The outgoing attorney general did more to enact the president’s priorities than any other member of the Cabinet, but that didn’t save him from White House hostility.
The paradox of Jeff Sessions’s tenure as attorney general is that no member of the Trump administration was so beleaguered and disparaged by President Trump, but no member got as much done.Even as he endured persistent verbal abuse from the president, Sessions steamed forward on a range of conservative social-policy priorities, aggressively reorienting the Justice Department’s stances on immigration, civil rights, and criminal justice, among other issues. In an administration plagued by incompetent and ineffective figures, Sessions was a paragon of efficacy—a distinction that horrified his many opponents, but did nothing to win Trump’s trust or affection.
- When it came time for Trump to pull the plug on the Deferred Action for Childhood Arrivals program, as he had promised he would during the 2016 campaign, the president got cold feet, but Sessions was happy to be the public face of the withdrawal. It was Sessions who
- tried to follow through (unsuccessfully) on Trump’s threat to cut off funding to sanctuary cities. It was Sessions who issued new guidance to immigration judges. And, most prominent, it was Sessions who
- went to the border to announce the Trump administration’s decision to separate migrant children from their parents.
Sessions openly said the plan to split families up was intended to deter migrants, even as other administration officials said otherwise. The policy was met with widespread and appropriate horror, and Trump eventually pulled back—but he had backed the plan before that, and Sessions had followed through... But these weren’t just Sessions’s pet issues. They were Trump’s as well. Hardline immigration policies, giving police free rein, fighting phantom voter fraud—these were all signature Trump projects. Sessions had been the first U.S. senator to endorse Trump, and Trump took from him a range of policy concepts—especially on immigration—as well as a top adviser, Stephen Miller. But Sessions’s stewardship of those projects didn’t return him to favor with Trump, who, according to Bob Woodward’s book Fear, called Sessions “mentally retarded” and a “dumb Southerner.”.. When McGahn’s departure was announced in August, I wrote that he’d been the most effective person in the West Wing, through his stewardship of judicial appointments. But Trump disliked and distrusted McGahn, and seemed eager to have him gone... Of course, the same issue poisoned both Sessions’s and McGahn’s relationships with Trump: the Russia investigation, and especially Special Counsel Robert Mueller’s takeover of it... Trump was angry that neither man had protected him. He raged at Sessions’s lack of “loyalty” and complained that Attorney General Eric Holder had “totally protected” Barack Obama. (What he meant by that is unclear.) He twice instructed McGahn to fire Mueller, and McGahn twice refused, once threatening to resign... Attorney General Matthew Whitaker assumes control of Mueller’s probe. Whitaker was outspokenly critical of the special counsel’s inquiry before joining the administration, so Trump may now have a leader of the Justice Department who is more pliable on the Mueller front. But the president is unlikely to find an attorney general who will do as much to move his priorities forward as Sessions did—and the new attorney general will come into the job knowing that loyalty and efficacy aren’t enough to garner favor with Trump.
— The National Enquirer kept a safe containing damaging documents on hush-money payments and other stories that it killed on Trump’s behalf. The AP’s Jeff Horwitz reports: “Several people familiar with the National Enquirer’s parent company … said the safe was a great source of power for [Pecker]. The Trump records were stored alongside similar documents pertaining to other celebrities’ catch-and-kill deals … By keeping celebrities’ embarrassing secrets, the company was able to ingratiate itself with them and ask for favors in return. But after [Karen McDougal’s catch-and-kill deal was revealed], those assets became a liability. … Fearful that the documents might be used against American Media, Pecker and [Howard] removed them from the safe in the weeks before Trump’s inauguration … It was unclear whether the documents were destroyed or simply were moved to a location known to fewer people.”
.. The Enquirer’s efforts to kill negative Trump stories extended way beyond the 2016 campaign: “Former Enquirer employees who spoke to the AP said that negative stories about Trump were dead on arrival dating back more than a decade when he starred on NBC’s reality show ‘The Apprentice.’ In 2010, at Cohen’s urging, the National Enquirer began promoting a potential Trump presidential candidacy, referring readers to a pro-Trump website Cohen helped create. With Cohen’s involvement, the publication began questioning [Obama’s] birthplace and American citizenship in print.”
.. — The Manhattan district attorney’s office is also weighing possible criminal charges against the Trump Organization and two of its senior officials. The New York Times’s William K. Rashbaum reports: “A state investigation would center on how the company accounted for its reimbursement to Mr. Cohen for the $130,000 he paid to [Stormy Daniels] … [Two] officials stressed that the office’s review of the matter is in its earliest stages and prosecutors have not yet made a decision on whether to proceed. State charges against the company or its executives could be significant because Mr. Trump has talked about pardoning some of his current or former aides who have faced federal charges. As president, he has no power to pardon people and corporate entities convicted of state crimes.”
.. “Trump’s lawyers counseled the president against the idea of pardoning anyone linked to the investigation … saying Trump should at least wait until [Mueller] has concluded his probe.
.. Asked about a pardon, one senior White House official said: ‘What does it accomplish? You pardon him, it doesn’t get rid of the Mueller probe, it causes you more headaches, he still has another trial, you have more Republicans coming after you.’”
.. “Trump’s consideration of pardons, while he praises associates who don’t cooperate with investigations and help those who praise him, also could have a chilling effect, law enforcement officials said,”
.. ‘The president has not a whit of respect for institutions, whether it’s the DOJ or the Fed or the FBI,’ said one former senior administration official. ‘If you are a threat to him, he is going to try to kill you.’
.. Two powerful members of the Senate Judiciary Committee who have been shielding Sessions gave air cover for Trump to fire him after Fox aired the interview. This is significant because a new AG who is not recused from the investigation could oversee Mueller’s work and rein in his probe.
.. — Sen. Lindsey Graham (R-S.C.), who recently golfed with Trump, said it’s “very likely” that the president will oust Sessions but urged him to wait until after the midterms to do so. “The president’s entitled to an attorney general he has faith in, somebody that’s qualified for the job, and I think there will come a time, sooner rather than later, where it will be time to have a new face and a fresh voice at the Department of Justice,” Graham said. “Clearly, Attorney General Sessions doesn’t have the confidence of the president.” (Graham sung a different tune last July. “If Jeff Sessions is fired,” he said then, “there will be holy hell to pay.”)
.. — Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) also shifted his position and announced he will now be able to find time to hold a confirmation hearing for a new attorney general this fall after the Supreme Court vacancy is filled. “Grassley said he was not advocating for a change at the Justice Department but simply responding to questions about timing,” Devlin Barrett, John Wagner and Seung Min Kim report. “Asked whether he still has confidence in Sessions, Grassley said: ‘Let’s put it this way, he’s a good friend.’
.. “Part of the disenchantment stems from a growing rift between Grassley and Sessions over Grassley’s legislation to change criminal justice policy. Sessions, whose views on law enforcement are shaped largely by 1980s-era mandatory-minimum sentences and harsh penalties for drug dealers, came out against the measure earlier this year, saying it ‘risks putting the very worst criminals back into our communities.’ Grassley has been willing to work with Democrats on legislation that would reduce prison sentences for some nonviolent drug offenders. He was furious that Sessions opposed his bill, one of his biggest legislative priorities… ‘It’s Grassley’s bill, and when the attorney general said he wouldn’t support it, Grassley said that was disloyal,’ said a person close to Sessions. ‘But … the attorney general isn’t going to be blackmailed.’”
I’ve been reading Sojourner Truth’s famous 1851 speech, “Ain’t I a Woman.”
“I could work as much and eat as much as a man, when I could get it, and bear the lash as well! And ain’t I a woman? I have borne 13 children and seen most of them sold off to slavery, and when I cried out with my mother’s grief, none but Jesus heard me! And ain’t I a woman?”
.. When Truth asked the group of mostly white women in her audience whether she was a woman, she was not simply pointing to the hypocrisy of Western thought in which nations and “civilized” societies were built on the enslavement, murder and exploitation of women and children. Truth’s question was a provocation, a challenge to a racial structure built on the dehumanization of an entire group of human beings.
.. The barbarity of American slavery should be recalled more often, if only to truly understand the significance of its demise. It was
- the grief of losing one’s child,
- being raped,
- tortured and
- separated from your own
- family and friends at a whim.
.. It was a system that normalized and codified its everyday brutality. It was life in constant fear and punishing, exacting labor. And it was completely legal.
.. Who successfully sued a white man to get back her son.
.. For example, Truth, in fact, had only five children, not 13 — an embellishment attributed to those who later transcribed the speech for the illiterate former slave.
.. I think of her standing in a courtroom to claim her child and I remind myself that this is what freedom means.
.. I participated in the Occupy movement, during which a crossracial coalition of people from New York to Honolulu protested income inequality, gentrification, police brutality and unjust incarceration. The movement had many successes, but in its immediate aftermath we saw widespread crackdowns in cities around the country on people’s ability to interact and exist in urban outdoor spaces — policies that have aided efforts to criminalize the nation’s homeless and pre-emptively arrest other vulnerable populations.
.. In order to have hope, I have to believe that, after the backlash, things — for black Americans and other oppressed people here and around the world — will change again.
.. For black Americans, the struggle of emancipation is riddled with its failures: sharecropping, lynching, segregation, disenfranchisement and brutal, unfair treatment by the criminal justice system.
.. John Lewis said in a recent tweet, “Do not get lost in a sea of despair.
Be hopeful, be optimistic. Our struggle is not the struggle of a day, a week, a month, or a year, it is the struggle of a lifetime.”
today’s true crime resurgence has an antecedent in the works of Fyodor Dostoyevsky, the Russian author of numerous novels about murder including, most famously, “Crime and Punishment.” Dostoyevsky was obsessed with the judiciary. He spent considerable time watching trials, debating with lawyers about the nature of innocence and guilt, visiting the accused in prison and trying to sway public opinion about certain cases.
.. Unlike contemporary consumers of true crime, who find themselves in the middle of a larger national conversation about police brutality and racial bias in sentencing, Dostoyevsky was writing at a time of tremendous enthusiasm and hope regarding the future of Russian jurisprudence. In 1864, Czar Alexander II instituted sweeping changes to the legal code, the most radical of which was the introduction of the jury trial. Dostoyevsky shared the country’s excitement over the changes, writing to a friend: “We will have just courts everywhere. What a great regeneration that will be!
.. Dostoyevsky himself had been victim to an overzealous judicial system. In 1849, he was sentenced to death for participating in the Petrashevsky Circle, an intellectual society influenced by the French utopian socialists.
.. he began to have serious doubts about the courts. For one, Russian juries produced an unusually high number of acquittals (about 40 percent in all cases).
.. Where was the space, he wondered, to properly attend to the moral regeneration of those who had committed acts of violence?
.. Dostoyevsky ultimately wanted people to feel more at ease with the concept of guilt, to embrace it as a feature of common humanity and to recognize our own complicity in the everyday acts of violence (cruelty, lack of love, stinginess) that drive people to moral transgressions.
.. He devoted his final novel, “The Brothers Karamazov,” to developing the idea of “collective guilt.” At the book’s center is the murder of Fyodor Karamazov, a derelict father who was violent, abusive and selfish, leading all his sons to, consciously or subconsciously, desire his demise.
.. Though ultimately killed by his illegitimate son, the other children all come to accept their own culpability in the steps that led to their father’s murder.
.. As true crime shows continue to proliferate today, Dostoyevsky’s evolution as a crime writer could prove instructive in expanding the genre’s reformist potential.
.. equal attention should be paid to stories of restorative justice, like that exemplified by podcasts like “Ear Hustle,” which is produced by inmates in San Quentin State Prison in California.
.. it is not only our task to support the innocent or wrongly convicted but also to recognize the humanity of the guilty and the shared sense of responsibility that we have for one another.