Stuart M. Gerson Letter-Rule Of Law And Bill Barr

Stuart M. Gerson
Stuart M. Gerson

“While defense counsel might have broader license to argue about the facts and the law, the federal prosecutor owes a special duty to the public and to the court to argue responsibly and always to state the facts as they are, not as one might like them to be. If government lawyers were forced to fight with a metaphorical hand tied behind their backs, they welcomed the challenge, and far more often than not persevered and prevailed.”

Prosecutors Have Great Power

“Prosecutors have great power in their charging decisions and in the conduct of criminal litigation. Their decisions and the results that they produce must be, durable. That is their actions must be perceived as fair and consistent by the public who needs to know how they are expected to conform their conduct to the requirements of the law and, preparation, the government achieves a high conviction rate and most criminal cases result in guilty pleas, with the added outcome that prosecutors” recommendations within the framework of the sentencing guidelines are generally given great weight. This magnifies the prosecutors’ responsibility to assure that the sentences of offenders in comparable cases are not made disparate by racial, economic or social bias or personal favorism.”

Adherence To Principles

Rule of Law“Adherence to these principles is what has caused now more than 2,600 former prosecutors’ and Department of Justice lawyers to sign a letter of protest concerning the current Attorney General’s decision, to override, apparently without consulting them, the trial team’s sentencing recommendation in the case of Roger Stone, a crony of the president convicted among other things of lying under oath and obstructing a witness. Though he has many attributes, including a keen intellect, the Attorney General has never been a prosecutor. He has never stood before a federal jury and announced with humility, that the United States of America is ready for trial, or allocuted sentencing. It is not necessary qualification to be the Attorney General to have done these things, but I can say from my own experience that it helps.”

“In the wake of the withdrawal from the Stone case of the four experienced government attorneys who prosecuted it, and the widespread support throughout the legal community that these attorneys’s have received, supporters of the Attorney General have argued that the criticism of him is unwarranted because he simply is doing his job, in this case correcting a sentencing recommendation that he believes was to harsh.”

“His supporters, include those who may be well motivated, missing the point.”

What Was Bill Barr Thinking

Bill Barr 3
AG Bill Barr

“Whatever the Attorney General was thinking, his low-ball recommendation gives more of a whiff of favoritism than it does of principle. Indeed, one cannot recall any similar leniency being ordered in any other case, particularly in the host of cases that the government brings against members of minority groups or these who are economically disadvantaged. In fact, the Stone prosecution team did no more than to follow the Department policy of the so-called, Sessions Memo, that required them to seek the most severe sentence that the facts of the case allowed. In short, it looks to many present and former federal prosecutors’ that undue leniency was being afforded to a privileged, white friend of the president, who himself lent credence to the charge of favoritism by his relentless social media criticism of the case, the prosecutors’, and even the presiding judge.”

“Of course, it is not unusual for Attorney General or his top subordinates to have disputes with line lawyers and to override their recommendations. Indeed, while acting Attorney General during the first part of the Clinton administration, I caused the discharge of two United States Attorneys and FBI Director. But that involved disagreements of substance, intended on my part to assure consistency with settled law, not to create disparity in its administration.”

Gerson And Barr Working Together

“I worked effectively with Attorney General Barr during the entirety of the first Bush Administration and respect his intellect and a great many of his most strongly-held views, but not on his historically and constitutionally erroneous view of the power of the Executive. The President may be a, Unitary Executive, the predominant Article II officer, but his power does not extend to the other branches. I have been asked whether I thought that Barr’s views somehow have evolved to the positions that he now takes that seem to extol absolutist Executive Power and quasi-authoritarian views who is amenable to, and intensifies, his Attorney General’s views. Their relationship is symbiotic: each enables the other, Barr with the far stronger intellect, the president with his visceral public voice.”

Attorney General Barr Catering To Trump

trump and barr 2
Trump and Barr

“New reports have suggested that Attorney General claims to be more concerned about doing what he believes is the right thing than he is in getting support from the rank and file at the Department. But you can’t’t lead if only a few are willing to follow. And it is clear that there is a substantial segment of the line lawyers at the Justice Department and in the U.S. Attorney’s offices who are looking more over their shoulders than straight ahead. They are concerned not only about the Stone case, but also about the case of disgraced presidential adviser Flynn, also a subject of presidential tweeting. And they are concerned about what they see as now-routine punitive appointments of favored outside federal attorneys to oversee their cases at the Department and in their districts. Many also were concerned about the misrepresentation of the findings of the report of Robert Mueller, who is a highly-respected former lead of the Criminal Division. Still other insiders bridle at having to support presidential contravention of Congress’s specific intent in the effort to reprogram moneys denied him for his border wall. It also is clear that the appointment of an interim U.S. Attorney for the District of Columbia has caused a strongly negative reaction among the career prosecutors’ there and elsewhere.”

In Conclusion

“In summary, many citizens both inside and outside the Department of Justice are asking whether DOJ stands for the rule of law or for the rule of authoritarian administration. Adherence to the law and the Department’s traditions demands that it clearly be the former. There is no room for error or even the perception of it being otherwise.”

I ran across this article by Stuart M. Gerson, former Attorney General and I had to post it. With 2,600 former Department of Justice employees coming out and signing a letter about why Attorney General Barr should resign, after interfering in the Roger Stone case, of course this was right after Donald Trump tweeted that Stone was treated terribly and how he did nothing wrong. Trump has also tweeted negative statements about the judge in the Stone case as well as a juror and how she was never a Trumper, and was bias. Well, my opinion is that this is, or continues to be, another Trump cover-up for his criminal behavior that was brought to light in the Mueller Report, which Barr came out and said that there was nothing there/there, well the truth will come out in slow dripping fashion and no one can stop it. The Trump Administration will continue to stall and lie about the truth, but mark my words it will come out, I just hope it is not to late. The information that is coming out is very important to know, we have an authoritarian in the White House and that is not what our constitution says and or is about. We as Americans have to up-hold the constitution and the leaders that we elect to up-hold their oaths when they take office to up-hold the constitution. That is our responsibility as American citizens.

If you have any questions or want to leave a comment, please do below and I will get back with you as soon as I can.

All The Best,

Bobbi

EMAIL:  bobbi@greatpoliticalbooks.com

6 thoughts on “Stuart M. Gerson Letter-Rule Of Law And Bill Barr”

  1. It is such a shame that an Attorney General whom the American population is depending on to honestly protect their rights can so blatantly defend someone like Trump and a president who flouts the law with no recourse. History will not be kind to those who hold such office to allow Trump to get away with ignoring the rule of law and enabling a dictatorship. If Barr doesn’t take a stand, who will?

    1. Thank you JJ for your comment, as far as no one to hold Trump accountable, it seems that we the people are the only ones left, with the majority of the senate being republican, and the AG being a crony just like all Trump allies, it is safe to say that unless we elect a new president we will be in a very dangerous place, and our constitution will mean nothing no more. 

  2. What a wealth of info here…I read in depth for over an hour about the rule of law and bill barr, as well as the article on Impeachment vote corrupt monarchy. I really enjoyed the articles it gave me a overview of info and another side of what seen on cnn and tv. As a canadian citizen I’m not as In too USA politics as US Persons whom it effects immensely although I do try to keep a keen eye and watch whats going on as when US gets a cold we def feel it here too. Given a ton of info from your site and a far more in depth look at the political array of BS that CNN wouldn’t post and for that Im defiantly going to be a daily new site viewer, thanks for your research and sharing your views and knowledge!!! 

    1. Thank you Krissie for your comment, our two countries are neighbors and allies, I am aware of some of Canada’s policies and how it affects the U.S., especially trade deals. It is quite scary here in the U.S. with a government that lies consistently and now with the coronavirus spread world wide, it is extremely important to call out officials who do not follow the rule of law. We need honesty and humanity in the White House and I am sad to say that we do not have that right now. I appreciate also that you enjoyed the Impeachment vote corrupt monarchy article, the more we know the better off we are as people, and our governments should always do for the people, not vice versa.

  3. Thank you so much for the article.

    Not much of a political guy here but I am interested in knowing more about American politics but I know there are problems in our political system and we can’t allow old people to run it and there outdated thoughts and biases get the best of them.

    We need fresh minds in our political system.

    1. I somewhat agree with you, but first we need to stabilize the mess that has been caused by the Attorney General and the Trump Administration, let alone the Republicans who will not stand up to the rule of law. Thank you so much for your comment Michael. Fresh minds is always good, in any business. Government is our business, in many aspects so this is the somewhat agree that I mentioned.

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