WEBVTT - And the Next Attorney General Is

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<v Speaker 1>This is Bloomberg Law with June Grassoe from Bloomberg Radio.

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<v Speaker 1>The Journey General William Barr is stepping down two weeks

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<v Speaker 1>after saying in an interview that there was no evidence

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<v Speaker 1>of significant voter fraud in the election. It's the culmination

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<v Speaker 1>of an increasingly sour relationship with President Donald Trump. The

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<v Speaker 1>Justice Department has been buffeted in recent years by Trump's

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<v Speaker 1>criticism of it and attempts to politicize it. So who

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<v Speaker 1>will Joe Biden pick as his attorney general? Joining me

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<v Speaker 1>as former federal prosecutor Robert Mints a partner in McCarter

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<v Speaker 1>In English? Bob, how much damage has been done to

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<v Speaker 1>the Joice Department during the last four years, damage to

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<v Speaker 1>its inner workings and the public's perception of its integrity

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<v Speaker 1>and credibility. Almost from the outset of the Trump administration,

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<v Speaker 1>there have been allegations that the President has attempted to

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<v Speaker 1>exert political influence over decisions made by the Department of

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<v Speaker 1>Justice and its Attorney General. Historically, the depart and of

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<v Speaker 1>Justice acts independently of the president. Because the Department of

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<v Speaker 1>Justice is often investigating individuals who may have some political

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<v Speaker 1>connections to the President or to the president's political party.

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<v Speaker 1>So it's important that those decisions are made by individuals

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<v Speaker 1>who have no connection directly to the president, and there

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<v Speaker 1>must be an appearance that the Department of Justice is

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<v Speaker 1>making decisions solely on the basis of the merits of

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<v Speaker 1>these cases and not for any other reasons. Many Attorney

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<v Speaker 1>general's offices have been accused of being politicized, and it's

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<v Speaker 1>certainly an element of politics and all this, but just

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<v Speaker 1>how politicized has the Trump Justice Department been. Attorney General

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<v Speaker 1>bar has been criticized for being overly political, and in

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<v Speaker 1>the past, all Attorney generals are certainly the most recent

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<v Speaker 1>ones have all been accused of at times making decisions

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<v Speaker 1>that were more political than legal. But in this case,

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<v Speaker 1>critics have said that Mr Trump made clear almost from

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<v Speaker 1>the outset he viewed the Department of Justice and the

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<v Speaker 1>FBI as organizations that should be acting in his best

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<v Speaker 1>interests and not necessarily in the interests of the country.

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<v Speaker 1>He repeatedly pressured the Attorney general, for example, to investigate

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<v Speaker 1>Mr Biden, to investigate former President Barack Obama, to investigate

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<v Speaker 1>former Secretary of State Hillary Clinton, only to be frustrated

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<v Speaker 1>when Attorney General Barr didn't comply, but there are instances

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<v Speaker 1>that Mr Bard did succumb to the pressure that was

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<v Speaker 1>being applied by Mr Trump. For example, Mr Bard did

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<v Speaker 1>move to reduce the sentencing recommendation for the President's longtime

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<v Speaker 1>friend and advisor, Roser Stone. He assisted the President, at

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<v Speaker 1>least according to his critics, in overturning the guilty pleas

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<v Speaker 1>of the President's former national security advisor at Michael T. Flynn.

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<v Speaker 1>This was done over the objections of career prosecutors, some

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<v Speaker 1>of whom even resigned in protest over this decision, and

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<v Speaker 1>then Mr Trump ultimately went even further by commuting the

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<v Speaker 1>sense of Mr Stone after he was convicted and sentenced

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<v Speaker 1>to jail. More recently, it's interesting that the President has

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<v Speaker 1>soured on Attorney General bar and Mr Trump had been

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<v Speaker 1>calling the election a fraud and saying that mail in

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<v Speaker 1>voting was not reliable, and yet there was nothing but

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<v Speaker 1>silence out of the Departmative Justice until recently when Mr

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<v Speaker 1>Barr came out and actually said that he saw no

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<v Speaker 1>evidence of voting fraud. What kind of qualities and background

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<v Speaker 1>should a new Attorney general have. The decision of who

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<v Speaker 1>to appoint as Attorney General is one of the most

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<v Speaker 1>consequential that any president makes in his or her cabinet.

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<v Speaker 1>It's important because the attorney General has so much power

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<v Speaker 1>over so many important decisions that affect the lives of Americans. Typically,

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<v Speaker 1>the president will pick somebody who they know, who they trust,

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<v Speaker 1>but it's also important that that person acts independently, and

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<v Speaker 1>so there's the balancing act. Somebody who the president believes in,

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<v Speaker 1>who the president believes has a good sound judge and

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<v Speaker 1>will act in the best interests of the country. But

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<v Speaker 1>also there has to be the perception that the attorney

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<v Speaker 1>general is not so close to the president, that the

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<v Speaker 1>attorney general is not acting in the best interests of

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<v Speaker 1>the country and maybe shading decisions in a way that

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<v Speaker 1>might be politically beneficial to the president. One of the

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<v Speaker 1>people discussed as a possible candidate for attorney General is

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<v Speaker 1>Sally Yates, the former Deputy Attorney General and the Obama administration.

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<v Speaker 1>One of the top contenders is Sally Yate, who was

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<v Speaker 1>fired by President Trump for refusing to defend his executive

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<v Speaker 1>order banning entry to the United States for those from

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<v Speaker 1>Muslim majority countries. She is one of the people who

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<v Speaker 1>a lot of career prosecutors uh currently in the office

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<v Speaker 1>and former federal prosecutors like because she knows the inner

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<v Speaker 1>workings of the office, she'll hit the ground running. She's

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<v Speaker 1>well versed in the big national security threats that are

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<v Speaker 1>currently facing the country, and she also the strong civil

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<v Speaker 1>rights record, which is something that is clearly going to

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<v Speaker 1>be a top priority for the Biden administration. The main

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<v Speaker 1>challenge in tackling these civil rights issues is going to

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<v Speaker 1>be to find somebody who has credibility both in the

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<v Speaker 1>civil rights community but also with police because ultimately, at

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<v Speaker 1>the end of the day, in order to achieve any

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<v Speaker 1>progress in this area, you have to work with both

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<v Speaker 1>civil rights advocates and also police officers who are on

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<v Speaker 1>the front line in dealing with crime. So she's somebody

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<v Speaker 1>who many people believe has those qualities and would make

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<v Speaker 1>a good attorney general. Since civil rights, as you mentioned,

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<v Speaker 1>and racial inequality is so much in the forefront these days,

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<v Speaker 1>is it important to have somewhat of color perhaps in

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<v Speaker 1>the role of attorney general. Well, there are some people

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<v Speaker 1>who believe that someone of color should be the attorney general.

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<v Speaker 1>Daval Patrick, the former governor of Massachusetts, is in the running,

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<v Speaker 1>but doesn't seem to be a top contender at this point.

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<v Speaker 1>President Biden seems to be looking to people that he

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<v Speaker 1>knows and trust and has has some history with, and

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<v Speaker 1>that may be why daval Patrick is not on the

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<v Speaker 1>top of the list. At the end of the day,

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<v Speaker 1>you want somebody who has the trust of the people

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<v Speaker 1>who are going to be involved in these issues. Someone

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<v Speaker 1>of color would certainly be sending a message to the public,

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<v Speaker 1>to the country that the department is going to be

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<v Speaker 1>run by somebody who is going to be sensitive to

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<v Speaker 1>civil rights issues. But it's most important that the person

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<v Speaker 1>has the trust of both sets of parties here, both

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<v Speaker 1>the civil rights advocates and law enforcement, because that's the

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<v Speaker 1>way progress is going to be made. Senator Doug Jones

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<v Speaker 1>has been mentioned a great deal as a possibility. How

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<v Speaker 1>do you see his chances? Doug Jones, the Senator from Alabama,

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<v Speaker 1>is a former U S attorney. He won a special

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<v Speaker 1>election in seventeen but was recently defeated for the United

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<v Speaker 1>States Senate in Alabama, who is a deeply Republican state.

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<v Speaker 1>But he's at the top of the list because he's

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<v Speaker 1>known Joe Biden for forty years. He's also someone who

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<v Speaker 1>has some credibility within the civil rights community because as

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<v Speaker 1>the U. S. Attorney for the Northern District developed im

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<v Speaker 1>he prosecuted to Ku Klux Klans members involved the nineteen

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<v Speaker 1>sixty three church bombings in Birmingham. And he also has

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<v Speaker 1>the virtue of somebody who is most likely to receive

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<v Speaker 1>Senate confirmation, having spent one term in the United States Senate.

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<v Speaker 1>He reached across party lines and actually has some significant

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<v Speaker 1>report from Republicans. So if President elect Biden is looking

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<v Speaker 1>to pick somebody who is most easily going to be confirmed,

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<v Speaker 1>Doug Jones maybe at the top of that list. The U. S.

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<v Speaker 1>Attorney in Delaware has disclosed that there's an investigation into

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<v Speaker 1>Hunter Biden for possible tax crimes. How much does that

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<v Speaker 1>complicate Biden's selection of an attorney general. This certainly ratchets

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<v Speaker 1>up the pressure on the appearance of somebody who was

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<v Speaker 1>going to be impartial, who's going to be independent, and

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<v Speaker 1>is going to have some distance from the White House.

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<v Speaker 1>The fact that there is a current investigation into a

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<v Speaker 1>member of the president his immediate family is not something

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<v Speaker 1>that the country has never faced. For example, Jimmy Carter's brother,

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<v Speaker 1>Billy Carter, was investigated for lobbying for the government of

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<v Speaker 1>Libya while he Jimmy Carter was president. George Bush's son

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<v Speaker 1>Neil Bush, was faulted by regulators in connection with the

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<v Speaker 1>collapse of a savings and loan and President Bill Clinton

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<v Speaker 1>ultimately partnered his own brother, Roger Clinton, for drug charges.

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<v Speaker 1>So there is some history here for immediate family members

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<v Speaker 1>of presidents being investigated while their family member is president

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<v Speaker 1>of the United States. Mr. Trump's children have been caught

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<v Speaker 1>up in multiple legal matters during his presidency. For example,

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<v Speaker 1>during the investigation of Special Counsel Robert Mueller, there was

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<v Speaker 1>an allegation that Donald Trump Jr. Held a meeting with

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<v Speaker 1>the Kremlin connected lawyer during the nineteen During the sixteen campaign,

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<v Speaker 1>there was also an allegation regarding Jared Kushner, his son

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<v Speaker 1>in law and senior advisor, who was stripped of his

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<v Speaker 1>top secret security clearance. So there is this history here.

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<v Speaker 1>At the end of the day, what matters most is

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<v Speaker 1>that there is a feeling that whoever is the Attorney general,

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<v Speaker 1>and ultimately, however this matter is handled by the Attorney

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<v Speaker 1>General's office, it is done fairly and partially and without

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<v Speaker 1>political influence. So on one level. President elect Biden has

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<v Speaker 1>already stated that one of his major missions with the

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<v Speaker 1>Department of Justice is to restore integrity, to restore the

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<v Speaker 1>morale of members of the Department of Justice, and to

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<v Speaker 1>restore the public space that the Department of Justice is

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<v Speaker 1>acting independently and is not simply an arm of the

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<v Speaker 1>White House. But certainly the announcement of this investigation into

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<v Speaker 1>his son's will put added pressure on anybody who is

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<v Speaker 1>nominated for this position that during the confirmation process, we

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<v Speaker 1>can expect that they will be asked questions about how

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<v Speaker 1>they will handle this investigation going forward. Some people are

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<v Speaker 1>suggesting that the new Attorney General appoint a special counsel

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<v Speaker 1>to handle the Hunter Biden matter in order to cabin

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<v Speaker 1>off this politically sensitive case. Are we appointing too many

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<v Speaker 1>special councils? Should the Justice Department just be able to

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<v Speaker 1>handle these kinds of cases. There's been a history of

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<v Speaker 1>appointing special counsel in any case in which there is

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<v Speaker 1>an allegation that there's a conflict of interests between the

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<v Speaker 1>Department of Justice and the investigation, So it happens all

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<v Speaker 1>the time. But there has been some concern that there

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<v Speaker 1>have been too many special councils appointed, and that the

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<v Speaker 1>Department of Justice ought to be able to handle politically

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<v Speaker 1>sensitive investigations on their own through a number of means.

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<v Speaker 1>For example, anybody who's involved in the case in some

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<v Speaker 1>way re chooses them felt from that case, you can

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<v Speaker 1>have career prosecutors who run these cases. There have been

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<v Speaker 1>past examples where the U. S. Attorney from the prior

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<v Speaker 1>administration is allowed to stay on into the next administration

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<v Speaker 1>to complete that investigation. That's exactly what happened. For example,

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<v Speaker 1>during the investigation into John Edwards. Eric Holder, who was

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<v Speaker 1>then the Attorney General for Barack Obama, allowed the current U. S.

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<v Speaker 1>Attorney in North Carolina who is investigating the John Edwards case,

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<v Speaker 1>to stay on even though he was a Republican appointee,

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<v Speaker 1>until he completed that investigation. So many people believe that

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<v Speaker 1>there are many mechanisms in place that will allow the

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<v Speaker 1>Department of Justice to handle any kind of political politically

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<v Speaker 1>sensitive investigation without necessarily going so far as to appoint

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<v Speaker 1>a special counsel. I was looking at the most simplistic terms,

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<v Speaker 1>Is it basically Joe Biden just going back in time

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<v Speaker 1>four years with the Justice Department, or does he need

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<v Speaker 1>to do more to overcome what's happened in the last

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<v Speaker 1>four years. Yeah, that's a great question. I think the

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<v Speaker 1>answer is more has to be done because we're not

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<v Speaker 1>now today where we were four years ago. There has

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<v Speaker 1>been so much unprecedented criticism of both the career people

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<v Speaker 1>within the Department of Justice career people at the FBI,

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<v Speaker 1>that there's been a real erosion of confidence that the

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<v Speaker 1>public has in these institutions. And it's really important for

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<v Speaker 1>the Department of Justice to function well, for the FBI

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<v Speaker 1>to function properly, for federal prosecutors to be able to

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<v Speaker 1>take cases to trial, that people believe that they're acting

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<v Speaker 1>in good faith. They may not be perfect, and that's

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<v Speaker 1>not to say that prosecutors don't occasionally make mistakes. They do,

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<v Speaker 1>but there really needs to be the belief that they're

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<v Speaker 1>acting in the pursuit of justice and that they're not

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<v Speaker 1>acting for some ulterior political motive. And so in order

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<v Speaker 1>to restore that faith, I think the Department of Justice

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<v Speaker 1>and whoever the next Attorney General will will be, will

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<v Speaker 1>have to take extraordinary steps to try to bring people

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<v Speaker 1>back to a place where they believe that the Department

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<v Speaker 1>of Justice is fair, that those career people in the

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<v Speaker 1>office are doing what's right for the country and that

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<v Speaker 1>ultimately the goal here is to pursue justice and nothing

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<v Speaker 1>less and nothing more. There are questions about how the

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<v Speaker 1>new Department of Justice should handle investigating President Trump or

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<v Speaker 1>his inner circle, and some people have said that Biden

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<v Speaker 1>has no appetite for investigating Trump and bringing that into

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<v Speaker 1>his administration, but others say that the Department has to

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<v Speaker 1>pursue criminal cases without fear or favor. What's your take

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<v Speaker 1>on that question. One of the most interesting challenges for

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<v Speaker 1>the new Department of Justice will be the question of

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<v Speaker 1>whether or not they will pursue any investigations into President

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<v Speaker 1>Trump or his immediate family. There are those who say

0:13:36.040 --> 0:13:39.240
<v Speaker 1>that nobody is above the law and that those investigations

0:13:39.320 --> 0:13:43.360
<v Speaker 1>need to be impartially pursued. Whether there is anything ultimately

0:13:43.600 --> 0:13:46.040
<v Speaker 1>to them or not, we just don't know at this point.

0:13:46.400 --> 0:13:49.760
<v Speaker 1>But there are also others, including President LEC. Biden, who

0:13:49.800 --> 0:13:52.840
<v Speaker 1>wants to turn the page on this and move forward.

0:13:53.200 --> 0:13:56.560
<v Speaker 1>I think there are some who understand that any investigation

0:13:57.040 --> 0:13:59.840
<v Speaker 1>into the Trump administration at this point will be so

0:14:00.120 --> 0:14:03.920
<v Speaker 1>divisive and will further erode confidence that people have in

0:14:03.960 --> 0:14:06.240
<v Speaker 1>the Department of Justice, and so that will be the

0:14:06.320 --> 0:14:09.640
<v Speaker 1>ultimate question as they bounced decisions about whether to pursue

0:14:09.679 --> 0:14:13.199
<v Speaker 1>those cases or whether to simply move on and bring

0:14:13.200 --> 0:14:16.640
<v Speaker 1>the Department of Justice into the next phase where it's

0:14:16.679 --> 0:14:20.720
<v Speaker 1>forward looking, trying to restore confidence, that is, pursuing cases

0:14:21.000 --> 0:14:24.520
<v Speaker 1>for reasons of justice only. Thanks for being on the

0:14:24.560 --> 0:14:28.760
<v Speaker 1>Bloomberg Law Show, Bob. That's former federal prosecutor Robert Mints,

0:14:28.840 --> 0:14:33.560
<v Speaker 1>a partner McCarter and English Attorney General William Barr is

0:14:33.600 --> 0:14:36.080
<v Speaker 1>stepping down with a little more than a month left

0:14:36.120 --> 0:14:39.960
<v Speaker 1>and the Trump administration. Bar cross President Trump on two

0:14:40.040 --> 0:14:43.840
<v Speaker 1>issues in recent weeks, an investigation into Joe Biden's son

0:14:44.000 --> 0:14:48.520
<v Speaker 1>and Trump's unsubstantiated claims of voter fraud in the election.

0:14:48.960 --> 0:14:52.880
<v Speaker 1>My guess is Brad mass Apartment Mark Zaide bar was

0:14:53.320 --> 0:14:57.360
<v Speaker 1>one of Trump's greatest allies until he wasn't Do we

0:14:57.440 --> 0:15:00.360
<v Speaker 1>know the full story yet of what happened been to

0:15:00.480 --> 0:15:03.360
<v Speaker 1>cause him to resign or might we not know for

0:15:03.400 --> 0:15:06.400
<v Speaker 1>a while. I certainly think it could be some time

0:15:06.520 --> 0:15:09.200
<v Speaker 1>until we get the full details about I think it's

0:15:09.240 --> 0:15:13.080
<v Speaker 1>certainly possible that William Barr was frustrated for a while

0:15:13.160 --> 0:15:17.160
<v Speaker 1>about the President's public remarks that were sort of disrupting

0:15:17.160 --> 0:15:22.200
<v Speaker 1>and interfering in Justice Department investigations and operations. Saw that

0:15:22.280 --> 0:15:24.880
<v Speaker 1>when the roger Stone matter came out and when the

0:15:24.880 --> 0:15:28.120
<v Speaker 1>President was constantly tweeting about it and trying to publicly

0:15:28.120 --> 0:15:30.760
<v Speaker 1>pressure the justicepartments to go easy on his former friend

0:15:30.800 --> 0:15:33.920
<v Speaker 1>and ally roger Stone, and Bar went public about that

0:15:33.960 --> 0:15:37.400
<v Speaker 1>about the frustrations, and we've seen that again going into

0:15:37.960 --> 0:15:40.080
<v Speaker 1>the election and now in the aftermith with all the

0:15:40.120 --> 0:15:44.000
<v Speaker 1>voter fraud conspiracies. That while William Barr certainly was an

0:15:44.200 --> 0:15:46.800
<v Speaker 1>ideological ally the president, when it came to the power

0:15:46.840 --> 0:15:49.280
<v Speaker 1>of the executive branch and it's sort of ability to

0:15:49.800 --> 0:15:53.120
<v Speaker 1>inflate itself from outside scrutiny, there were limits to what

0:15:53.200 --> 0:15:55.600
<v Speaker 1>even he was willing to do, especially when it came

0:15:55.640 --> 0:15:58.040
<v Speaker 1>to the idea of trying to pursue some voter fraud

0:15:58.120 --> 0:16:01.800
<v Speaker 1>prosecution when the evidence complete isn't there, and that obviously

0:16:01.880 --> 0:16:04.480
<v Speaker 1>is what brought this to an end for him. What

0:16:04.560 --> 0:16:08.520
<v Speaker 1>do you make of the toty ing in his resignation letter.

0:16:09.160 --> 0:16:11.520
<v Speaker 1>I think that's certainly, you know, William Barr wanting to

0:16:11.640 --> 0:16:17.720
<v Speaker 1>keep things civil and on, you know, a cooperative public

0:16:17.760 --> 0:16:19.720
<v Speaker 1>faiths with the president. I mean, that's very much what

0:16:19.840 --> 0:16:22.120
<v Speaker 1>people in this administration tend to do when they still

0:16:22.160 --> 0:16:25.320
<v Speaker 1>have that is desire is to stay in Donald Trump's

0:16:25.360 --> 0:16:27.640
<v Speaker 1>good graces. You you talk him up, you flatter him,

0:16:27.640 --> 0:16:29.400
<v Speaker 1>you talk about how great he is, and how great

0:16:29.400 --> 0:16:32.640
<v Speaker 1>everything he did was, and how everyone who went after

0:16:32.720 --> 0:16:36.760
<v Speaker 1>him was the evil in facing it all off, you know, lies.

0:16:37.160 --> 0:16:40.520
<v Speaker 1>So William Barr still wants to be able to give speeches,

0:16:41.040 --> 0:16:43.760
<v Speaker 1>will write books, or hold any kind of events to

0:16:44.520 --> 0:16:46.040
<v Speaker 1>you know, still have a career, and not that they

0:16:46.040 --> 0:16:48.360
<v Speaker 1>hasn't had already a lustrous one, but to still be

0:16:48.400 --> 0:16:50.600
<v Speaker 1>able to make money going forward the next few years.

0:16:50.600 --> 0:16:52.560
<v Speaker 1>That he needed to stay in Donald Trump's good graces.

0:16:52.600 --> 0:16:55.440
<v Speaker 1>And that's what that letter did. Besides of our statements

0:16:55.520 --> 0:16:59.440
<v Speaker 1>to a p about the validity of the election, another

0:16:59.520 --> 0:17:04.680
<v Speaker 1>thing at angered President Trump is that Barr didn't publicly

0:17:04.720 --> 0:17:09.240
<v Speaker 1>announce the ongoing two year investigation into Hunter Biden before

0:17:09.280 --> 0:17:14.120
<v Speaker 1>election day, and right now AP is reporting that Trump

0:17:14.160 --> 0:17:18.080
<v Speaker 1>has already consulted on the matter with White House Chief

0:17:18.080 --> 0:17:21.880
<v Speaker 1>of Staff Mark Meadows and White House counsel Pat Cipoloni

0:17:22.320 --> 0:17:25.400
<v Speaker 1>to see whether or not he can put a special

0:17:25.440 --> 0:17:29.480
<v Speaker 1>counsel in to investigate Hunter Biden. Yes, so, and again

0:17:29.480 --> 0:17:32.600
<v Speaker 1>this was one of those things where William Barr's whole

0:17:32.920 --> 0:17:37.000
<v Speaker 1>thing was about restoring the order and sort of the

0:17:37.040 --> 0:17:39.920
<v Speaker 1>integrity of the Just Department. He felt that politics had

0:17:39.920 --> 0:17:42.879
<v Speaker 1>become too imbued in it. The Bureau in particular with

0:17:42.960 --> 0:17:45.280
<v Speaker 1>James Comeey and Andrew McCabe, whether not too or not,

0:17:45.760 --> 0:17:48.280
<v Speaker 1>they felled. The Just Department under Lorella Lynch had gotten

0:17:48.320 --> 0:17:50.639
<v Speaker 1>a little too close to the political side, and so

0:17:50.720 --> 0:17:52.520
<v Speaker 1>that was sort of his view with how to bring

0:17:52.520 --> 0:17:56.520
<v Speaker 1>it back in line. Um, and so when the President

0:17:56.600 --> 0:17:59.800
<v Speaker 1>got was pushing whether it was I'm sure privately as

0:17:59.840 --> 0:18:02.640
<v Speaker 1>well else, but also you know, publicly to have details

0:18:02.680 --> 0:18:07.600
<v Speaker 1>about this Hunter Biden probe disclosed that would run against

0:18:07.600 --> 0:18:11.000
<v Speaker 1>everything William Barr had stood for. Especially this was what

0:18:11.560 --> 0:18:14.080
<v Speaker 1>had led to all the criticism of James Comey, who

0:18:14.080 --> 0:18:18.160
<v Speaker 1>actually served as part of the basis for uh, the

0:18:18.200 --> 0:18:22.159
<v Speaker 1>former Deputy Attorney General to to read that memo ordering

0:18:22.800 --> 0:18:25.840
<v Speaker 1>Comy fired over having gone public about the details the

0:18:25.880 --> 0:18:30.080
<v Speaker 1>Clinton investigation in twenty sixteen, making public overt moves on

0:18:30.160 --> 0:18:33.760
<v Speaker 1>that investigation in the final days of the election, which

0:18:33.800 --> 0:18:37.080
<v Speaker 1>a lot of political data analysts said helped to push

0:18:37.119 --> 0:18:40.000
<v Speaker 1>Trump over the top in those final days with independence

0:18:40.040 --> 0:18:44.520
<v Speaker 1>and sort of the persuadable moderate Republicans, and so to

0:18:44.680 --> 0:18:49.080
<v Speaker 1>have gone public with the Hunter Biden details, whether it

0:18:49.119 --> 0:18:51.560
<v Speaker 1>was in twenty nineteen, long before the election itself and

0:18:51.600 --> 0:18:54.400
<v Speaker 1>still be to disclose the existence of an investigation, which

0:18:54.440 --> 0:18:56.760
<v Speaker 1>is something d o J doesn't do, or to have

0:18:56.800 --> 0:18:59.120
<v Speaker 1>specifically done it in the final weeks of the election

0:18:59.680 --> 0:19:02.600
<v Speaker 1>in hihilation of those very rules that had cost James

0:19:02.600 --> 0:19:06.640
<v Speaker 1>Comey's job, would have just defied everything William Barrs took

0:19:06.680 --> 0:19:08.240
<v Speaker 1>for it, and so I'm sure that was part of

0:19:08.880 --> 0:19:11.600
<v Speaker 1>what pushed him again over the edge, saying this is

0:19:11.600 --> 0:19:13.840
<v Speaker 1>what I'm trying to restore. Whether or not there was

0:19:13.880 --> 0:19:16.560
<v Speaker 1>anything to restore or not, it's a separate discussion, but

0:19:16.640 --> 0:19:18.199
<v Speaker 1>this is what he was trying to stand for with

0:19:18.280 --> 0:19:21.920
<v Speaker 1>the Department, and the president's um public remarks were undermining that.

0:19:22.680 --> 0:19:26.960
<v Speaker 1>One also questions why there's been a two year investigation

0:19:27.640 --> 0:19:32.679
<v Speaker 1>into Hunter Biden over taxes. That seems pretty political. So

0:19:33.040 --> 0:19:35.520
<v Speaker 1>looking at the reporting, and obviously we only know about

0:19:35.520 --> 0:19:37.800
<v Speaker 1>what's come out with reporting, it sounds like the original

0:19:37.920 --> 0:19:41.080
<v Speaker 1>scope of the investigation was broader than the taxes. Sounds

0:19:41.080 --> 0:19:44.000
<v Speaker 1>like there was a money laundering aspect of potential foreign lobbying,

0:19:44.040 --> 0:19:47.160
<v Speaker 1>an all manner of issues tied to hunter Biden's somewhat

0:19:47.240 --> 0:19:51.560
<v Speaker 1>questionable private industry activities over the last few years, particularly

0:19:51.560 --> 0:19:53.840
<v Speaker 1>in Ukraine. And of course you know that also came

0:19:53.920 --> 0:19:56.040
<v Speaker 1>up in the context of the impeachment Daga and the

0:19:56.080 --> 0:19:58.720
<v Speaker 1>President trying to extore at the Ukrainian president to launch

0:19:58.760 --> 0:20:01.960
<v Speaker 1>a public investigation. So it's certainly not surprising that the

0:20:02.000 --> 0:20:05.040
<v Speaker 1>Just Department would have had an original, rap large, wide

0:20:05.119 --> 0:20:07.959
<v Speaker 1>ranging inquiry into this. But from the sounds of it,

0:20:08.000 --> 0:20:10.600
<v Speaker 1>all that's left, all that they think is worthy of

0:20:10.680 --> 0:20:13.720
<v Speaker 1>continued investigation is whether or not there is a tax

0:20:13.840 --> 0:20:16.960
<v Speaker 1>matter here, and certainly committing a criminal tax felony is

0:20:16.960 --> 0:20:19.440
<v Speaker 1>a serious issue, and if that is what hunter Biden did,

0:20:19.600 --> 0:20:22.800
<v Speaker 1>then he should face all manner of criminal liability and

0:20:22.800 --> 0:20:25.879
<v Speaker 1>scrutiny for that, and he'll have his Dame Court. But

0:20:25.960 --> 0:20:29.399
<v Speaker 1>the original concept and everything that the Trump team was

0:20:29.400 --> 0:20:31.600
<v Speaker 1>trying to push out on Hunter Biden, that this was

0:20:31.640 --> 0:20:34.600
<v Speaker 1>all tied to money for Joe Biden, in the end,

0:20:34.960 --> 0:20:36.840
<v Speaker 1>none of that seems to be playing out in this

0:20:36.960 --> 0:20:40.800
<v Speaker 1>do J Probs brad One of the greatest unrestrained powers

0:20:40.800 --> 0:20:44.159
<v Speaker 1>that Trump has left now is the pardon power and

0:20:44.200 --> 0:20:48.479
<v Speaker 1>their speculation that there's a January surprise being planned and

0:20:48.480 --> 0:20:51.760
<v Speaker 1>that that was a reason why bar might have wanted

0:20:51.800 --> 0:20:56.040
<v Speaker 1>to get out as well. But after pardoning former National

0:20:56.080 --> 0:21:00.399
<v Speaker 1>Security advisor Michael Flynn and commuting the sand tins of

0:21:00.560 --> 0:21:04.359
<v Speaker 1>Roger Stone, aren't we sort of expecting Trump to pardon

0:21:04.520 --> 0:21:08.440
<v Speaker 1>anyone associated with the Muller investigation. I think it'll even

0:21:08.480 --> 0:21:10.480
<v Speaker 1>go further than that. But yeah, I think we can

0:21:10.520 --> 0:21:13.760
<v Speaker 1>expect as we get into the final days of the

0:21:13.800 --> 0:21:17.000
<v Speaker 1>Trump administration, when when you go past January six and

0:21:17.040 --> 0:21:20.120
<v Speaker 1>then he last stand that his allies and Congress will

0:21:20.160 --> 0:21:23.600
<v Speaker 1>make to try to stop um the certification of Joe

0:21:23.640 --> 0:21:25.720
<v Speaker 1>Biden as the president elect. When he knows that he's

0:21:25.720 --> 0:21:28.560
<v Speaker 1>on his final days, he'll use anything and everything he

0:21:28.680 --> 0:21:31.800
<v Speaker 1>wants from that power to just laugh out at What

0:21:31.840 --> 0:21:33.840
<v Speaker 1>he needs is the deep state and all the people

0:21:33.880 --> 0:21:35.639
<v Speaker 1>who oppose them. So not only is it going to

0:21:35.720 --> 0:21:39.439
<v Speaker 1>be you know, the Rudy Giuliani's and its family and

0:21:39.480 --> 0:21:42.160
<v Speaker 1>people like that, kind of preemptive pardons of any number

0:21:42.160 --> 0:21:44.640
<v Speaker 1>of federal probes that could be going on into them,

0:21:44.880 --> 0:21:46.760
<v Speaker 1>but I would look to see a pardon of Edward

0:21:46.800 --> 0:21:50.560
<v Speaker 1>Snowden that's been bandied about a lot, potentially Julian Assange,

0:21:50.560 --> 0:21:53.520
<v Speaker 1>who we know was involved in leaking all the kinds

0:21:53.560 --> 0:21:57.280
<v Speaker 1>of emails and documents in the election, and there's an

0:21:57.280 --> 0:21:59.720
<v Speaker 1>ongoing to fight over that. I would look for a

0:21:59.800 --> 0:22:03.880
<v Speaker 1>ray change of highly controversial parts that Donald Trump can

0:22:03.920 --> 0:22:07.640
<v Speaker 1>put up as fighting back against the evil deep State

0:22:07.760 --> 0:22:11.920
<v Speaker 1>and just having fun trolling everyone who opposed him, because

0:22:11.920 --> 0:22:14.920
<v Speaker 1>that's Donald Trump at the end. Well, Bar has been

0:22:14.920 --> 0:22:18.679
<v Speaker 1>here before. He recommended pardons for Iran contra figures at

0:22:18.680 --> 0:22:21.960
<v Speaker 1>the end of George H. W. Bush's term that ended

0:22:22.000 --> 0:22:26.480
<v Speaker 1>the investigation and so sort of insulated Bush. So I'm

0:22:26.560 --> 0:22:32.359
<v Speaker 1>wondering whether the pardon that would really cause so much

0:22:33.080 --> 0:22:36.080
<v Speaker 1>controversy that bar might want to get out from under

0:22:36.119 --> 0:22:40.040
<v Speaker 1>it before it happens, is a self pardon that Trump

0:22:40.119 --> 0:22:45.320
<v Speaker 1>might pardon himself. That's certainly possible that there's paperwork ordy

0:22:45.320 --> 0:22:47.680
<v Speaker 1>been drafted and research, no doubt by the White House

0:22:47.680 --> 0:22:50.040
<v Speaker 1>Council's Office of whether or not a self pardon would

0:22:50.080 --> 0:22:52.639
<v Speaker 1>even work, whether it would hold up in court. I

0:22:52.680 --> 0:22:56.119
<v Speaker 1>would be shocked if the President doesn't do it. Anyways,

0:22:56.200 --> 0:22:58.439
<v Speaker 1>even if it ultimately doesn't hold up. Just to have

0:22:58.560 --> 0:23:03.399
<v Speaker 1>exercised the power anyway, just to try and shields himself

0:23:03.400 --> 0:23:05.680
<v Speaker 1>from it, I'm sure that would, uh to an extent,

0:23:05.680 --> 0:23:08.840
<v Speaker 1>would even upset someone like William Barr. My assumption is

0:23:08.840 --> 0:23:11.359
<v Speaker 1>that that if there were incoming pardons that were truly

0:23:11.440 --> 0:23:13.879
<v Speaker 1>upsetting William Barr, it's more along the lines of a

0:23:13.880 --> 0:23:17.520
<v Speaker 1>potential one for Edward Snowdon and Rudy Giuliani. I think

0:23:17.560 --> 0:23:23.200
<v Speaker 1>those would truly have offended William Barr's particular sensibilities. Why

0:23:23.320 --> 0:23:28.200
<v Speaker 1>pardon Edward Snowdon? So the snowdon't matter because it's partially

0:23:28.240 --> 0:23:31.560
<v Speaker 1>because it ties into the President's The same for the

0:23:31.600 --> 0:23:35.960
<v Speaker 1>intelligence community, in his view that there's overclassification, which of

0:23:36.000 --> 0:23:39.720
<v Speaker 1>course he never actually takes steps to override, which he

0:23:39.760 --> 0:23:42.320
<v Speaker 1>alone can do. He always backs down when it gets

0:23:42.359 --> 0:23:45.480
<v Speaker 1>in the court um, and his view that the intelligent

0:23:45.560 --> 0:23:49.040
<v Speaker 1>community was always working against him. In Edward Snowdon, with

0:23:49.200 --> 0:23:53.080
<v Speaker 1>his disclosures back in, had kind of taken the intelligent

0:23:53.080 --> 0:23:56.040
<v Speaker 1>community up of the woodshed a bit um, exposing some

0:23:56.119 --> 0:23:58.040
<v Speaker 1>of the grand jewels of the n S A s

0:23:58.880 --> 0:24:04.240
<v Speaker 1>UM surveillance operations and capabilities, and so there would be again,

0:24:04.720 --> 0:24:07.160
<v Speaker 1>just the ability to stick it to people he felt

0:24:07.280 --> 0:24:11.520
<v Speaker 1>never really on his side. By pardoning Edwards Snowden, it

0:24:11.560 --> 0:24:14.439
<v Speaker 1>would allow him to just jam one more, you know,

0:24:14.760 --> 0:24:18.920
<v Speaker 1>uh uh, stake into the backs of the intelligence community

0:24:18.920 --> 0:24:20.600
<v Speaker 1>on his way out. And I think for him he'd

0:24:20.680 --> 0:24:22.840
<v Speaker 1>view that as great TV because then he could try

0:24:22.840 --> 0:24:26.240
<v Speaker 1>to coordinate with Vladimir Putin as a private citizen and

0:24:27.040 --> 0:24:31.520
<v Speaker 1>helped bring Edwards Snowden back in some you know, arrival

0:24:32.119 --> 0:24:36.199
<v Speaker 1>ceremony live for TV. Bar's top deputy, Jeffrey Rosen, the

0:24:36.240 --> 0:24:39.720
<v Speaker 1>Deputy Attorney General, will step into the Justice Department's top

0:24:39.800 --> 0:24:43.040
<v Speaker 1>job in an acting role. Even though Rosen is not

0:24:43.160 --> 0:24:46.879
<v Speaker 1>yet the acting Attorney General, President Trump is already talking

0:24:46.920 --> 0:24:50.840
<v Speaker 1>about replacing him right According to the Associated Press, Trump

0:24:50.880 --> 0:24:53.959
<v Speaker 1>is considering whether to replace Rosen if he doesn't appoint

0:24:53.960 --> 0:24:57.480
<v Speaker 1>a special counsel and has even asked his lawyers whether

0:24:57.600 --> 0:25:00.600
<v Speaker 1>he has the power to appoint a special counsel himself.

0:25:00.960 --> 0:25:04.320
<v Speaker 1>But the Hunter Biden investigation apparently involves several U S

0:25:04.359 --> 0:25:09.360
<v Speaker 1>attorneys offices and FBI field offices, so it's not so easy,

0:25:09.400 --> 0:25:11.399
<v Speaker 1>because I mean, there's limits to what he's going to

0:25:11.440 --> 0:25:14.320
<v Speaker 1>be able to implement. At this late stage and with

0:25:14.440 --> 0:25:17.280
<v Speaker 1>so little time left, the president can in theory do

0:25:17.359 --> 0:25:20.240
<v Speaker 1>lots of things. He can order investigations, but he can't

0:25:20.280 --> 0:25:22.720
<v Speaker 1>prosecute criminal cases. If that's what he really wants the

0:25:22.800 --> 0:25:25.199
<v Speaker 1>OJ to do, he could pressure d o J to

0:25:25.240 --> 0:25:28.440
<v Speaker 1>appoint a special counsel to look in the Hunter Biden,

0:25:28.920 --> 0:25:31.560
<v Speaker 1>but in the end, unless he's going to literally draft

0:25:31.640 --> 0:25:34.359
<v Speaker 1>up the order himself, there's little he can do to

0:25:34.400 --> 0:25:36.439
<v Speaker 1>truly make these individuals do it. A lot of the

0:25:36.480 --> 0:25:39.440
<v Speaker 1>ones who have the ultimate authority right now are political

0:25:39.480 --> 0:25:42.440
<v Speaker 1>people who are expecting that they're out the door anyways

0:25:42.480 --> 0:25:45.800
<v Speaker 1>in a few weeks. Uh, And in the end, they

0:25:45.960 --> 0:25:48.960
<v Speaker 1>aren't going to feel much pressure in much at this

0:25:49.000 --> 0:25:51.399
<v Speaker 1>point because they're already looking for where they're going to

0:25:51.480 --> 0:25:55.320
<v Speaker 1>be come the beginning of February, and they're less concerned

0:25:55.320 --> 0:25:58.560
<v Speaker 1>about trying to create some controversial order for a special

0:25:58.560 --> 0:26:03.000
<v Speaker 1>council into the Hunter Biden. He finally, Bar has named

0:26:03.400 --> 0:26:07.119
<v Speaker 1>Durham to serve as special counsel in the continuing FBI

0:26:07.280 --> 0:26:11.000
<v Speaker 1>Russia probe. People have cited that as you know, a

0:26:11.080 --> 0:26:15.200
<v Speaker 1>parting gift from Bar to Trump, But hasn't that probe

0:26:15.200 --> 0:26:19.760
<v Speaker 1>really gone as far as it can Is it going anywhere? Yeah? So,

0:26:19.840 --> 0:26:22.720
<v Speaker 1>I mean when I saw that, I viewed it strictly

0:26:22.840 --> 0:26:27.400
<v Speaker 1>as a projection. Almost this is this is very much

0:26:27.400 --> 0:26:29.439
<v Speaker 1>what Donald Trump and Bill bar do. Some extent they

0:26:29.480 --> 0:26:32.359
<v Speaker 1>assume everybody else will act the way they would in

0:26:32.480 --> 0:26:36.160
<v Speaker 1>terms of how they would assert power. Donald Trump assumes

0:26:36.200 --> 0:26:39.560
<v Speaker 1>everybody else cheats on their taxes and committee power because

0:26:39.600 --> 0:26:41.919
<v Speaker 1>he knows that's what he does. Um. And so with

0:26:41.960 --> 0:26:45.640
<v Speaker 1>William Barr, there's a concern that Joe Biden would come

0:26:45.680 --> 0:26:49.440
<v Speaker 1>in and just squash the investigation into Hunter Biden. There's

0:26:49.440 --> 0:26:51.640
<v Speaker 1>no proof or evidence a reason to believe Joe Biden

0:26:51.640 --> 0:26:53.800
<v Speaker 1>will do any of those things. And I would certainly

0:26:53.800 --> 0:26:56.040
<v Speaker 1>oppose it if he did, and I'm sure others would too.

0:26:56.600 --> 0:26:59.520
<v Speaker 1>But by creating the Special Council Provision, he makes it

0:27:00.000 --> 0:27:02.040
<v Speaker 1>the Oilian farm made it a little more difficult, a

0:27:02.119 --> 0:27:05.879
<v Speaker 1>little more politically risky, for Joe Bien to try to

0:27:05.920 --> 0:27:08.560
<v Speaker 1>take any steps to do so. And as far as

0:27:08.560 --> 0:27:11.560
<v Speaker 1>it concern, that's fine. If there's a crime there, prosecute

0:27:11.560 --> 0:27:14.680
<v Speaker 1>the crime. You want to write the report, write the report.

0:27:14.880 --> 0:27:19.160
<v Speaker 1>But I don't see this going anywhere. That the President,

0:27:19.240 --> 0:27:22.560
<v Speaker 1>a lot of his allies view this as as you know,

0:27:22.720 --> 0:27:25.720
<v Speaker 1>some house and snaring people like Joe Biden. There's just

0:27:25.760 --> 0:27:29.440
<v Speaker 1>no there there. Um. It might look bad, it might

0:27:29.440 --> 0:27:32.440
<v Speaker 1>be politically damaging, but I don't see a crime outside

0:27:32.440 --> 0:27:34.480
<v Speaker 1>of whatever Hunter Biden may have done with his taxes.

0:27:34.960 --> 0:27:39.080
<v Speaker 1>Thanks Brad. That's Bradley Moss Apartment Mark Zad and that's

0:27:39.119 --> 0:27:41.880
<v Speaker 1>it for the edition of The Bloomberg Law Show. Remember

0:27:41.920 --> 0:27:43.800
<v Speaker 1>you can always get the latest legal news on our

0:27:43.840 --> 0:27:48.360
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0:27:48.600 --> 0:27:53.880
<v Speaker 1>and at www dot Bloomberg dot com slash podcast Slash Law.

0:27:54.600 --> 0:27:57.840
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0:27:57.880 --> 0:28:00.600
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0:28:00.680 --> 0:28:02.879
<v Speaker 1>Eastern right here on Bloomberg Radio.