U.S. Department of Justice
In 1989, at the beginning of his administration, President George H. W. Bush appointed Barr to the U.S. Department of Justice as Assistant Attorney General for the Office of Legal Counsel (OLC), an office which functions as the legal advisor for the President and executive agencies. Barr was known as a strong defender of presidential power.[12] He wrote an advisory opinion justifying the U.S. invasion of Panama and arrest of Manuel Noriega.[12] He wrote legal justifications for the practice of rendition,[13] so that the FBIcould enter onto foreign soil without the consent of the host government to apprehend fugitives wanted by the United States government for terrorism or drug-trafficking.[12] Barr declined a congressional request for the full opinion, but instead provided a document that “summarizes the principal conclusions.” Congress subpoenaed the opinion, and its public release after Barr’s departure from the Justice Department showed he had omitted significant findings in the opinion from his summary document.[14]
U.S. Attorney General (1991–1993)[edit]
First nomination and confirmation[edit]
It was reported that President Bush was impressed with Barr’s management of the hostage crisis; weeks later, Bush nominated him as Attorney General.[21]
Barr’s two-day confirmation hearing was “unusually placid”, and he received a good reception from both Republicans and Democrats on the Senate Judiciary Committee.[22] Asked whether he thought a constitutional right to privacy included the right to an abortion, Barr responded that he believed the constitution was not originally intended to create a right to abortion; that Roe v. Wade was thus wrongly decided; and that abortion should be a “legitimate issue for state legislators“.[22] “Barr also said at the hearings that Roe v. Wade was ‘the law of the land’ and claimed he did not have ‘fixed or settled views’ on abortion.”[23] Senate Judiciary Committee Chair Joe Biden, though disagreeing with Barr, responded that it was the “first candid answer” he had heard from a nominee on a question that witnesses would normally evade; Biden hailed Barr as “a throwback to the days when we actually had attorneys general that would talk to you.”[24] Barr was approved unanimously by the Senate Judiciary Committee, was confirmed by voice vote by the full Senate,[25][26] and was sworn in as Attorney General on November 26, 1991.[27]
First tenure
During his first tenure as AG, media characterized Barr as staunchly conservative.[28][29] However, Barr was widely respected by both Republicans and Democrats alike. In 1995, Joe Biden told Barr, “You were one of the best (attorney generals) I have ever worked with, and there have been a lot of attorneys general since I have been here, and I mean that sincerely.”[30] He was described as affable with a dry, self-deprecating wit.[31][32] The New York Times described the “central theme” of his tenure to be “his contention that violent crime can be reduced only by expanding Federal and state prisons to jail habitual violent offenders.”[28] In an effort to prioritize violent crime Barr reassigned three hundred FBI agents from counterintelligence work to investigations of gang violence, which the New York Times called, “the largest single manpower shift in the bureau’s history.”[28]
The Case for More Incarceration[edit]
In 1992, Barr authored a report, The Case for More Incarceration,[33] which argued for an increase in the United States incarceration rate, the creation of a national program to construct more prisons, and the abolition of parole release.[4] Barr argued that incarceration reduced crime, pointing to crime and incarceration rates in 1960, 1970, 1980 and 1990; a 1999 criminology study criticized Barr’s analysis, saying “so complex an issue as the relationship between crime and punishment cannot be addressed through so simplistic an analysis as a negative correlation between the two very aggregated time series of crime rates and incarceration rates.”[34] University of Minnesota criminologist Michael Tonry said the data in Barr’s report was deceptively presented; if Barr had chosen five-year intervals, then the data would not have supported Barr’s argument, and if Barr had chosen to look at violent crime specifically (as opposed to all crimes as a category), then the data would not have supported his argument.[35] Barr said in the report, “The benefits of increased incarceration would be enjoyed disproportionately by black Americans”.[35] In the report, Barr approvingly quoted New Mexico Attorney General Hal Stratton, “I don’t know anyone that goes to prison on their first crime. By the time you go to prison, you are a pretty bad guy.”[36] Barr’s report influenced the Violent Crime Control and Law Enforcement Act of 1994, which aimed to increase the incarceration rate.[4]
.. Phone surveillance program
In 1992, Barr launched a surveillance program to gather records of innocent Americans’ international phone calls.[41] The DOJ Inspector General concluded that this program was launched without a review of the legality of the program.[41] According to USA Today, the program “provided a blueprint for far broader phone-data surveillance the government launched after the terrorist attacks of Sept. 11, 2001.”[41]
Iran-Contra
In late 1992, Independent Counsel Lawrence Walsh, who had been chosen to investigate the Iran–Contra affair, found documents in the possession of Reagan’s former defense secretary, Caspar Weinberger, which Walsh said was “evidence of a conspiracy among the highest-ranking Reagan Administration officials to lie to Congress and the American public.”[42][43] Weinberger was set to stand trial on felony charges on January 5, 1993.[42][44] His “indictment said Mr. Weinberger’s notes contradicted Mr. Bush’s assertions that he had only a fragmentary knowledge of the arms secretly sold to Iran in 1985 and 1986 in exchange for American hostages in Lebanon.”[44][43][45] According to Walsh, then-president Bush might have been called as a witness.[46]
On December 24, 1992, during his final month in office, Bush, on the advice of Barr, pardoned Weinberger,[47][10] along with five other administration officials who had been found guilty on charges relating to the Iran–Contra affair.[10][48][49][42] Barr was consulted extensively regarding the pardons, and especially advocated for pardoning Weinberger.[50]
Walsh complained about the move insinuating that Bush on Barr’s advice had used the pardons to avoid testifying and stating that: “The Iran-contra cover-up, which has continued for more than six years, has now been completed.”[51] In 2003, he wrote an account of the investigation in his book, Firewall: The Iran-Contra Conspiracy and Cover-Up.
Because of this and Barr’s unwillingness to appoint an independent counsel to look into a second scandal known as Iraqgate, New York Times writer William Safire began to refer to Barr as “Coverup-General Barr.”[52] Barr, however, responded that he believed Bush had made the right decision regarding that and he felt people in the case had been treated unfairly.[53] Barr said that Walsh was a “head-hunter” who “had completely lost perspective.”[54]
.. In June 2018, Barr sent an unsolicited 20-page memo to senior Justice Department officials, and to members of Trump’s legal team, with some of whom he discussed the memo.[71] In it he argued that the Special Counsel should not be investigating Trump for obstruction of justice because Trump’s actions, such as firing FBI Director James Comey, were within his powers as head of the executive branch.[72][73][74] He characterized the obstruction investigation as “fatally misconceived.”[75] The day after the existence of the memo became known, Deputy Attorney General Rod Rosenstein said “our decisions are informed by our knowledge of the actual facts of the case, which Mr. Barr didn’t have.”[76] Democrats later characterized the memo as Barr’s “job application” for the Attorney General position.[77]
In May 2019, three months into his tenure as Attorney General, the Associated Press characterized Barr as a champion and advocate for Trump.[88] Barr had enthusiastically supported Trump’s political agenda, misrepresented aspects of Special Counsel Robert Mueller’s, repeated Trump’s talking point that those investigating Trump had engaged in “spying”, defied congressional subpoenas, and refused to give Congress an unredacted version of the Mueller report.[88]
Under Barr’s leadership, the Justice Department changed its position on the Affordable Care Act(ACA). Previously the department took the position that the individual mandate provision was unconstitutional, but could be severed from the whole healthcare law. On March 25, the department updated its position to argue that the entire law is unconstitutional.[89] On May 2, the department conducted a filing with the United States Court of Appeals for the Fifth Circuit to nullify the entire law, arguing that the removal of the provision on individual mandate results in the entire law becoming unconstitutional.[90] As of that day, President Donald Trump has promised to produce a replacement health insurance plan only after he wins reelection in 2020. If the ACA is nullified, over 20 million Americans risk losing their health insurance.[91]
At a hearing before the Senate Judiciary Committee on May 1, 2019, Barr was asked by Senator Kamala Harris: “Has the president or anyone at the White House ever asked or suggested that you open an investigation of anyone?” Barr hesitated, asked her to repeat the question, and finally indicated he was unsure of what ‘suggested’ meant, saying “there have been discussions of matters out there, they have not asked me to open an investigation … I wouldn’t say suggest.” When Harris asked, “Hinted? Inferred?” Barr replied: “I don’t know.”[92]
In early June the House Oversight Committee moved to hold Barr in contempt of congress for defying a subpoena regarding information about efforts to add a citizenship question to the 2020 US Census.[94] Two days after the 75th anniversary of D-Day, Barr likened his own experience at the Justice Department to the experience of the paratroopers who had shoot into Sainte-Mère-Église on D-Day.[95]
Mueller investigation and report
On January 14, 2019, a day before Barr’s confirmation hearing for Attorney General, Barr sent written testimony to the Senate Judiciary Committee regarding the eventual final Mueller report, saying “it is very important that the public and Congress be informed of the results of the special counsel’s work … For that reason, my goal will be to provide as much transparency as I can consistent with the law.”[96][97]
The Department of Justice released a redacted version of the special counsel’s report in the morning of April 18, 2019.[109][110] After the release of the full report, fact-checkers and news outlets characterized Barr’s initial letter as a deliberate mischaracterization of the Mueller Report and its conclusions.[111][112][113][114][115][116] The New York Times reported instances in which the Barr letter omitted information and quoted sentence fragments out of context in ways that significantly altered the Mueller findings, including:[111]
- A sentence fragment described only one possible motive for Trump to obstruct justice, while the Mueller report listed other possible motives
- Omission of words and a full sentence that twice suggested there was knowing and complicit behavior between the Trump campaign and Russians that stopped short of coordination
- Omission of language that indicated Trump could be subject to indictment after leaving office, to suggest that Trump was cleared in full
According to the Associated Press, Barr misrepresented the report in several ways, saying the report
- gave no indication that Congress could make a determination on obstruction of justice (the report specifically stated “that Congress may apply obstruction laws”) and that
- “these reports are not supposed to be made public” (when DOJ regulations give the AG wide authority in releasing reports such as this one).[117] Barr
- falsely claimed in his summary of the report that “the White House fully cooperated with the Special Counsel’s investigation.”[118] The Washington Post fact-checker described Barr’s claim as “astonishing”[112] and PolitiFact said it was “false.”[118] In actuality, Trump
- declined to grant the Special Counsel an in-person interview, and the
- Special Counsel report characterized Trump’s written responses to interview questions as “inadequate“.[118]The report also
- documented numerous instances where Trump tried to either impede or end the Special Counsel investigation, analyzing each in terms of the three factors necessary for a criminal charge of obstruction.[118][119][120][not in citations given]
During a press conference, Barr said Mueller’s report contained “substantial evidence” that Trump was “frustrated and angered” because of his belief that the “investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks”; however, the report gave no indication that Trump’s frustrations with the investigation would mitigate obstructing behavior.[104][121][122] Barr also said it would not be criminal obstruction of justice for a president to instruct a staffer to lie to investigators about the president’s actions,[123] and suggested a president could legally terminate an investigation into himself if he was being “falsely accused”.[124]
The Justice Department took the position that disclosure of the unredacted Mueller Report would require the department to violate “the law, court rules and court orders” as well as grand jury secrecy rules.[125]
During May 1, 2019 testimony before the Senate Judiciary Committee, Barr stated he accepted Mueller’s interpretation of the law that was applied in the Report. However, in a May 30 CBS News interview, Barr stated that he had applied his own interpretation of the law and took the position that obstruction laws cannot apply to presidents who abuse their official powers to impede an investigation for a corrupt reason. Barr elaborated: “As a matter of law…we didn’t agree with the legal analysis – a lot of the legal analysis in the report. It did not reflect the views of the department”.[127][128]
In a 1995 article for The Catholic Lawyer, Barr stated that the American government is “predicated precisely” on the Judeo-Christian system.[152][152]:3 Barr grapples with the challenge of representing Catholicism “in an increasingly militant, secular age.”[152]:1 Barr asserts that there are three ways secularists use “law as a legal weapon.”[152]:8
- The first method is through elimination of traditional moral norms through legislation and litigation; Barr cites the elimination of the barriers to divorce and the Supreme Court’s decision in Roe v. Wade as examples of this method.[152]:8
- The second is the promotion of moral relativism through the passage of laws that dissolve moral consensus and enforce neutrality.[152]:8 Barr draws attention to a 1987 case, Gay Rights Coalition v. Georgetown University, which “compel[s] Georgetown University to treat homosexual activist groups like any other student group.”[152]:9
- The third method is the use of law directly against religion; as an example of this method, Barr cites efforts to use the Establishment Clause to exclude religiously motivated citizens from the public square.[152]:9 Concluding, Barr states the need to “restructure education and take advantage of existing tax deductions for charitable institutions to promote Catholic education.”[152]:12
Barr is an avid bagpiper. He began playing at age eight and has performed competitively in Scotland with a major American pipe band. At one time, Barr was a member of the City of Washington Pipe Band.[31]
Barr Quits Dalton School Post, Charging Trustees’ Interference
Donald Barr, the controversial and outspoken headmaster of the Dalton School, one of the city’s largest and most selective private schools, has resigned in protest of what he considers the trustee’s interference with his leadership.
“Everyone knows that I am somewhat anachronistic in my views of the educational leadership of a school,” Mr. Barr wrote in a letter yesterday to faculty members and parents. “I am not comfortable with the definition of board‐head relations that I see becoming current in schools everywhere.”
Mr. Barr’s resignation, which the board says was not requested and not expected, comes after 10 frequently stormy years as head of Dalton, which is housed in an 11‐story, brick building at 108 East 89th Street.
Question of Authority
The source of conflict between the strong‐minded Mr. Barr and his 20‐member board seemed to center on the question of where the board’s authority should yield to the headmaster’s judgment. There was apparently no one incident that prompted the resignation, but the confrontation was exacerbated by financial pressures that have forced the school to set priorities.
“The issue is the prerogatives of the board and the headmaster,” said Richard Ravitch, a construction company executive who is president of the board. “My sense of trusteeship and my understanding of the requirements of the state law And the bylaws of the school all say to me that it is the obligation of the trustees of an institution to make all the policies.”
Ironically, the present board of trustees includes many parents who rose to Mr. Barr’s defense when a faction of the former board and some of the parents sought his ouster in 1971. He was accused then of turning a “humanistic, progressive” school into one in which “discipline and authoritarian rule” were the hallmarks.
The issues then had nothing to do with this issue now,” Mr. Ravitch said. “All of us who are now officers of the board were supportive of him in that fight and supported his educational philosophy.”
Mueller-Report Standoff Echoes 1982 Fight Involving Neil Gorsuch’s Mother
Thorny legal questions about relations between Congress and executive branch could be decided by Supreme Court
The standoff between Attorney General William Barr and Congress over access to the full, unredacted report from special counsel Robert Mueller has parallels to a 1982 fight involving the late Anne Gorsuch Burford, then administrator of the Environmental Protection Agency.
The thorny legal questions about relations between Congress and the executive branch that were in play then and today could end up being decided by a Supreme Court that now features her son, Neil Gorsuch.
Then, like now, a Democratic House of Representatives wanted access to documents that a Republican president said were privileged law-enforcement materials. As a result of the Reagan administration’s refusal to comply with a congressional subpoena, Ms. Burford was cited for contempt, sparking a legal battle that culminated in her resignation.
Mr. Barr, who was a young lawyer in the Reagan administration at the time of the showdown involving Ms. Burford, is also expected to be cited for contempt. House Democratic leaders have scheduled a vote this week on a contempt resolution that would authorize a House lawsuit for access to the full Mueller report on Russian election interference. The Trump administration has said the report is protected by executive privilege. Another House committee is considering a separate contempt effort against Mr. Barr over census documents.
If either measure passes the full House, Mr. Barr will be only the third agency head ever held in contempt of Congress. Ms. Burford was the first, and Eric Holder, who was attorney general under President Barack Obama, was the second.
The Supreme Court has never decided the question of whether a congressional demand for information can overcome an executive-privilege claim by a presidential administration.
The 1982 fight involving Ms. Burford had its roots in the belief among a number of young lawyers in the Reagan administration that the Watergate scandal had weakened the presidency as an institution. Those lawyers wanted a test case to strengthen the executive branch’s hand in fighting back against demands from Congress for information and found one in Ms. Burford.
The Burford fight “was all part of the Reagan plan to retrieve purported lost powers as a result of Watergate and to create this unitary executive theory,” said Morton Rosenberg, a longtime legal analyst for the Congressional Research Service and now a fellow at the nonpartisan Project On Government Oversight.
Ms. Burford wrote in her 1986 memoir “Are You Tough Enough?” that the Reagan administration had first sought to enlist the interior secretary and the attorney general as possible test cases on executive privilege but they refused. Ms. Burford, however, agreed to test the constitutionality of an executive-privilege claim by refusing to hand over documents to Congress.
At issue were congressional subpoenas demanding information on hazardous waste dumps from the EPA. Mr. Reagan ordered Ms. Burford not to comply with the subpoena, citing the doctrine of executive privilege—a legal theory that has been blessed by courts that allows a president to shield some documents from public scrutiny in certain circumstances. In the landmark 1974 case United States v. Nixon, a unanimous Supreme Court said that executive privilege doesn’t protect documents in a criminal inquiry—in that case, Watergate—but has never decided a matter involving Congress.
People Are Trying to Figure Out William Barr. He’s Busy Stockpiling Power.
Is he the operator who spun the then-secret Mueller report? Or the straight shooter who later disclosed portions that were damaging to President Trump?
Attorney General William P. Barr is quickly emerging as the most influential figure in the second half of President Trump’s term.WASHINGTON — Not long before Attorney General William P. Barr released the special counsel’s report on Russian interference in the 2016 election, he strategized with Senator Lindsey Graham, the Republican chairman of the Senate Judiciary Committee, about one of his next moves: investigating the investigators.
Over a dinner of steak, potatoes and carrots in a wood-paneled conference room off Mr. Barr’s Justice Department office, the two discussed their shared suspicions that the officials who initially investigated the Trump campaign’s links to Russia had abused their powers.
They strongly agreed, Mr. Graham said, that “maybe one of the most important things we’ll ever do is clean up this mess.”
Less than two months later, Mr. Barr began his cleanup with the most powerful of brooms: a presidential order commanding intelligence agencies to cooperate with his inquiry, and sweeping power to declassify and make public their secrets — even if they objected.
The move illustrates Mr. Barr’s swift rise in the pantheon of President Trump’s most prominent and loyal allies — and in the eyes of Mr. Trump himself. In a cabinet stocked with government neophytes and placeholders, the deeply experienced Mr. Barr is quickly emerging as the most influential figure in the second half of Mr. Trump’s term.
“He is the closest thing we have to Dick Cheney,” said Charles J. Cooper, a former senior Justice Department official, referring to President George W. Bush’s unusually powerful vice president. “He is a strong-willed man with a forceful personality” and “well-formed, deeply studied views.”
But his rising power over the intelligence community has been accompanied by swelling disillusionment with Mr. Barr among former national security officials and ideological moderates. When he agreed late last year to take the job, many of them had cast him as a Republican straight shooter, steeped in pre-Trump mores, who would restrain an impetuous president.
Now they see in him someone who has glossed over Mr. Trump’s misdeeds, smeared his investigators and positioned himself to possibly declassify information for political gain — not the Bill Barr they thought they knew.
“It is shocking how much he has echoed the president’s own statements,” said Mary McCord, who led the Justice Department’s national security division at the end of the Obama administration and the start of the Trump era. “I thought he was an institutionalist who would protect the department from political influence. But it seems like everything he has done so far has counseled in the opposite direction.”
So which is the real William P. Barr?
Is he the upright defender of the presidency who used his discretion to disclose nearly all of the 448-page Mueller report, even though it hurt Mr. Trump? Or is he a manipulator who has skewed the special counsel’s evidence in Mr. Trump’s favor and is now endorsing questionable legal arguments to fend off legitimate congressional inquiry?
An examination of his record, coupled with interviews of more than two dozen associates, suggests elements of both: He is neither as apolitical as his defenders claim, nor as partisan as his detractors fear. Instead, he is a complex figure whom the right cannot count on to be a Trumpland hero and whom the left cannot dismiss as nothing more than a political hack.