president’s critics.
But the point here isn’t that Trump is responsible for the nation’s wounds. It’s that he is the reason some of those wounds have festered and why none of them can heal, at least for as long as he remains in office. Until we have a president who can say, as Lincoln did in his first inaugural, “We are not enemies, but friends” — and be believed in the bargain — our national agony will only grow worse.
Because he’s just a bully with delusions of grandeur.
International crises often lead, at least initially, to surging support for a country’s leadership. And that’s clearly happening now. Just weeks ago the nation’s leader faced public discontent so intense that his grip on power seemed at risk. Now the assassination of Qassim Suleimani has transformed the situation, generating a wave of patriotism that has greatly bolstered the people in charge.
Unfortunately, this patriotic rallying around the flag is happening not in America, where many are (with good reason) deeply suspicious of Donald Trump’s motives, but in Iran.
In other words, Trump’s latest attempt to bully another country has backfired — just like all his previous attempts.
From his first days in office, Trump has acted on the apparent belief that he could easily intimidate foreign governments — that they would quickly fold and allow themselves to be humiliated. That is, he imagined that he faced a world of Lindsey Grahams, willing to abandon all dignity at the first hint of a challenge.
But this strategy keeps failing; the regimes he threatens are strengthened rather than weakened, and Trump is the one who ends up making humiliating concessions.
Remember, for example, when Trump promised “fire and fury” unless North Korea halted its nuclear weapons program? He claimed triumph after a 2018 summit meeting with Kim Jong-un, North Korea’s leader. But Kim made no real concessions, and North Korea recently announced that it might resume tests of nuclear weapons and long-range missiles.
Or consider the trade war with China, which was supposed to bring the Chinese to their knees. A deal has supposedly been reached, although details remain scarce; what’s clear is that it falls far short of U.S. aims, and that Chinese officials are jubilant about their success in facing Trump down.
Why does Trump’s international strategy, which might be described as winning through intimidation, keep failing? And why does he keep pursuing it anyway?
One answer, I suspect, is that like all too many Americans, Trump has a hard time grasping the fact that other countries are real — that is, that we’re not the only country whose citizens would rather pay a heavy price, in money and even in blood, than make what they see as humiliating concessions.
Ask yourself, how would Americans have reacted if a foreign power had assassinated Dick Cheney, claiming that he had the blood of hundreds of thousands of Iraqis on his hands? Don’t answer that Suleimani was worse. That’s beside the point. The point is that we don’t accept the right of foreign governments to kill our officials. Why imagine that other countries are different?
Of course, we have many people in the diplomatic corps with a deep knowledge of other nations and their motivations, who understand the limits of intimidation. But anyone with that kind of understanding has been excluded from Trump’s inner circle.
Now, it’s true that for many years America did have a special leadership position, one that sometimes involved playing a role in reshaping other countries’ political systems. But here’s where Trump’s second error comes in: He has never shown any sign of understanding why America used to be special.
Part of the explanation, of course, was raw economic and military power: America used to be just much bigger than everyone else. That is, however, no longer true. For example, by some key measures China’s economy is significantly bigger than that of the United States.
Even more important, however, was the fact that America was something more than a big country throwing its weight around. We always stood for something larger.
That doesn’t mean that we were always a force for good; America did many terrible things during its reign as global hegemon. But we clearly stood for global rule of law, for a system that imposed common rules on everyone, ourselves included. The United States may have been the dominant partner in alliances like NATO and bodies like the World Trade Organization, but we always tried to behave as no more than first among equals.
Oh, and because we were committed to enforcing rules, we were also relatively trustworthy; an alliance with America was meaningful, because we weren’t the kind of country that would betray an ally for the sake of short-term political convenience.
Trump, however, has turned his back on everything that used to make America great. Under his leadership, we’ve become nothing more than a big, self-interested bully — a bully with delusions of grandeur, who isn’t nearly as tough as he thinks. We abruptly
- abandon allies like the Kurds;
- we honor war criminals; we
- slap punitive tariffs on friendly nations like Canada for no good reason. And, of course,
- after more than 15,000 lies, nothing our leader and his minions say can be trusted.
Trump officials seem taken aback by the uniformly negative consequences of the Suleimani killing: The Iranian regime is empowered, Iraq has turned hostile and nobody has stepped up in our support. But that’s what happens when you betray all your friends and squander all your credibility.
William Barr had returned to private life after his first stint as attorney general when he sat down to write an article for The Catholic Lawyer. It was 1995, and Mr. Barr saw an urgent threat to religion generally and to Catholicism, his faith, specifically. The danger came from the rise of “moral relativism,” in Mr. Barr’s view. “There are no objective standards of right and wrong,” he wrote. “Everyone writes their own rule book.”
And so, at first, it seemed surprising that Mr. Barr, now 69, would return after 26 years to the job of attorney general, to serve Donald Trump, the moral relativist in chief, who writes and rewrites the rule book at whim.
But a close reading of his speeches and writings shows that, for decades, he has taken a maximalist, Trumpian view of presidential power that critics have called the “imperial executive.” He was a match, all along, for a president under siege. “He alone is the executive branch,” Mr. Barr wrote of whoever occupies the Oval Office, in a memo to the Justice Department in 2018, before he returned.
Now, with news reports that his review into the origins of the Russian investigation that so enraged Mr. Trump has turned into a full-blown criminal investigation, Mr. Barr is arousing fears that he is using the enormous power of the Justice Department to help the president politically, subverting the independence of the nation’s top law enforcement agency in the process.
Why is he giving the benefit of his reputation, earned over many years in Washington, to this president? His Catholic Lawyer article suggests an answer to that question. The threat of moral relativism he saw then came when “secularists used law as a weapon.” Mr. Barr cited rules that compel landlords to rent to unmarried couples or require universities to treat “homosexual activist groups like any other student group.” He reprised the theme in a speech at Notre Dame this month.
Barr uses the same language and ideas in an article and speech separated by decades.
Article in The Catholic Lawyer, “Legal Issues in a New Political Order”
Highlighted text appears in both quotations
Remarks to the Law School and the de Nicola Center for Ethics and Culture at the University of Notre Dame
In 1995 and now, Mr. Barr has voiced the fears and aspirations of the conservative legal movement. By helping Mr. Trump, he’s protecting a president who has succeeded in confirming more than 150 judges to create a newly conservative judiciary. The federal bench now seems more prepared to lower barriers between church and state and reduce access to abortion — a procedure that Mr. Barr, in his 1995 article, included on a list of societal ills that also included drug addiction, venereal diseases and psychiatric disorders.
In his unruffled and lawyerly way, Mr. Barr emerged as the president’s most effective protector in the spring, when he limited damage from the special counsel Robert Mueller’s investigation of Russian interference in the 2016 presidential election by shaping the public narrative of the Mueller report before he released any of it.
In his pursuit of investigating the investigators, he even traveled to Britain and Italy to meet with intelligence officials there to persuade them to help it along. Now it is possible the Justice Department could bring charges against its own officials and agents for decisions they made to investigate Trump campaign advisers in the fraught months around the 2016 election, when the Russian government was mounting what the Mueller report called “a sweeping and systematic” effort to interfere.
This criminal investigation seems ominous in the context of Mr. Barr’s other moves.
His Justice Department recently declined to investigate a whistle-blower’s complaint that the president was “using the power of his office to solicit interference from a foreign country in the 2020 U.S. election” and advised the acting director of national intelligence not to send the complaint to Congress. Last week, dozens of government inspectors general warned in a letter to the Justice Department that its position “could seriously undermine the critical role whistle blowers play in coming forward to report waste, fraud, abuse and misconduct across the federal government.”
So while Rudolph Giuliani is freelancing American diplomacy as the president’s personal lawyer, often leaving bedlam in his wake, and Mick Mulvaney flails as acting chief of staff, Mr. Barr has used the Justice Department, with precision, on the president’s behalf. The New York City Bar Association complained a few days ago that Mr. Barr “appears to view his primary obligation as loyalty to the president individually rather than to the nation.”
William Barr (Billy, when he was young) grew up in an apartment on Riverside Drive in Manhattan with a framed Barry Goldwater presidential campaign poster in the foyer, according to Vanity Fair. His mother, who was of Irish descent, taught at Columbia University. His father, a Jew who converted to Catholicism, taught at Columbia, too, and then became the headmaster of the elite Dalton School, leaving after 10 years amid criticism over his authoritarian approach to student discipline.
He went to high school at the equally elite Horace Mann and to college at Columbia, where he majored in government and then got a master’s degree in government and Chinese studies. Mr. Barr went to work for the C.I.A. in Washington in 1973 and attended George Washington University Law School at night.
He joined the Reagan White House in 1982, where he sought to curb regulation. After George H.W. Bush was elected president in 1988, he became director of the Office of Legal Counsel in the Justice Department, which provides legal advice to the president and all executive agencies.
It didn’t take long for Mr. Barr to express his views on executive power. He warned in one of his early opinions, in July 1989, of congressional “encroachments” on presidential authority. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” he wrote. Some of his Republican colleagues remember being taken aback.
“Bill’s view on the separation of powers was not overlapping authority keeping all branches in check, but keeping the other branches neutralized, leaving a robust executive power to rule. George III would have loved it,” said Douglas Kmiec, a law professor at Pepperdine who preceded Mr. Barr as head of the Office of Legal Counsel.
Mr. Barr also argued that the president had the “inherent authority” to order the F.B.I. to abduct people abroad, in violation of an international treaty principally written by the United States. This view reversed the position that the Office of Legal Counsel had taken nine years earlier. When Congress asked to see Mr. Barr’s opinion, he refused, even as the government defended the abduction of a man in Mexico accused of participating in the killing of a Drug Enforcement Administration agent. The charges against the man were dismissed. It took four years for his opinion to come to light.
“You have a secret opinion that violated the internal rules of the Justice Department” and “diminished America’s reputation as a country that operates by the rule of law,” said Harold Hongju Koh, a Yale law professor who worked in the Office of Legal Counsel and advised the State Department. “At the time, we thought that was as bad as it was going to get.”
After becoming deputy attorney general in 1990, he continued to push the limits on questions of presidential power. He told the first President Bush that he didn’t need congressional approval to invade Iraq. Mr. Bush asked for it anyway.
Mr. Barr, who took over the department in the fall of 1991, also urged Mr. Bush to pardon all six of the Reagan administration officials who faced criminal charges in an arms-for-hostages deal at the heart of the Iran-contra scandal. The president took his advice.
When Mr. Bush lost his bid for re-election, Mr. Barr went back into private practice before taking jobs as the general counsel first for GTE and then Verizon. He served on the boards of several religious groups, including the Catholic Information Center, a self-described “intellectual hub,” affiliated with the ultraconservative order Opus Dei.
Those groups include other conservative Washington insiders, such as Leonard Leo, the executive vice president of the Federalist Society. Mr. Leo has also served on the board of the Catholic Information Center and he came out strongly in favor of Mr. Trump’s nomination of Mr. Barr for attorney general.
In a sense, both Mr. Barr and Mr. Leo have found parallel ways to use the Trump administration as a vehicle for their causes. Mr. Leo has enormous influence from outside the government on the selection of judicial nominees. And from the inside, Mr. Barr plays a role in federal judicial appointments and has supported a Justice Department task force set up to look for cases of religious discrimination.
When Mr. Barr undercut the Mueller report, he lost some supporters. While delaying its release, he presented the conclusions as far less damning for President Trump than Mr. Mueller found them to be. (For example, Mr. Barr said that the special counsel did not find sufficient evidence of a crime when in fact Mr. Mueller had not exonerated Mr. Trump of wrongdoing.)
“Not in my memory has a sitting attorney general more diminished the credibility of his department on any subject,” wrote Benjamin Wittes, the editor in chief of Lawfare.
Despite criticism, Mr. Barr has continued to champion the presidency — and this president. But on Friday, a federal judge in Washington ruled against the Justice Department’s effort to block Congress from getting grand jury evidence obtained in the Mueller investigation. The department has also asked a federal judge to block a subpoena from the Manhattan district attorney for eight years of Mr. Trump’s personal and corporate tax returns.
“From my perspective,” Mr. Barr told Jan Crawford of CBS News in May, “the idea of resisting a democratically elected president and basically throwing everything at him and, you know, really changing the norms on the grounds that ‘we have to stop this president,’ that is where the shredding of our norms and our institutions is occurring.”
In other words, amazingly, it wasn’t President Trump, or Attorney General Barr, who was violating the norms of American governance. It was their critics.
Since Watergate, a crucial norm of Justice Department independence has prevented presidents from ordering or meddling in investigations for partisan reasons.
In 2001, Mr. Barr praised the first President Bush for leaving the Justice Department alone. Mr. Bush’s White House “appreciated the independence of Justice,” Mr. Barr said. “We didn’t lose sight of the fact that there’s a difference between being a government lawyer and representing an individual in his personal capacity in a criminal case.”
Now, Mr. Barr seems hard-pressed to maintain a semblance of those boundaries. The criminal investigation of the origins of the Russia investigation that he ordered is official government business. It’s headed by an experienced prosecutor, John H. Durham, the United States attorney for Connecticut, and it’s supposed to be on the up and up.
But when Mr. Barr told Congress in April that he thought “spying” on the Trump campaign by American intelligence agencies occurred — the F.B.I. director, Christopher Wray, told Congress that “spying” was “not the term I would use” — he echoed President Trump’s conspiracy theory of being a victim of the “deep state.” And in the last month, Mr. Barr has found his review mixed up with the machinations of Mr. Giuliani, who was directed by Mr. Trump to investigate the 2016 election and the Biden family in Ukraine.
Mr. Trump made the overlap explicit when he lumped Mr. Giuliani and Mr. Barr together in his July phone call with Ukraine’s president, Volodymyr Zelensky. “I will have Mr. Giuliani give you a call and I am also going to have Attorney General Barr call,” Mr. Trump told Mr. Zelensky, according to notes released by the White House. Mr. Barr was reportedly “surprised and angry” by the president’s reference, and a Justice Department representative has denied he had any contacts with Mr. Zelensky.
Then, Mr. Mulvaney, the acting White House chief of staff, brought up Mr. Barr’s review of the Russia investigation at his news conference on Oct. 17 in defense of Mr. Trump’s request to Mr. Zelensky for “a favor” and information. (“So you’re saying the president of the United States, the chief law enforcement person, cannot ask somebody to cooperate with an ongoing public investigation into wrongdoing?” Mr. Mulvaney asked.)
The White House’s use of the Justice Department as a shield in the Ukraine scandal risks leaving Mr. Barr’s review “hopelessly compromised,” tweeted the Harvard Law School professor Jack Goldsmith, an alumnus of the Office of Legal Counsel who has defended Mr. Barr.
And in blockbuster testimony before Congress last Tuesday, the top American diplomat in Ukraine, William Taylor, said that he and Gordon Sondland, the ambassador to the European Union, who was conveying Mr. Trump’s orders concerning Ukraine, discussed the possibility that Ukraine’s prosecutor would make a public statement about “investigations, potentially in coordination with Attorney General Barr’s probe.” Either people in the president’s circle are using Mr. Barr as a pawn, or he’s in deeper than he has said.
Either way, maybe the lesson is the same one that applies throughout the administration: The fallout from the president’s maneuvering taints the people around him. The longer Mr. Barr stays in office, the more that Mr. Trump will look for the attorney general to do for him.
When Mr. Mueller closed up shop, he left several cases pending with the Justice Department,including charges against the Trump operative Roger Stone, which could end with disclosures at trial that damage the president (Mr. Stone has pleaded not guilty). What if Mr. Trump would rather make cases like these go away, with pardons or other inducements? Will Mr. Barr go along?
During the Bush administration, in a more moderate time, Mr. Barr worked for a buttoned-down president who called for a “kinder” and “gentler” strain of Republicanism. Now he has a boss who calls the impeachment process “a lynching,” Republican critics “human scum” and the news media “the enemy of the American people.”
As the buttons fly off, Mr. Barr still seems unperturbed. He’s the perfect attorney general for President Trump. Not so much, it seems, for the country.