'Trump has long believed the Department of Justice exists to protect his friends and punish his enemies. What's new is that Barr is listening to him,' writes RosenzweigP for usatodayopinion
Paul RosenzweigRobert Jackson must be rolling over in his grave. The travesty of Attorney General William Barr’s intervention in Roger Stone's case should scare each and every American. The independence of the prosecutor — so fundamental to our conception of the rule of law — is balanced on a knife’s edge. Long ago, Jackson warned us about what it might be like to fall off.
“One of the greatest difficulties of the position of prosecutor is that he must pick his cases because no prosecutor can even investigate all of the cases in which he receives complaints. ... If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. ... It is in this realm — in which the prosecutor picks some person whom he dislikes and desires to embarrass … and then looks for an offense, that the greatest danger of abuse of prosecuting power lies.
Likewise, there are sentencing guidelines that set a framework for sentencing the convicted to jail — guidelines that apply in all federal cases as a baseline description of the heartland of criminal conduct. The goal of the guidelines is that like cases be treated alike and that nobody be treated with favor or disfavor. We hope that a convicted drug distributor in Minneapolis gets roughly the same sentence as one in Los Angeles.
Trump’s belief in this is not new. He has complained in the past that the department was prosecuting his allies and that his enemies have not been prosecuted. What is new is that Barr is listening to him.Take it from an ex-Starr aide, Democrats are being fair to Republicans on Trump impeachment
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