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Trump and Barr both insist that he has been cleared, but that's not what more than 1,000 former federal prosecutors who read the Mueller report say: The evidence described in the report would lead to an indictment of anyone else in the country. If that's right, we simply cannot have a president who remains in office because of a technicality.
Neal Katyal
Barr has thrown himself in with Trump in ways unbecoming to the nation's highest legal official. His conduct in trying to clear Trump is of a piece with his baseless attacks on 'spying' by the FBI and his defiance of Congress's subpoenas.
The Solicitor General is responsible for overseeing appellate litigation on behalf of the United States and with representing the United States in the Supreme Court.
The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power.
Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace.
I served in two administrations very high up in the Justice Department.
The idea that the special counsel regulations, which were written to provide the public with confidence against a coverup, would empower an attorney general to restrict disclosure in an investigation of the president is a nonstarter.
I don't want to get into predicting how Judge Gorsuch would vote on the Supreme Court as a Justice Gorsuch. But I will say that those of us who've seen him in court as a judge, those of us who have worked with him as I have on a appellate rules committee, understand that this is a man who brings independence and integrity to the job.
The Supreme Court should televise its proceedings.
Our Supreme Court has been very clear that the government can't just simply say something and make it so.
Trump knows he's facing some pretty strong criminal liability when he leaves office, one way or another. Even if a sitting president can't be indicted, he's got to know his future looks like it's behind bars unless he cuts some sort of deal with the prosecutors.
I used to walk down the Justice Department on the fifth floor and see all those portraits of legendary attorneys general, Griffin Bell and Robert Jackson and people like that. Bill Barr will not be like that.
Firing the prosecutor who's about to get you or your campaign is kind of quintessential obstruction of justice.
Traditionally, in America, we have accountability as kind of a key feature of each branch of government in some way. So, you know, you obviously have to run for office. Or if you're a judge, you've got to be nominated by political officials and so on.
I think there is a role for courts in a variety of areas, but the notion that we can allow a federal judge to run our greenhouse gas policy strikes me as preposterous.
My wife is a doctor at a veteran's hospital.
I generally sleep about four hours.
I'm blessed with the fact that I don't need a tremendous amount of sleep.
In some cases, Justice Department leaders can supervise investigations despite having personal knowledge about the entities involved.
It simply cannot be that the president can name his own temporary attorney general to supervise an investigation in which he and his family have a direct, concrete interest.
Appellate advocacy, particularly at the Supreme Court, is really intimate. I mean, you're just a few feet away from the Chief Justice. You know, if you're sweating, they see you.
If I got my hands on the Mueller report, the thing I'd want to see is what are the reasons why Barr made the conclusion about obstruction of justice that he did? Was it because of the facts? If so, why didn't he try and interview Trump to learn all the facts?
Obstruction of justice requires a corrupt intent.
The special counsel regulations were written to provide the public with confidence that justice was done.