Trump/Barr DOJ —Barr’s onerous abuse of authority and obsequious fealty to Trump by targeting the; New York Times. Washington Post. CNN. Members of Congress - it is antithetical to our Democracy
Incredible reporting. Thank you as always. I was saving this read until my day slowed, and I am glad I did.
It drives crazy that people are being impatient with Garland. As you say, he just took over and was handed a huge pile of crazy. Hopefully, he will cleanse the DOJ of any tainted by Barr and RR who certainly deserve their own comeuppance. As for the rape case, trump is the worst POTUS ever, but that case should not have come forward while he was in office. Can you imagine the insane lawsuits from the GQP if the DOJ doesn't protect Biden too?!
Glad you found it informative —typos and all. Like I said I saw a void in public reporting and I wanted my readers to have access to these little unknown documents - especially SIMs —I genuinely think Congress should either appoint a special counsel or immediately pass the IG Access Act - the House unanimously passed it in Jan 2019 and it languished in the Senate, only to be re-introduced in Feb 2021. The reason the DOJ OPR isn’t a viable entity to investigate is its highly partisan and reports to the AG. But short of codify this and/or publishing new CFRs then the DOJ-OIG can’t really do much because by law they are prohibited. Plus we need laws so if we ever have an AG or POTUS like Barr or Trump —that career & political DOJ employees can cite laws versus suggestions or guidelines.
Interesting. It's surprising there isn't a way for the DOJ to police itself. And yes, there definitely needs to be a special counsel. There's no end to their abuse of power.
This newsletter is a difficult, intensive read, and it’s also unbelievable; a complete “Wow.”
The videos of testimony from Elias, Ayer and Horowitz clearly present portraits of integrity, and it is shocking to hear the warnings from these men, side-by-side with our full understanding that their sincere efforts will be rendered impotent due to the depth of corruption in the modern GOP, and the DoJ under William Barr.
Holy God, you’re a tower of strength, Mic; I don’t know how you carry on so valiantly, (especially) in spite of the efforts to silence your massive contributions. The scale of these comprehensive assaults on democracy is terrifying. Some of us are feeling both depleted and debilitated by the years-long adrenal surge, and others have had to look away out of self-preservation. It’s impossible that you’re not feeling this same sense of exhaustion, yet you continue to inspire.
It was hard to write because I had to edit, re-edit and edit my personal feelings out. I wasn’t as successful as I had intended to be. But I felt there was a significant void of actual facts in the current public discourse. I don’t think most people know about the DOJ’s S.I.M. and the clear departmental guidelines (of which it appears Barr & Rosenstein violated)...so I wanted my readers to have access to the governing documents via the FBI Vault. My contacts at DOJ pointed me in the right direction because in the framework of the IG Act (and the Senate’s failure to codify new law or amend current law) someone had to explain why the DOJ-OIG investigation/ announcement is unacceptably inadequate. By (current) Law the DOJ-OIG is precluded from investigating ANY DOJ attorney -from line Prosectors all the way up to the Attorney General. Hopeful I explained that in painful detail. But yes that article has a lot to unpack. Good news is I only found 2 typos (snort) —if only I could hire an editor 🤓🥸😎🤓
Thank you as always. A lot of information to perseverance on. One of the greatest tragedies in the aftermath of the Trump era, is the ongoing damage to our institutions. As you stated, our most revered institution is not oonly under attack, but has been politicized. It can’t be a Trump justice or a Biden justice. The erosion of faith in our institutions is heartbreaking and an affront to all long-standing public servants whose love of the law and justice department are what make our country unique. Will keep returning to this to absorb more. I would like to see Rosenstein questioned as well as Barr and agree that the ABA should revoke his law license. They should revoke anyone’s law license whether left or right, if they violated their oath to uphold the law.
I want to chime in and thank you, too. Agree, this is in parts difficult to follow/understand, but yes, we need laws to prevent this from ever happening again. And it sounds like a Special Counsel is very much needed in order to hold certain folks (like former AG Barr, Acting AG Rosenstein etc accountable. An IG cannot really recommend indictments, right? Who would then file charges if the report warrants it? I assume the new AG? Thank you for all you do! Have a great day!
Those are excellent questions - and I’ll do my best to respond in a factual manner with documents or links to support my answers.
1) the DOJ-OIG & indictments —> “An OIG investigation* can result in a criminal proceeding only if DOJ accepts it for criminal prosecution. For a case that has been declined for potential criminal prosecution by DOJ, or did not require referral to DOJ, the employee may receive a written advisement to such effect and the employee must then fully cooperate with OIG”
2) who would be in charge —> pursuant to Number: DAO 207-10 -once the DOJ-OIG finalizes their investigation/report if a criminal referral is made then the prosecution lead would likely the Head of division it was referred to. For Example if the OIG investigation determines laws were broken related to National Security then the NSD of the DOJ would take lead
3) VERY IMPORTANT because Sessions, Barr and Rosenstein are no longer employed by the Government— there isn’t a requirement for them to cooperate with the DOJ-OIG —meaning it would likely be Congress who could compel (via subpoena) the aforementioned to appear before Congress and provide testimony
3a) again due to the current law - which has “jurisdictional carve-out” of the DOJ-OIG - the IG is precluded from investigating DOJ attorneys (from line prosecutors all the way to the Attorney General) and it’s frustrating seeing various MSM completely ignoring this glaring and significant factor. Because to the best of my knowledge the AG can’t “supplement” the IG Act - only Congress has that power, vested to them by our Constitution.
However one thing to keep in mind is the DOJ-OIG can investigate the FBI agent(s) who may have provided the Court with an Affidavit. We know that is likely the case for both CNN and NYTs because of the Court’s blanket gag order. Again I’m not saying the FBI did anything wrong (it’s possible) -that said I’m certain in 45-60 days this will likely be “the big msm” story. I just can’t see how the DOJ-OIG has the authority to compel Sessions, Barr & Rosenstein to cooperate with their investigation —and I can see current DOJ attorneys involved in this unholy mess of gunk arguing the OIG doesn’t have the power to investigate them - only the DOJ-OPR can investigate DOJ attorneys
WHOA!! THANK YOU for this! Now I understand why demanding tweets (and I have to include myself at times) are not helping i.e. "Indict them now". I truly appreciate your help educating me. THANK YOU SO MUCH! Will mark my calendar for the possible big MSM story ;) —let's see how this all will develop.
Incredible reporting. Thank you as always. I was saving this read until my day slowed, and I am glad I did.
It drives crazy that people are being impatient with Garland. As you say, he just took over and was handed a huge pile of crazy. Hopefully, he will cleanse the DOJ of any tainted by Barr and RR who certainly deserve their own comeuppance. As for the rape case, trump is the worst POTUS ever, but that case should not have come forward while he was in office. Can you imagine the insane lawsuits from the GQP if the DOJ doesn't protect Biden too?!
Hope you are enjoying a lovely Sunday afternoon.
Glad you found it informative —typos and all. Like I said I saw a void in public reporting and I wanted my readers to have access to these little unknown documents - especially SIMs —I genuinely think Congress should either appoint a special counsel or immediately pass the IG Access Act - the House unanimously passed it in Jan 2019 and it languished in the Senate, only to be re-introduced in Feb 2021. The reason the DOJ OPR isn’t a viable entity to investigate is its highly partisan and reports to the AG. But short of codify this and/or publishing new CFRs then the DOJ-OIG can’t really do much because by law they are prohibited. Plus we need laws so if we ever have an AG or POTUS like Barr or Trump —that career & political DOJ employees can cite laws versus suggestions or guidelines.
Interesting. It's surprising there isn't a way for the DOJ to police itself. And yes, there definitely needs to be a special counsel. There's no end to their abuse of power.
This newsletter is a difficult, intensive read, and it’s also unbelievable; a complete “Wow.”
The videos of testimony from Elias, Ayer and Horowitz clearly present portraits of integrity, and it is shocking to hear the warnings from these men, side-by-side with our full understanding that their sincere efforts will be rendered impotent due to the depth of corruption in the modern GOP, and the DoJ under William Barr.
Holy God, you’re a tower of strength, Mic; I don’t know how you carry on so valiantly, (especially) in spite of the efforts to silence your massive contributions. The scale of these comprehensive assaults on democracy is terrifying. Some of us are feeling both depleted and debilitated by the years-long adrenal surge, and others have had to look away out of self-preservation. It’s impossible that you’re not feeling this same sense of exhaustion, yet you continue to inspire.
It was hard to write because I had to edit, re-edit and edit my personal feelings out. I wasn’t as successful as I had intended to be. But I felt there was a significant void of actual facts in the current public discourse. I don’t think most people know about the DOJ’s S.I.M. and the clear departmental guidelines (of which it appears Barr & Rosenstein violated)...so I wanted my readers to have access to the governing documents via the FBI Vault. My contacts at DOJ pointed me in the right direction because in the framework of the IG Act (and the Senate’s failure to codify new law or amend current law) someone had to explain why the DOJ-OIG investigation/ announcement is unacceptably inadequate. By (current) Law the DOJ-OIG is precluded from investigating ANY DOJ attorney -from line Prosectors all the way up to the Attorney General. Hopeful I explained that in painful detail. But yes that article has a lot to unpack. Good news is I only found 2 typos (snort) —if only I could hire an editor 🤓🥸😎🤓
Thank you as always. A lot of information to perseverance on. One of the greatest tragedies in the aftermath of the Trump era, is the ongoing damage to our institutions. As you stated, our most revered institution is not oonly under attack, but has been politicized. It can’t be a Trump justice or a Biden justice. The erosion of faith in our institutions is heartbreaking and an affront to all long-standing public servants whose love of the law and justice department are what make our country unique. Will keep returning to this to absorb more. I would like to see Rosenstein questioned as well as Barr and agree that the ABA should revoke his law license. They should revoke anyone’s law license whether left or right, if they violated their oath to uphold the law.
I want to chime in and thank you, too. Agree, this is in parts difficult to follow/understand, but yes, we need laws to prevent this from ever happening again. And it sounds like a Special Counsel is very much needed in order to hold certain folks (like former AG Barr, Acting AG Rosenstein etc accountable. An IG cannot really recommend indictments, right? Who would then file charges if the report warrants it? I assume the new AG? Thank you for all you do! Have a great day!
Those are excellent questions - and I’ll do my best to respond in a factual manner with documents or links to support my answers.
1) the DOJ-OIG & indictments —> “An OIG investigation* can result in a criminal proceeding only if DOJ accepts it for criminal prosecution. For a case that has been declined for potential criminal prosecution by DOJ, or did not require referral to DOJ, the employee may receive a written advisement to such effect and the employee must then fully cooperate with OIG”
*data source DOJ-OIG FAQs https://www.oig.doc.gov/pages/faqs-about-oig-investigations.aspx#:~:text=An%20OIG%20investigation%20can%20result%20in%20a%20criminal,the%20employee%20must%20then%20fully%20cooperate%20with%20OIG.
2) who would be in charge —> pursuant to Number: DAO 207-10 -once the DOJ-OIG finalizes their investigation/report if a criminal referral is made then the prosecution lead would likely the Head of division it was referred to. For Example if the OIG investigation determines laws were broken related to National Security then the NSD of the DOJ would take lead
*data source https://www.osec.doc.gov/opog/dmp/daos/dao207_10.html
3) VERY IMPORTANT because Sessions, Barr and Rosenstein are no longer employed by the Government— there isn’t a requirement for them to cooperate with the DOJ-OIG —meaning it would likely be Congress who could compel (via subpoena) the aforementioned to appear before Congress and provide testimony
3a) again due to the current law - which has “jurisdictional carve-out” of the DOJ-OIG - the IG is precluded from investigating DOJ attorneys (from line prosecutors all the way to the Attorney General) and it’s frustrating seeing various MSM completely ignoring this glaring and significant factor. Because to the best of my knowledge the AG can’t “supplement” the IG Act - only Congress has that power, vested to them by our Constitution.
However one thing to keep in mind is the DOJ-OIG can investigate the FBI agent(s) who may have provided the Court with an Affidavit. We know that is likely the case for both CNN and NYTs because of the Court’s blanket gag order. Again I’m not saying the FBI did anything wrong (it’s possible) -that said I’m certain in 45-60 days this will likely be “the big msm” story. I just can’t see how the DOJ-OIG has the authority to compel Sessions, Barr & Rosenstein to cooperate with their investigation —and I can see current DOJ attorneys involved in this unholy mess of gunk arguing the OIG doesn’t have the power to investigate them - only the DOJ-OPR can investigate DOJ attorneys
https://www.justice.gov/opr
Sorry for the wordy response but your questions are excellent and I felt deserved a careful and researched response
WHOA!! THANK YOU for this! Now I understand why demanding tweets (and I have to include myself at times) are not helping i.e. "Indict them now". I truly appreciate your help educating me. THANK YOU SO MUCH! Will mark my calendar for the possible big MSM story ;) —let's see how this all will develop.