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This is not the first time that Barr interfered in criminal investigations involving Trump* courtiers. He also intervened to with a sentencing memorandum for Stone, that led to the withdrawal of four career prosecutors from the case and a call from thousands of DOJ alumni for Barr’s resignation. He earlier sought to soften the sentence to be imposed on General Flynn. This time, Barr has gone a step further and moved to dismiss the Flynn case outright. So once again, the lead prosecutor has quit the case, and the government’s filing was so unpersuasive that no career prosecutor was willing to sign it. It is signed only by a political appointee—Timothy Shea, the U.S. attorney for the District of Columbia, who was appointed by Barr—acting at the Attorney General’s direction.
Flynn was caught lying about his conversation with a foreign ambassador during a foreign-counterintelligence investigation. The lie was material when Flynn admitted it was, and nothing has changed since he did so.
Barr’s actions are so destructive—they destroy the norms of discretionary decision making. The American system of justice asks prosecutors to consider systematic questions—for example, whether the prosecution is a federal-law-enforcement priority or will have a significant deterrent effect—and issues that are specific to the individual, such as a person’s criminal history and the seriousness of the offense.
But never, until now‚ has it been acceptable to ask whether an individual has political connections to the president. Or if the prosecution would benefit his political interests.
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