Tuesday, October 20, 2020

UPDATED: Barr Has A Responsibility To Act

On Fox this morning President Trump called on AG Barr to "act and act fast":

"This is major corruption and this has to be known about before the election," said Trump in an interview on "Fox & Friends." "We have got to get the attorney general to act. He’s got to act and he’s got to act fast, he's got to appoint somebody" the president added.

When asked how his campaign is going, he replied "It's just going very well," adding of Biden: "I think he’s imploding, you look at all that corruption in his family, tremendous corruption."


I'm personally opposed to "appoint[ing] somebody." Investigating criminality is what we have a Department of Justice for, and there's no need to "appoint somebody"--there's an appointee, confirmed by the US Senate, already in place. Trump is just repeating what the House GOP has said. That's fine for political effect, but not as policy--we've seen enough of the abuses involved in special counsels and special prosecutors.

However, as in so much involved with the "resistance" coup efforts against our constitutional order, we're in uncharted waters here.

If this were a matter simply of allegations, ginning up an investigation would seem to be an abuse--just like Crossfire Hurricane was. Sauce for the goose and for the gander as well!

But this doesn't appear to be a case of simply politically motivated allegations in the heat of a campaign--although these events are unfolding in that context. There are several differences:

1. The evidence that we've seen, as provided by the NYPost as well as, now, by other seemingly credible sources, present a strong prima facie case of gross corruption--influence peddling, money laundering, etc.

2. We also know that the FBI and a US Attorney's office have had the same material for at least nine months and--since the material was obtained via grand jury subpoena--had (and may still have) an investigation opened that took that material seriously.


In such circumstances my view is that the American people deserve at least this: They deserve to know what the status of the investigation is. Is it open, or has it been declined and closed, and on what grounds? The evidence as we have seen it is compelling and clearly points to a presidential candidate of a major party being completely compromised by our two major strategic rivals: China and Russia. The American people deserve to know about this, since it goes well beyond mere allegation.

There's a third factor that arises at this point:

3. While Rudy Giuliani and others have attempted to make these serious issues public on a timely basis--based on when they gained access to the information--the openly anti-Trump social media giants and other MSM outlets have imposed an unprecedented news blackout on the entire story. This is reminiscent of an op-ed that appeared in the WSJ back in July: Democracy Dies in Darkness, but Don’t Blame Trump--His enemies warned there would be an all-out assault on freedom of speech. Then they launched one. Moreover, the subjects of the allegations, and above all the candidate Joe Biden himself, have refused to deny the allegations and have not been required by the so-called media watchdogs to even address these serious issues. Instead, Biden and his media supporters are attempting to slip this past the American people with the aid of a news blackout.

In this situation my view is that AG Barr should step up and address the status of the investigation of the Biden Crime Family in a public statement. Given that the FBI and DoJ have had access to much of the same material that Giuliani's team has made available, such a statement would not be simply shooting one's mouth off--it would be backed by, presumably, nine months of investigation or a considered decision not to pursue the case. 

All this might be unprecedented, but the totality of the circumstances--and above all the attempted news blackout are also unprecedented. There would be a great outcry from the Left, but It's a duty Barr owes to the American people, whose constitutional order is threatened. Our order depends upon public discussion of all issues that crucially affect that order, and Barr is the one who's in the position to defend that order. In that context, President Trump's call for action is both reasonable as well as timely made. It's time to act. 

UPDATE 1: Commenter Gray, below, says: "Joe diGenova for SC." As it happens, I listened this morning to diGenova's WMAL segment from yesterday. Joe isn't any more of a fan of Special Counsels than I am--and he's far from alone in his views on that score. However, he offered a number of interesting observations.

First of all, Joe's wrath remains focused on waste-of-space FBI Director Chris Wray. Joe: "We all recommended against him [Wray]." "We?" The hosts then ask, Well, why did Trump appoint Wray? And Joe says what I've been saying all along: Because Chris Christie--friend and confidante of Trump--said, Wray's the guy. Joe went on to say that Trump, not being a DC insider, relies on advice and gets bad advice all the time. "Happens every day." Joe is convinced that Wray has both know about the Biden Crime Family evidence and has concealed it for many months. So just keep that in mind. Anyone who thinks Barr has complete control over DoJ is simply wrong. Barr has had to put up not only with Obama holdovers but also with bad Trump appointments.

Second, Joe clearly remains a Barr supporter. His question is, Was this case hidden from Barr? Joe's suspicion is that information about this case was somehow intercepted within DoJ before it could get to Barr. I'm in no position to offer an opinion, but Barr does have the information now, and that remains the main point. It it was hidden from him by Wray, by persons within DoJ, then all the more reason to act. And to point a finger at those who kept the information from him.

UPDATE 2: SIdney Powell on with Lou Dobbs last night got this exactly right:

It's imperative that action be taken on this now. The president and the country have a right to know how long that laptop has been in the possession of the FBI and whether Attorney General Barr was told about what was on it. This has got to be handled and handled right now. The American people have an absolute right to know what is going on here.


Trust in the key federal institutions for ensuring justice in our land is at stake--DoJ and the FBI. Beyond that, trust in AG Bill Barr's own willingness and ability to restore trust in those institutions is also at stake. 


  1. Barr and his DOJ will remain on vacation.
    Pontoon plane ride, anyone?

  2. Imagine there is no Rudy? The idea that they have already been investigating this for 9 months is not credible. Where were these pieces of evidence during impeachment. It seems to me that there are a trove of folks in blue check DC land that have known about this (pay for play inflouence peddling by Biden) for a long while and impeachment was a massive road block thrown up as a hail mary to keep it from coming out before Biden was installed as President.

    I'm with Trump. Joe diGenova as SC.

  3. Wheels within wheels. This is getting gut-wrenching.

  4. Look the whole thing about the FBI having the laptop. It was never gonna see the LIGHT OF DAY. This was Chris Wrays ticket to heading the FBI for at least the next 4 years if Biden won. Period the END. He was gonna hold this over Biden and be able to do what ever he wanted to who ever he wanted. There should be a SP appoint ASAP.

    1. I have ZERO respect for the FBI... less than zero, wishing it would literally be disbanded ASAP.

      That said, I am not one of those who thinks this was some conspiracy to frame or have leverage. In fact, I am not even convinced that there is NOT an ongoing investigation that may have required very tight lips.

      But I agree with the OP - the DOJ/FBI has a responsibility to at least say whether there is something ongoing. We don't need to know anymore at all at this stage.

    2. Comey's actions w.r.t. Hillary, an then his actions w.r.t. Trump were of the same corrupt nature. They intended to hold things over the President.

      This seems to be SOP for heads of the FBI these days. With Clinton, Comey overshot. With Trump, Comey found a president who would not play ball.

  5. "... the 'resistance' coup efforts against our constitutional order."

    You identified what justifies extraordinary action. We are not faced with garden-variety crimes. They are attacks on the Constitutional order itself, asymmetric warfare against the United States and its people.

    If China were doing it, we'd be in a shooting war. May God grant that we can avoid more shooting than we've already seen from orchestrated riots and terrorism, but tweets, tough talk, and glacially-slow investigations are like putting a band-aid on a shotgun wound.

    Asymmetric warfare calls for and justifies an asymmetric response. Unless it's all for show, merely a distraction for the rubes in flyover country, there are many options available.

    1. Agreed. If it turns out that the FBI knew it all and hid it for no reason than leverage (I am suspicious of this and not ready to go that far yet)... the dark just got a lot darker. This is not "just politics."

  6. “Investigating criminality is what we have a Department of Justice for...’

    But they DON’T!!! The DOJ has been slow walking everything since 2016! The FBI - a thoroughly corrupt, politicized, & rancid institution - has had Hunter’s laptop for - what 2yrs? And been sitting on it the whole time assumingly to run out the clock in hope of a Biden win.
    Where is Barr? where is Durham? Where is justice?

  7. It may be time for Trump to turn the dial down. The story has legs of its own now. The best posture, hard as it may be for him, is to keep his damn mouth shut.

    If he goes ballistic in the debate, bringing up Hunter over and over, it's going to blow up on him. There are many who disagree, but I think he made a complete ass of himself in the first debate.

    Doing so again could cost him the election. Trump is a force, no question. He is also his own worst enemy.

    1. Bush (both), Romney, McCain, even Goldwater tried polite and gentlemanly. Trump is Trump, and I don't think "rude, crude Dude" is going to turn anybody off who isn't already off. Blow the socks off Slow Joe

    2. Trump can't be quiet about it because nobody in the main stream press will talk about it. It will not come up in the debate unless he brings it up.

      But calm delivery is what he has to do. I would say, Trump should have a web site up chuck full of information. And then during the debate, he can give highlights--he's good with the big picture--and refer viewers to his web site. He can explain that Twitter/Facebook/Google have executives that are part of the Biden team and are working overtime to censor the truth from the American people. Then he invites viewers to his web site for links to media outlets that are willing to cover this story. And he makes that invitation numerous times. It could also have de-bunking content for the lies he KNOWS Biden will deliver. This way, Trump can handle those known issues quickly and continue to make his key points.

    3. Not sure I agree, but I would definitely NOT make it about Hunter, because thats just cannon fodder for the media brothels to create a sob story about how cruel the republicans are.

      Its about JOE, its ONLY about Joe, and its only ever been about Joe.

  8. The FBI seems to be hedging its bets for a harris/biden wins. Trump wins and all bets are off. Past time for a thorough housecleaning

  9. Mark I'm at the point where I believe the DOJ has been in possession of this information for a few years now with the prosecutions of Hunters business associates Archer and Cooley.

    Cooley is largely being ignored in the reporting on this because I think his story ruins all of the political porn. Not only did he roll over but he handed over his Gmail account to Matthew Tyrmand and Peter Schweizer because he is the only individual sitting in prison now for the last 3 years.

    Jack Posobiec noted this a few days ago.

    There is no way the DOJ has not been in possession of these email chains sense 2016-17'ish (or longer) from Cooley.

    The issue is that knowledge ruins all of the election propaganda porn and gives way to the fact that Biden Inc is like Clinton Inc, too big to prosecute. So here we are listening to the "lock him up" chants like 2016 all over again .

    I stand by my belief that Barr will not touch any of these individuals. Too much "gray mail"! The former .gov email address holders and their families are always safe, they simply know too much.

    Trump has to be just exhausted by all of this repeating over and over again

    I do agree with Trump when he says "appoint someone" because the DOJ can not be trusted to investigate it's self. (Spygate included) It's messy but avoiding the cause while complaining about the effect doesn't make the water any clearer.

    I said a few days ago this would unfortunately dominate the news cycle. I hate these corruption subjects because they always end the same way. Like Clinton Inc and billions in tax evasion you can't force a prosecution when no one wants to do it.

  10. Barr will have to appoint a special counsel on the way out the door in January if Biden wins. I don't think the Democrats will hesitate a single second in firing the counsel on January 21st, but Barr has to at least make them do it.

    1. I agree with you whole heartedly and I hope we dont end up in that position but if we did I'm still not sure he would be willing to bring on a SC.

      I get bashed for saying it but Barr's protection of institutionalism (executive or otherwise) is paramount to his sense of what an AG is / does.

  11. At this juncture the primary question is what has been the status of the LT/HD from Dec '19 to Sept '20. That question needs to be answered immediately and publicly.

    If it has indeed been "hidden" from the upper echelons of the DoJ then that in its self is actionable. The LT/HD was confiscated from the shop in Delaware under subpoena, which means a USA and a judge assumed, in writing, responsibility for "color of law": or, alternatively, the FBI forged a subpoena, the implications of which would be devastating for LE. If there is in fact no functioning (and I use that word deliberately) investigation then Barr can announce that that is being looked into and that disciplinary procedures, if not outright prosecutions, will be forth coming.

    This will do two things. 1) It will verify, by implication, the provenance of the mat'l Giuliani is releasing and 2) signal the seriousness that the DoJ holds the allegations without getting into the weeds of election politics, i.e. no mention of a candidate this close to election. It is a matter of officious obstruction of justice, possibly hiding evidence; which, it would seem to me, makes FBI agents, USA, and judge accessories after the fact. That would put the last nail in the coffin of arguments that the DS is a conspiracy theory or that it is not, at its roots, a criminal enterprise.

    This, of course, must be followed by swift and decisive action investigating and publicly addressing the actions of the USA and FBI Field Ofc responsible, and the chain-of-command level that any stonewalling took place. Results need to be out to the public in days, not months of IG mangling or decades of prosecutorial wrangling.
    Tom S.

  12. This is a seminal test for Barr (and I think he knows it). He can't just stay on the sidelines and hope that it all blows over until after the election. It's blindingly obvious to most Americans that DOJ/FBI are seriously broken and trust in these premier law enforcement institutions is below zero. That, in itself, is a MAJOR problem that cannot be ignored or swept under the rug.

    Barr would be wise to order Wray to make a public statement about the Biden laptop investigation (if any) and then answer questions with candor. If Wray fails in this diredt order, Barr should openly recommend to Trump that Wray be fired forthwith.

  13. News flash... Cooley was moved from the Oregon prison he was being kept at today. Could be interesting, could be Epstein'ed.

  14. Officially this just grew a dual legs!

  15. If indeed it was Christie who touted Wray, after having touted Session, it's maddening that DJT still gave Christie cred.