Trump the Intimidator Fails Again

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.

Establishment Republicans thought he was one of them.

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.

1995

Article in The Catholic Lawyer, “Legal Issues in a New Political Order”

Highlighted text appears in both quotations

2019

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.

Dec. 19, 1991, Attorney General William P. Barr speaks with reporters. Assistant Attorney General Robert Mueller stands at right.Barry Thumma/AP Photo

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 Schoolleaving 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 with President George H.W. Bush in 1992.Marcy Nighswander/Associated Press

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.

Mr. Barr in May testifying before the Senate Judiciary Committee about the Justice Department’s investigation into Russian interference with the 2016 election.Erin Schaff/The New York Times

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?

Mr. Barr has echoed President Trump’s conspiracy theory of being a victim of the “deep state.” Doug Mills/The New York Times

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.

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Guatemala Declares War on History

Looking for help on immigration, the Trump administration is silent in the face of Guatemala’s effort to seal its dirty war archive.

With the quiet acquiescence of the Trump administration, the Guatemalan government is threatening to bar access to a collection of national archives that have been at the core of various attempts to prosecute Guatemalan politicians and officers responsible for some of Latin America’s most heinous atrocities.

The move to suppress the archives is part of a larger campaign by Guatemalan President Jimmy Morales, who faces allegations of receiving illicit campaign funds, to undercut the rule of law through the purge of judges, police officials, and archivists who have been at the forefront of Guatemala’s effort to investigate corruption, narcotrafficking, and war crimes, according to foreign diplomats and independent experts.

But senior U.S. officials in Washington and Guatemala City have rebuffed appeals from working-level staffers and foreign diplomats to publicly challenge Guatemala’s action. And U.S. President Donald Trump’s administration, which is seeking Guatemala’s help in stemming the flow of asylum-seekers and refugees into the United States, has remained largely silent over these developments.

One U.S. official said that America’s reluctance to confront Guatemala is part of a crude unwritten bargain between Morales’s government and the Trump administration: “They promise not to let brown people into the country, and we let them get away with everything else,” the official said.

The “assault on the police archive [is part of a] broader attack against human rights, justice, and anti-corruption efforts,” said Kate Doyle, a researcher at the National Security Archive and an expert on the Guatemalan archives. “The U.S. is saying nothing. The U.S. Embassy has been incredibly absent on these issues. They are not doing anything.”

In the latest sign of U.S. reluctance to challenge Guatemala on human rights, Kimberly Breier, the U.S. assistant secretary of state for Western Hemisphere affairs, blocked the release of a public statement in early June that would have urged Guatemala to back down on its effort to restrict access to the archives.

“These archives are an essential source of information to clarify and understand critical historical truths from Guatemala’s history,” reads the statement obtained by Foreign Policy, which was suppressed in June. “Access to the archives by historians, victims of abuse recorded in these archives and their families, the public, and the international community, has furthered Guatemala’s progress towards accountability, justice, truth and reconciliation.”

Foreign Policy sought a response from the Trump administration last Wednesday. The State Department did not respond until nearly an hour and half after this article was published Tuesday.

“The United States strongly supports continued public access to the Historical Archive of the National Police,” according to a statement from a spokesperson from the State Department’s Bureau of Western Hemispheric Affairs.  The Tuesday statement included the two sentence cited by Foreign Policy in the suppressed statement.

The initial decision to block the statement—which had been approved by the State Department press office, the U.S. Embassy in Guatemala, and several other key bureaus—came as the United States was engaged in sensitive negotiations on a so-called safe third country agreement, which would commit Guatemala to process political asylum claims from foreigners, particularly from El Salvador and Honduras, who cross its border in transit to the United States. “My understanding is Kim Breier killed this because she didn’t want to do anything that would piss off the Guatemalans,” said one congressional aide.

During the past two decades, the United States has invested in efforts to strengthen the rule of law in Guatemala,

  • funding a United Nations commission that investigates corruption and illicit activities by armed groups,
  • strengthening the judiciary, and
  • training and equipping police units with expertise in counternarcotics and corruption.
  • The United States has spent millions of dollars over the years to preserve the police archives, including through the provision of document scanners and the funding of a digitized archive maintained by scholars at the University of Texas at Austin.

Guatemala’s bloody 36-year-long civil war resulted in the deaths of about 200,000 people, mostly at the hands of the Guatemalan security forces. A 1996 U.N.-brokered peace agreement paved the way for the return of exiled rebels, established a new national police force, and pried open the door to the prospect of public reckoning for crimes committed during the war. The Guatemalan military and police resisted, denying that they had preserved detailed records of their activities during the conflict. But in 2005, more than 80 million documents and records, dating from 1882 to 1997, were discovered in seven rat-infested rooms at an unused hospital building in Guatemala City owned by Guatemala’s now-defunct National Police.

Since then, the Guatemalan National Police Historical Archive has helped convict more than 30 military officers, soldiers  and paramilitaries, including a former presidential chief of staff, Manuel Callejas y Callejas, convicted of crimes against humanity, and Guatemala’s late dictator, Gen. Rios Montt—who was found guilty in 2013 of genocide for overseeing mass atrocities in the early 1980s — though his conviction was later overturned by Guatemala’s constitutional court.

The archive has proved a valuable resource for U.S. law enforcement. The Department of Justice and Immigration and Customs Enforcement have used the archive to identify Guatemalan rights abusers living in the United States.

But the management of the archives has long infuriated some of those in Guatemala’s most powerful business and security sectors, who believed that it has been used as a tool of the left to gain revenge against their former enemies. They have cited the role of the archive’s former director, Gustavo Meoño Brenner, a former guerrilla leader who has recruited staff from the country’s left wing to run the archives. In August 2018, the U.N. Development Program, which has helped administer the archive program since 2008, abruptly dismissed Meoño Brenner. He has since fled the country, following death threats.

The move to restrict archive access is only one element of a wider effort to defang justice institutions in Guatemala. In September, a landmark U.N. International Commission Against Impunity in Guatemala—known by its Spanish acronym, CICIG—whose corruption investigations landed a Guatemalan president and vice president in jail will shutter its office.

The demise of the commission, which had also exposed alleged illegal campaign contributions in Morales’s 2015 presidential campaign, came after a two-year-long effort by the president and his allies, including sympathetic Republican lawmakers and Trump administration officials in Washington, to undermine it. Pro-military lawmakers in the Guatemalan Congress, meanwhile, have been pressing to pass an amnesty law that would result in the release of dozens of military officers and death squad leaders from jail. That effort has been stalled by Guatemala’s Constitutional Court.

The effort to suppress the archives is being spearheaded by Guatemalan Interior Minister Enrique Degenhart, a popular figure in Washington, who has represented Guatemala in the safe third country negotiations.

In a May 27 press conference, Degenhart announced that his office and Guatemala’s National Civil Police would seek greater control of the archive. He also threatened to limit access to the archives by foreign institutions, an apparent reference to the University of Texas at Austin, which has assembled a massive digitized version of a large portion of the police archive. “You can’t allow foreign institutions to have the complete archives,” Degenhart told reporters.

In response, the U.N. and other foreign envoys invited the U.S. ambassador to Guatemala, Luis Arreaga, to join ambassadors from several other countries, including Canada, Germany, Switzerland, Sweden, and the United Kingdom, on a visit to the archive to voice opposition to granting police greater control over the archives. Arreaga declined. The spokesperson from the State Department Bureau of Western Hemispheric Affairs declined to comment on whether Arreaga declined the invitation.

In Washington, State Department officials sought support within the administration for a public statement that would place the United States squarely on the side of those seeking to preserve broad public access to the archives.

“The message [Guatemalan authorities] are getting is we don’t care what you do as long as you do everything in your power to prevent” foreigners from reaching the U.S. border, said Rep. Norma Torres, a California Democrat who was born in Guatemala. If that requires “supporting a corrupt government, that is what [the Trump administration] is going to do.”

Public messaging and statements from U.S. envoys and the State Department can have an outsized political impact in Central America, former diplomats say. “It’s astonishing how important the U.S. voice is in terms of journalists, human rights defenders, civil society … in this region,” said Roberta Jacobson, a former U.S. ambassador to Mexico and assistant secretary of state for Western Hemisphere affairs. “There are clearly things that governments would do, actions it would take, but for the U.S. watching and speaking out,” she said.

The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives.

Workers organize thousands of documents found at the former National Police Bomb Disposal Unit headquarters in Guatemala City on Jan. 28, 2008.EITAN ABRAMOVICH/AFP/GETTY IMAGES

In early July, the Guatemalan Ministry of Culture and Sports informed the U.N. Development Program, which administers the archive budget on behalf of foreign donors, that it would take over full management of the archives, raising questions about its financial viability. The U.N., which pays staff salaries, was forced to lay off the archives researchers and archivists.

On July 10, Guatemala fired its chief national archivist, Anna Carla Ericastilla, on the grounds that she provided access to foreign institutions, including the University of Texas, and improperly raised funds from donors to pay salaries to archivists.

Degenhart, meanwhile, has overseen a massive purge of Guatemala’s reformed police force after being named interior minister in January 2018. The following month, he fired the director of the National Civil Police, Nery Ramos, along with three other top cops. All told, Degenhart fired some 25 ranking officers and more than 100 agents, including 20 of the 45 police agents assigned to work with the U.N. anti-corruption office.

Guatemalans “have observed a systematic process of dismantling the National Civil Police, ordered by the interior minister himself, who seems determined to destroy 20 years of progress,” according to an August 2018 study by the Forum of Civil Society Organizations Specializing in Security, or FOSS.

The fate of the archive has become inextricably linked to the White House immigration policy.

The threat to curtail access to the archives came on the same day that Degenhart had signed an agreement with Kevin McAleenan, the acting U.S. secretary of homeland security, for the deployment of 89 agents from U.S. Immigration and Customs Enforcement and Customs and Border Protection in Guatemala to help stem the flow of refugees through the country. It also coincided with the Trump administration’s negotiation of a safe third party agreement with Degenhart.

Trump in March ordered all U.S. aid to Guatemala, El Salvador, and Honduras to be cut until they drastically reduced the number of migrants traveling north through Mexico to attempt to enter the United States. Critics, including both Democratic and Republican lawmakers, said the move would only exacerbate the migration crisis, as U.S. assistance helped address root causes of instability that caused people to flee north.

In June, the State Department announced it would release $432 million of the $615 million in aid to Central America, but it warned that new funding would not be released until the Northern Triangle governments took more steps to address migration.

Last week, the Trump administration announced that it had reached agreement on the safe third country pact, which would commit Guatemala to processing political asylum claims from migrants who cross its border in transit to the United States. The U.S. has yet to publish a copy of the pact, leading to speculation about what the deal actually entails.

Still, the move has raised concern about the constitutionality of the agreement. Guatemala’s constitutional court has already asserted that such an agreement would require approval by the Guatemalan Congress. Democratic lawmakers and other activists have criticized the move and vowed to fight it in courts. Democratic Rep. Eliot Engel, the chairman of the House Foreign Affairs Committee, said it is “cruel and immoral. It is also illegal.”

“Simply put, Guatemala is not a safe country for refugees and asylum seekers, as the law requires,” Engel said in a statement released on July 26, after the Trump administration and Guatemalan government signed the agreement.