Barr will not appoint special counsels to probe Trump's election fraud claims, or Hunter Biden

[webfact]

Barr will not appoint special counsels to probe Trump's election fraud claims, or Hunter Biden

By David Shepardson and Mark Hosenball

 

US Attorney General William Barr participates in a news conference to provide an update on the investigation of the bombing of Pan Am flight 103 on the 32nd anniversary of the attack, at the US Department of Justice in Washington, D.C, U.S., December 21, 2020. Michael Reynolds/Pool via REUTERS

 

WASHINGTON (Reuters) -U.S. Attorney General William Barr has no plans to appoint special counsels to investigate President-elect Joe Biden's son, Hunter Biden, or to investigate President Donald Trump's unfounded claims of election fraud, he said on Monday.

 

Speaking to reporters two days before he plans to step down from his position as the nation's top law enforcement official, Barr once again distanced himself from Trump's claims, contrary to evidence, that his election defeat was the result of widespread fraud.

 

Barr, one of Trump's staunchest supporters, said he saw "no basis" for the federal government to seize voting machines used in the Nov. 3 presidential election and affirmed earlier comments that he saw no evidence of systemic fraud in the election.

 

"I stand by that statement," Barr said on Monday, referring to comments made in a Dec. 1 interview with the Associated Press.

 

Barr last week said he would leave office on Dec. 23, a little less than a month before Biden is sworn in on Jan. 20. Trump announced Barr's resignation after criticizing him for not supporting his fraud claims.

 

Barr declined to say if he thought Trump could pre-emptively pardon himself, which would effectively immunize him from federal investigations after leaving office. The U.S. courts have not resolved if a president as a legal right to do this, as no president has yet attempted a self-pardon.

 

State and federal election officials have repeatedly said there is no evidence to support Trump's claims that his defeat was the result of widespread fraud. Multiple courts have rejected lawsuits brought by Trump supporters advancing those claims.

 

Biden beat Trump by 306 to 232 votes in the state-by-state Electoral College that chooses the president, as well as by more than 7 million ballots in the popular vote.

 

Hunter Biden disclosed earlier this month the U.S. Attorney’s Office in Delaware is investigating his tax affairs.

 

The Hunter Biden investigation "is being handled responsibly and professionally currently within the department," Barr told a news conference.

 

Last week, Barr's successor, Deputy Attorney General Jeffrey Rosen, in a Reuters interview declined to say if he would appoint a special counsel to investigate Hunter Biden or election issues, but said he would he would act on any issues "on the basis of the law and the facts."

 

In May 2019, Barr tapped federal prosecutor John Durham to investigate Obama-era intelligence and law enforcement officials for possible crimes in connection with their early-stage probe of whether Trump’s 2016 presidential campaign colluded with the Russian government.

 

On Dec. 1, Barr disclosed he had elevated Durham to the role of special counsel in October so that he could continue his criminal investigation - a move that will make it politically difficult for Biden to remove him from the post until the probe has concluded.

 

Barr said on Monday he expected Durham and his team "will be able to finish their work."

 

Trump was impeached by the Democratic-led U.S. House of Representatives in December 2019 on charges of abuse of power and obstruction of Congress stemming from his efforts to pressure Ukraine to investigate Joe Biden and Hunter Biden. Trump was acquitted by the Republican-led Senate in February.

 

Trump has privately been mulling whether to pressure the Justice Department to appoint a special counsel to look in to Hunter Biden, according to a person familiar with the matter, Reuters reported earlier.

 

(Reporting by Mark Hosenball and David Shepardson in WashingtonWriting by David ShepardsonEditing by Scott Malone and Matthew Lewis)

 

-- © Copyright Reuters 2020-12-22

 

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[Tug]

Uh ho donalds not going to be happy lol wish old billey Barr showed this backbone 3 years ago,expect epic tweet storms and tantrums how dare he contradict Donald oh my lol

[Jeffr2]

I guess he knows he's done, so now he's not supporting Trump's lies and conspiracy theories?  Either way, a horrible man.

[Scott]

Troll post reported and removed along with reply.

 

[OneMoreFarang]

Imagine the USA would have had an Attorney General who worked for the USA instead of Trump in the last years.

That would have changed history dramatically.

IMHO Barr should go to jail for neglecting his job.

[cmarshall]

Barr's statements demonstrate that he already has a pardon from Trump in his pocket and pardons cannot be revoked.  There is no requirement, by the way, that a pardon be publicly disclosed.

[Chomper Higgot]

29 minutes ago, cmarshall said:

Barr's statements demonstrate that he already has a pardon from Trump in his pocket and pardons cannot be revoked.  There is no requirement, by the way, that a pardon be publicly disclosed.

He might have a pardon but is it secure.

 

For example would it stand if it were corruptly given?

 

Would it stand if Trump were a coconspirator in the crimes to which it relates?

 

Barr’s actions of late could equally be the result of him not getting a pardon and wishing now to portray himself as a ‘good guy’.

 

 

 

 

 

Edited December 22, 2020 by Chomper Higgot

[Jeffr2]

27 minutes ago, cmarshall said:

Barr's statements demonstrate that he already has a pardon from Trump in his pocket and pardons cannot be revoked.  There is no requirement, by the way, that a pardon be publicly disclosed.

Presidential pardons are published for all to see.  If Trump issues one to himself, that will for sure be brought up in the courts.  Who knows how that will play out, but either way, not good.

[cmarshall]

14 minutes ago, Chomper Higgot said:

He might have a pardon but is it secure.

 

For example would it stand if it were corruptly given?

 

Would it stand if Trump were a coconspirator in the crimes to which it relates?

 

I hope it would be challenged, but keep in mind no pardon has ever been overturned.  Some theories of the pardoning power hold that while the act of conspiring to obtain a corrupt pardon might make the recipient liable to prosecution for that very, the pardon itself might still hold.  

 

So, my expectation is that if Barr does have a pardon, it will not be overturned.

[cmarshall]

12 minutes ago, Jeffr2 said:

Presidential pardons are published for all to see.  If Trump issues one to himself, that will for sure be brought up in the courts.  Who knows how that will play out, but either way, not good.

There is no requirement to publish a pardon.  Barr, if he does have one, can keep it in his pocket until such time, if any, that he is indicted by a federal prosecutor at which point he can present to the judge.

[cmarshall]

It also looks like Barr's dithering about resigning from office before the end of Trump's term was motivated to avoid association with Trump's upcoming imposition of martial law.

[mtls2005]

They always grow a spine, well sort of.

 

 

What's to prevent Acting AG to be Rosen from appointing a special counsel or three? He'll resign in protest if forced to appoint Special Counsels you say. Donoghue will be elevated and he'll definitely do it. If not (he will I bet) then release The Kraken, and appoint Sydney Powell as pretend AG.

 

 

 

 

[Berkshire]

3 minutes ago, cmarshall said:

It also looks like Barr's dithering about resigning from office before the end of Trump's term was motivated to avoid association with Trump's upcoming imposition of martial law.

Barr can see Trump coming unhinged and wants no part of it.  He's also giving cover to his successor knowing that Trump will be demanding crazy sht from the AG all the way through to 20 Jan.

[placeholder]

24 minutes ago, Jeffr2 said:

Presidential pardons are published for all to see.  If Trump issues one to himself, that will for sure be brought up in the courts.  Who knows how that will play out, but either way, not good.

Seems dubious that a vengeful and vindictive Trump would keep that information to himself now that Barr no longer toes the line.

[Jeffr2]

10 minutes ago, cmarshall said:

There is no requirement to publish a pardon.  Barr, if he does have one, can keep it in his pocket until such time, if any, that he is indicted by a federal prosecutor at which point he can present to the judge.

https://www.justice.gov/pardon/frequently-asked-questions

Presidential grants are a matter of public record, so immediately after Presidential action, the name of each person granted a pardon or commutation, along with the district they were convicted, year of sentencing, offense, and the date the President granted their request is publicly listed on the Office of the Pardon Attorney website.  This information may also be posted on The White House website and included in press releases issued by the Department or The White House. 

[cmarshall]

7 minutes ago, mtls2005 said:

They always grow a spine, well sort of.

 

What's to prevent Acting AG to be Rosen from appointing a special counsel or three? He'll resign in protest if forced to appoint Special Counsels you say. Donoghue will be elevated and he'll definitely do it. If not (he will I bet) then release The Kraken, and appoint Sydney Powell as pretend AG.

 

Trump could certainly fire Barr and every successor until he finds someone will to carry out his orders.  That's what Nixon did during the Saturday Night Massacre.  

[mtls2005]

3 minutes ago, Jeffr2 said:

https://www.justice.gov/pardon/frequently-asked-questions

 

 

 

Tons of detail there, thanks.

 

Loved this Q and sort of A:

 

Can the President pardon himself?
That is a question best answered by the Department's Office of Legal Counsel.  You may contact them directly at www.justice.gov/olc/contact-olc.  

 

 

The most important question arguably, great answer! Amazed they just didn't redact it.

 

 

 

 

 

 

[Eric Loh]

1 hour ago, Tug said:

Uh ho donalds not going to be happy lol wish old billey Barr showed this backbone 3 years ago,expect epic tweet storms and tantrums how dare he contradict Donald oh my lol

Not one but two contradictions at the news conference. He also contradicted Trump on the Russia' hack of US government agreeing with Pompeo. Expect a mother of all tantrum from the petulant one. 

[cmarshall]

5 minutes ago, Jeffr2 said:

https://www.justice.gov/pardon/frequently-asked-questions

Presidential grants are a matter of public record, so immediately after Presidential action, the name of each person granted a pardon or commutation, along with the district they were convicted, year of sentencing, offense, and the date the President granted their request is publicly listed on the Office of the Pardon Attorney website.  This information may also be posted on The White House website and included in press releases issued by the Department or The White House. 

I stand corrected as to the requirement.  

[Chomper Higgot]

Also keep in mind a preemptive pardon has never been tested before the courts.

 

 

[bendejo]

Perhaps Billy Boy will deliver a Christmas miracle: an uncensored Mueller Report.

God bless us all, everyone.  Except the US Royal Family.

 

On the other hand, looks like Santa has some coal for Rudy's stocking

https://www.nbcnews.com/politics/justice-department/feds-have-discussed-making-legal-request-giuliani-s-electronic-communications-n1250714

 

 

[cmarshall]

4 minutes ago, Chomper Higgot said:

Also keep in mind a preemptive pardon has never been tested before the courts.

 

But preemptive pardons nevertheless have a long history.  Andrew Johnson pardoned almost the whole Confederate Army, none of whom had been charged with a crime.  Carter did the same with the Vietnam era draft evaders.  Then there is Nixon's pardon "for all crimes that he has committed or may have committed."

 

So, I think the forthcoming pardons for Giuliani and the Trump spawn will probably survive legal challenges.

[Jeffr2]

2 minutes ago, cmarshall said:

 

But preemptive pardons nevertheless have a long history.  Andrew Johnson pardoned almost the whole Confederate Army, none of whom had been charged with a crime.  Carter did the same with the Vietnam era draft evaders.  Then there is Nixon's pardon "for all crimes that he has committed or may have committed."

 

So, I think the forthcoming pardons for Giuliani and the Trump spawn will probably survive legal challenges.

Agreed.  But that won't shield them from state charges.  Like Trump.  We can only keep our fingers crossed justice is served.

[cmarshall]

Just now, Jeffr2 said:

Agreed.  But that won't shield them from state charges.  Like Trump.  We can only keep our fingers crossed justice is served.

 

It's not clear that people like Barr, Flynn, or Giuliani have violated any state laws, although the Trumps have.

[mtls2005]

1 minute ago, cmarshall said:

So, I think the forthcoming pardons for Giuliani and the Trump spawn will probably survive legal challenges.

 

Agreed.

 

Just have to wait until the last moment so they can continue to crime right up to 20 Jan at noon.

 

I would expect that ~ 65% of the pardons are already written, Cippolllone has been busy, dated 19 or 20 Jan, awaiting "the Sharpie".

 

The other 35% are subject to auction bids I'd imagine.

 

 

 

 

 

[placeholder]

2 minutes ago, mtls2005 said:

 

Agreed.

 

Just have to wait until the last moment so they can continue to crime right up to 20 Jan at noon.

 

I would expect that ~ 65% of the pardons are already written, Cippolllone has been busy, dated 19 or 20 Jan, awaiting "the Sharpie".

 

The other 35% are subject to auction bids I'd imagine.

 

 

 

 

 

Here's hoping Trump comes down with writer's cramp. If he's half as unused to writing as he is to reading, it could happen.

[bendejo]

1 minute ago, Jeffr2 said:

Agreed.  But that won't shield them from state charges.  Like Trump.  We can only keep our fingers crossed justice is served.

 

And then there are civil suits.  I can see broad-scale wrongful death suits (like they hit OJ with), the relatives of those who died of Covid suing because their late relative believed DT that it was all a hoax and did not take precautions.  Possibly suits from people he defamed and had fired, but I guess the gov't will have to deal with those.  Just a few examples.

 

 

[cmarshall]

3 minutes ago, mtls2005 said:

 

Agreed.

 

Just have to wait until the last moment so they can continue to crime right up to 20 Jan at noon.

 

I would expect that ~ 65% of the pardons are already written, Cippolllone has been busy, dated 19 or 20 Jan, awaiting "the Sharpie".

 

The other 35% are subject to auction bids I'd imagine.

 

I am frankly a little puzzled that it hasn't occurred to Trump that he could preemptively pardon his entire 4,000 member administration a la Andrew Johnson.

[Jeffr2]

5 minutes ago, cmarshall said:

 

It's not clear that people like Barr, Flynn, or Giuliani have violated any state laws, although the Trumps have.

Barr and Flynn, for sure.  Giuliani?  Not so sure about that.  There's campaign finance violations, dodgy financial dealings, etc.  There are some looking into getting him barred.

 

https://www.latimes.com/opinion/story/2020-12-02/donald-trump-election-lawsuit-rudy-giuliani-jenna-ellis-abuse-of-court

Every litigator is acutely aware of the requirements of Rule 11 of the Federal Rules of Civil Procedure. It specifies that lawyers who sign a pleading are certifying to the court that 1) the factual contentions have evidentiary support; 2) the claims are warranted under the law; and 3) the lawsuit is not being presented for any improper purpose, such as to harass.

 

Rule 11 is a mechanism for imposing costs on frivolous lawsuits. Violators are subject to court-imposed sanctions such as an order directing payment of the opposing party’s attorney’s fees. States also prohibit frivolous lawsuits; sanctions at the state level may include the attorney losing his or her license to practice law.

[cmarshall]

1 minute ago, bendejo said:

 

And then there are civil suits.  I can see broad-scale wrongful death suits (like they hit OJ with), the relatives of those who died of Covid suing because their late relative believed DT that it was all a hoax and did not take precautions.  Possibly suits from people he defamed and had fired, but I guess the gov't will have to deal with those.  Just a few examples.

 

Those would be frivolous lawsuits without any chance of success.  Office-holders are not personally liable for the consequences of their policy decisions.  Defamation suits are seldom successful, because the bar of proving malice is too high.