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CAFE Insider 6/30: The Judiciary Speaks


It's going to be an and even talked about prosecuting people related to the beginning of the investigation of the president and the trump campaign, so does this matter like does the fact that there's been this congressional hearing? Is that GONNA? Change like will bar. Not Go to the MIC or is this just you know? I don't think bill bark hairs. Anyone thinks. I think he's A lot of words that have been used to describe him and I was wrong about him when he was first nominated, but but a word that has been used and should be used more often. Is Arrogance. I mean the arrogance. Of how he goes about doing his job, the arrogance of how he thought he was going to oust. With ally does this other? Was Attorney, Jeff Berman The arrogance with which he said at his confirmation hearing no I'm not going to accept the ethics. Officials say about refusal. I'M GONNA. Make that decision. Mean everything through and through that he does is not only in some cases, weird and or unethical and misleading, but it's. It's a fused with an extreme. And I think in that position unprecedented arrogance I know best I know what I'm doing. I can second guess you and I actually don't care if it looks like I'm doing the bidding of the President I. Don't care if it looks like I'm not, Independent. Because I know best and that's. One of the most terrible qualities. In a leader, there's no modesty. There's no humidity whatsoever in how he undertakes his job. Yeah to that point in an NPR interview. Recently, he said you know. He was being questioned by Steve inskeep. About like you know, look your. Is it appropriate to intervene at the highest levels in these cases right like what you're doing and bar responds basically saying all the cases in the department justice are subject to the. The supervision of the Attorney General, in fact all the powers carried out by the department are vested in the Attorney General, and it's appropriate for the Attorney General to exercise super. Supervisory Authority basically. He's saying like you know in his world. The president is supreme, but in like is number one, but the AG has full authority over any case, and he goes on to sort of cloak what he's doing in like. And, this was just like incredible to me, but he basically says it's very important that the attorney general make sure that there's no political influence at stake involved in any cases when that is exactly in my view what he's doing. He is exerting political influence on these cases and he's arguing Oh. My job is I. Have Authority over everything and what I'm trying to make sure that there's no politics in it when he's actually doing the exact opposite, he's putting. Putting politics into all of this. If he just let the case, go on without Inter without interesting in them. That's the surest way line attorneys line prosecutors line agents people who do this all the time they follow rules and guidelines. They decide when cases should be brought based on fact in evidence without political intervention. That's how you know that there isn't political interference when you have the attorney general trying to question and undo the Coen case changing the sentence. Recommendation for stone, dismissing the case in Flynn now, also having John Durham. Do this investigation to the initiation. Despite other reports coming out like it all feels so political and yet yet look. People should understand that some of what Bill Barr says is correct. It's a correct statement of the hierarchy to some extent. Right in the same way. That I had. Final, authority in any case brought. By the Southern District of New York. Authority as Attorney That doesn't mean though. I shouldn't have been criticized if I decided. Given that I had that authority that in a selective way. I'M GONNA reach down into into cases at a lower level in my office. That generally are not directly supervised by the US attorney and only picked out the ones that had some implication or might affect a friend of mine. Or some other person I'm associated with a relative of mine and said Hey. What's going on here? You sure you want to bring that case and putting the Kabosh on one of those cases. Just because I have the overall authorities, shore doesn't make it right. It doesn't make an ethical. It doesn't make it good and my experiences. US Attorney. Look. I got into altercations verbal with with the attorney. General on on a number of occasions, I won't go into those here. And there are times where. We disagreed, or it was a sensitive case to national security or related to foreign policy. That was the Russian spies case. WHO's tenth anniversary by the way this came last week? It was true with respect to Indian diplomat that we charged. It was true with respect to some of the International Bank cases charge. There's a back and forth. And there can be differences of opinion. And the Attorney General might have view and wanted to know what we were doing. What was going on? I will say though that with respect to. Political corruption cases. We brought high profile Democrats in the state also Republicans. I never got a call. From either of the Attorney General who served when I when I was when I was United States attorney. and. That's how it should be. Because if you because because it looks like even if it's in good faith. It looks like political meddling. Hey, what are you doing with respect to silver? Because, maybe sheldon silver has some connection to the White House. Or some other prompt. Democrat, we were investigating. I can never understand why someone in a position like the attorney general position.

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