I was perplexed by the DOJ’s appeal of Judge Amy Berman Jackson’s ruling that the falsely classified March 24 “deliberative memo” to Barr must be made public in its entirety.
Sekhnet asked me what Glenn Kirschner had to say.
Kirschner is a former federal prosecutor who retired a couple of years ago after thirty years on the job. He has been doing daily videos putting the agonizing legal shit show into perspective for over a year. He never missed a day, but he’s been off the last few. I told her that Kirschner was vacationing in Cancun, Ted Cruz-land as he phrased it, where he made one quick video, and that his wife, by the pool, had probably said, as he read of the DOJ appeal, “don’t you dare!”
As luck would have it, the former prosecutor was back at his desk yesterday, in a suit, and he gave this very reasonable account of why Merrick Garland’s DOJ would fight to keep a compromising, falsely classified memo secret. He gives some good insight.
(Heh, I love the clown nose arrow superimposed on his face, great look).
From the judge’s now unredacted decision (at page 26).
The DOJ already has the memo, knows that Barr was lying, and Garland is arguably protecting the institution of the DOJ, and its ability to keep future confidential documents confidential, with this appeal. On the other hand, (and it would not hurt the DOJ’s obstruction case against Barr) as Neal Katyal wrote in today’s NY Times, The Public Deserves to See This Legal Memo About Donald Trump.
Hopefully the DOJ is also working up a criminal prosecution against Mr. Barr, a gigantic, foul turd in human form. As Judge Amy Berman Jackson pointed out in her decision (at page 27), the plaintiffs (seeking the full memo under the Freedom of Information Act) had pretty much nailed the lying Bill Barr in their pleadings :
That the “deliberative memo” Barr disingenuously claimed he used to make his decision was prepared the same day he completed his cover-up letter to Congress, falsely telling them that Mueller hadn’t found jack shit that incriminated the Unitary Executive, (in fact, it turns out the “advisory” memo, written simultaneously by the same team that worked on Barr’s letter to Congress, was finalized AFTER Barr completed the misleading letter he sent to Congress — see the handy email time line the judge attaches at page 37 ) tells us all we need to know about the Bagpiper’s character, integrity, and his intent.
Now the only question is — will the DOJ pursue justice by prosecuting the bellowing culture warrior for his pattern of partisan obstruction of justice during his term as the unimpeachable Mr. Trump’s most powerful gunsel?
One of the key players in this DOJ conspiracy to pretend there had been deliberations and legal debate before Barr sent Congress the fake news that Trump was “exonerated” by the Mueller Report (by preparing a false, ass-covering, after-the-fact memo of privileged “legal advice”) was a lawyer named Rabbitt, Brian C. Rabbitt. Yes, I know.