On Wednesday afternoon, Attorney General William Barr blasted the members of his own department in a speech in which he insisted that he was perfectly justified in overruling legal decisions of career staffers, insisted that he can wade into any case in any way he likes, and informed the FBI that they were “agents of the attorney general” who worked directly for him. Not only did Barr’s declaration nix the idea that the agents and officers involved had sworn an oath to uphold the Constitution rather than the whims of Barr, there was a single underlying theme behind everything Barr had to say: Both the FBI and the Department of Justice (DOJ) are to stop going after people in power, and focus their attacks on the powerless.
As The Washington Post reports, Barr made it clear that as long as he is in charge, there will be no investigations of Trump’s friends. No looking into the wealthy and influential. Then the white men in the self-described positions of absolute power explained how they should really be going after Black Lives Matter protesters who, according to Barr, “are not interested in Black lives.” And he put a cherry on top by insisting that social distancing guidelines were the “greatest intrusion on civil liberties” since slavery.
In a nutshell, Barr explained how:
- He’s all-powerful, with the authority to levy any charge, dismiss any case, or investigate anyone he pleases.
- The FBI and DOJ should ignore criminal activity by the powerful.
- Instead they should focus their efforts on Black protesters, who have a “political agenda.”
Any questions?
While some conservative Republicans have long expressed the idea of a unitary executive, Barr apparently has a different idea of just who that executive might be. (Spoiler: It’s Bill Barr.)
As the man who has never prosecuted a case in his entire life dressed down experienced U.S. attorneys, and told them they were running their cases like preschoolers, he also made it clear that FBI agents needed to know their place. Which is as his personal servants. “These people are agents of the attorney general,” said Barr. “... whose agents do you think you are?" Apparently FBI agents had made the mistake of thinking that they were agents of the federal government who swore an oath to defend the Constitution. No more of that crap.
On a similar note, Barr explained how when he steps in to dismiss a case, alter a plea agreement, or order the department to go after someone, it’s not interference. “What exactly am I interfering with?” said Barr. “Under the law, all prosecutorial power is invested in the attorney general.”
Barr is literally claiming that his role gives him the unchallenged authority to determine justice in the United States. Of course he can rewrite the outcome of an investigation, or launch a second investigation into the first. Who is going to stop him?
Does this mean that Barr could oust Trump if he wanted? Well, it’s the DOJ that decides whether or not Trump can be charged, so Barr could certainly change that decision and charge him and then … there’s sure to be a way for Barr to come out on top. After all, if someone has the power to decide what is and isn’t the law, they have all the power.
A good portion of Barr’s tirade was devoted to the idea that the DOJ had “criminalized politics.” Of course, for Barr that perversely means they were going after people he didn’t want prosecuted. So it’s perfectly fine for him to step in to help Michael Flynn and Roger Stone, or to gut the findings of the Mueller investigation. And it’s equally fine for Trump to lead “lock her up” chants and make daily calls for the jailing of everyone from ex-FBI directors to former presidents.
But Barr saved particular ire to explain his deep understanding of what’s in the mind of Black protesters who took to the streets following the police murder of George Floyd. “They’re not interested in Black lives,” said Barr. “They’re interested in props, a small number of Blacks who are killed by police during conflicts with police—usually less than a dozen a year—who they can use as props to achieve a much broader political agenda.”
You hear that, Black protesters? It’s only a dozen or so unarmed Black men a year being killed by police. That’s an absolutely acceptable level of lynching. Get back to your fields.
The Fascism Watch hit midnight some time ago, when the Senate decided that even calling witnesses was no longer required in the pretense of maintaining democracy. But Barr is proving that just because it’s after midnight, doesn’t mean things aren’t still getting darker.