Of all the false narratives spun by President Trump’s opponents in Congress, the press and the academy – and there are many – perhaps the most nonsensical is that William Barr has been President Trump’s legal henchmen, using the instruments of the DOJ to go after Trump’s opponents and protect Trump’s friends.
This is absurd.
For starters, William Barr’s DOJ has not indicted a single so-called Trump enemy. Despite loud and continuous pressure to do so from many — including Trump, who Barr allegedly meekly acquiesces to — Barr has not prosecuted James Comey, Andrew McCabe, Hillary Clinton, Barack Obama, or Joe Biden.
Which political figure has, in fact, been indicted under Barr’s DOJ? Just one: Trump’s former campaign chairman and senior advisor Steve Bannon.
This is the opposite of going after Trump’s political enemies.
But what about Roger Stone and Michael Flynn – two Trump associates who allegedly received highly improper special treatment from Barr in their criminal cases?
Yes, Barr intervened in these matters. But he did nothing improper. Barr did not terminate the Stone prosecution; he called it “righteous.” Instead, Barr’s DOJ rescinded a 9-year prison recommendation for Stone, a 68-year-old first-time, non-violent offender. The judge in the case agreed that nine years was far too long, sentencing Stone to 40 months.
As for Flynn, Barr dropped the prosecution of Trump’s former National Security Advisor in light of established irregularities relating to the investigation and on the recommendation of a senior DOJ prosecutor.
In other words, William Barr showed leniency towards these two men. He did so with legitimate bases and well within his authority as the Attorney General.
This is hardly the actions of a henchman.
Finally, perhaps the worst thing Barr did in the eyes of his critics was issue a letter in March of 2019 characterizing — or, they say, mischaracterizing — the Mueller report. The uproar surrounding this letter was enormous. But Barr voluntarily released the full report just weeks later.
Think about this for a moment. According to his critics, issuing a letter summarizing a report shortly before voluntarily releasing the entire thing was a scandalous impropriety, establishing Barr as President Trump’s henchmen.
Nonsense.
William Barr became Attorney General in the middle of a political firestorm. President Trump was under criminal investigation for allegedly conspiring with Vladimir Putin, numerous of his associates were under indictment, and Trump was calling for the prosecutions of his political opponents. Barr’s acts of leniency and restraint turned down the temperature in a healthy and positive way.
The real problem with Barr (for Trump’s opponents) is that he has treated Trump like a duly elected president. As a Senate-confirmed member of the cabinet, Barr has appropriately advanced the interests of the administration while not crossing any improper lines. The narrative that he has been Trump’s henchman – going after Trump’s enemies and protecting his friends – is fundamentally at odds with the basic facts.
William Cooper is an attorney whose writings have appeared in The Wall Street Journal, Baltimore Sun, USA Today and New York Daily News, among others.
