Thread by @jentaub

🧵 Here we go!

House Judiciary Committee Hearing on “Oversight of the Department of Justice: Political Interference and Threats to Prosecutorial Independence.”

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Chair Nadler is talking about the firing of the US Attorney for the SDNY, Geoffrey Berman.

President's allies get special treatment, and his perceived adversaries are targeted

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Now Nadler is reprising how AG Bill Barr misled the public about the Mueller Report last March. "A federal judge later said that" he questioned Barr's credibility.

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🔥Nadler is on fire. This is a frontal attack on Bill Barr.

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President was outraged that his friend, Mr. Stone, would have a high prison sentence. In response, Barr made sure that the recommendation was reduced.

And in May, Barr reversed course in Flynn prosecution after Trump's tweeting

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Nadler is now citing the brief submitted by Judge Gleeson that condemned Barr. (Note that today the D.C. Circuit said Judge Sullivan could not have assigned an amicus brief by Gleeson).

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Now Jim Jordan is speaking. He's reading from the D.C. Circuit opinion in the Flynn case. "They are not political, they are just right."

(I'm going to mute him now).

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To be clear, if I were being paid to watch this hearing, I would listen to Jordan. But this is just a volunteer effort, and I don't have the stomach for his shouting and nonsense today

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Unbelievable. One of the Republicans is complaining that Zelinsky is attending by video.

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Now Doug Collins is claiming to challenge a ruling of the chair, but Nadler said he did not make a ruling.

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"The point of order is not cognizable" said Nadler. Collins keeps shouting. Now he's stopped. Nadler is introducing the witnesses.

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Donald Ayer, Aaron Zelinksy, John Elias, Michael Mukasey are the witnesses. (Zelinsky is attending remotely).

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Ayer said that Barr believe that "The president should hold purely autocratic powers." He said Barr is trying to tear down the system in place post-Watergate that help make sure that ours is a government of law, not men. "A root and branch attack on Edward Levy's reforms."

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This is a damning and deserved indictment of Bill Barr by Donald Ayer. Predicting that a clip from this testimony will be shown not just on tonight's news but for the ages.

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Ayer said Barr enlists "political cronies" or handles matters himself to do favors for president's allies. Barr gives matters to "his political inner circle" and removes people like Jesse Liu and Berman, as well as standing by as Trump removed five inspector's general.

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Ayer was Deputy AG under George H.W. Bush. Says Barr regularly lies.

Link here to a piece in the Atlantic theatlantic.com/ideas/archive/…

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Ayer is speaking, wrapping up his remarks, even as the Republicans keep banging. A Democrat says, "I can't hear this witness."

Republicans are whining, "he's two minutes beyond his limit."

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Over and over and over, Doug Collins repeats "parliamentary inquiry." He is complaining that the chair is arbitrarily extending five minute rule.

Collins is a disgrace

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John Elias, joined Department of Justice in 2006, has served under 6 AGs and 3 presidents. Current DOJ attorney, though speaking on his own behalf, not personal

He referred several matters to the inspector general as it seemed like antitrust investigations were questionable

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Elias providing example that it was Trump's personal rage that drove an antitrust investigation of a more than $600 billion automobile market.

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Now former AG Michael Mukasey is speaking. Said topic of hearing is "serious and important" as DOJ should seek equal justice under law.

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Mukasey also served as a federal district judge in SDNY. "My views on this case are not secret." Wrote a piece with Ed Meese. Says he has departed from sentencing guidelines (as is the legal standard after SCOTUS case Booker, btw).

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Mukasey is defending Barr. (He is the witness invited by the Republican ranking member).

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Mukasey references D.C. Cir. issuing writ of mandamus this morning to require district court judge Sullivan to dismiss the Flynn case.

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Zelinksy is testifying remotely. "For family reasons, I should not risk infection."

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Zelinksy has been cleared to discuss the Stone case. We should not prosecute people or cut them a break based on politics. But "Roger Stone was treated differently because of politics."

He's still employed by the DOJ.

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Zelinsky said Stone who lied to the government, was unrepentant and threatened judge received leniency because Barr was "afraid of the President of the United States."

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Zelinksy said he and others said this was wrong. Told to disregard guidelines. Said no. Told he could be fired. Said he'd rather withdraw. So wrote sentencing memo with legitimate recommendation. Trump saw it and objected by Twitter. Then a new recommendation was made.

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Decision to go light on Stone was not based on facts or the law, but on politics. "Truth still matters."

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Opening statements are complete. Now questioning will begin. Nadler starts for 5 minutes.

Nadler asked if Zelinksy recommended 7 -9 years, based on guidelines?

Zelinksy said yes. Was warrented.

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When you asked why department officials wanted a below guidelines sentence because of political reasons, what did you understand that to mean? What could happen to you

Zelinksy: Concerns about president was driving decision-making process. We were told we could be fired.

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Now Nadler is asking questions of John Elias.

Did DOJ pursue antitrust matters to satisfy the whims of Trump even against advice of career attorneys?

Elias: Yes

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Nadler addresses Ayer. Says AG Barr is weaponizing our resources to advance the president's personal agenda.

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Ayer: "There's a finite number of resources to be spent to advance a whole lot of areas. . . totally undermining public trust in the system. . .we're on the way to something far worse than Watergate."

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"Attorney General Barr will be held accountable."

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Now Steve Chabot, Republican from Ohio is speaking.

Words I'm hearing are Obama and Biden. Calls it a distraction. Says we should focus on conronavirus.

Reader he is not wearing a mask.

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He said Hillary and Steele dossier. (Too early to drink?)

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Chabot is giving Trump talking points about the Mueller investigation.

Zelinksy said it's not appropriate to choose a prosecutor based on their politics.

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No need to listen to Chabot's nonsense. I'll mute him. More soon

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Now it's Zoe Lofgren (California Dem) turns to ask questions. She's directing them at Ayer.

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I am not sure why she's talking about car emissions. But I'm sure I'll sort it out.

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Oh, I see. Elias is responding to her question.

Her suggestion that something related to intimidating auto companies from dealing with California, after they disagreed with Trump about his clean air policies.

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Oh, boy. Rep Louie Gohmert just accused of Ayer mouthing something at him when Gohmert said Ayer was running over his time.

Now Gohmert is trying to attack Ayer's reputation.

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Gohmert said statements that Barr wouldn't come here "is just not true."

Here we go again. Obama's name is invoked. Drink another cup of coffee!

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Now he's moaning about Elias. Called the hearing a "sideshow."

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It's Rep. Sheila Jackson Lee (Texas Dem)'s turn to ask questions. She said sadly we are facing "a drunken party gone wild. Sadly the Department of Justice has gone wild."

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"It is never acceptable to turn a blind eye against injustice." Thousands are coming forward to speak truth to power, says Rep. Jackson Lee.

Special treatment should not be given to Trump's friends.

Shout out to former DOJ officials and @gwlaw faculty.

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♨️Ayer said Barr has taken steps to effectuate his personal belief that the president should be above the law. Preventing information from coming out (e.g. Mueller) and also getting involved in a very political way to support the president's reelection campaign.

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Nadler said he's requiring members of committee and staff and those attending to wear face masks. (Reader, Nadler is not wearing one at this precise moment).

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Doug Collins is not wearing a mask either. Can someone please explain. Did I hear Nadler incorrectly?

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Rep. Steve Cohen (California Dem), is speaking about Judge Neomi Rao's 2-1 opinion this morning (for the 3 judge panel). Said the full panel should review en banc.

"We should pursue impeachment of Bill Barr."

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Cohen asked Mukasey why he disparaged the 1807 Logan Act.

Mukasey got a little worked up in his reply. Said it is "probably unconstitutional."

Cohen mentioned that the insurrection act is from 1807 and Barr used it to clear Lafayette square

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Rep. Johnson (R) badgered Zelinksy because he is testifying remotely (from lawyer's office in DC).

Zelinsky says he has new born baby and doctor thought it was best for him not to come into the Congressional building.

Johnson mocks him saying Mukasey has a grandchild

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Mike Johnson keeps badgering. So much for the party of life. Johnson wants to put Zelinsky's new born baby at risk?

Also, I don't understand why no one is wearing a mask even though I thought Nadler said they should? Did I hear that wrong?

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Hank Johnson (D-GA). Mentions that Trump was "enraged" by California's settlement deal with 4 Big Automakers. Plotted revenge. Threatened them via tweet.

Next day Elias' division was instructed to open the antitrust investigation against the automakers.

Elias said yes.

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Elias said career staff thought there were very strong defenses that were clear so investigation "did not appear to be in good faith."

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Jim Jordan is screaming.

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Jim Jordan is still yelling.

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Zelinsky said the supervisor who told him Barr was afraid of the president was someone named Cooney. (I think that's the name he said).

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Now Jordan is trying to out the Ukraine whistleblower. He's not shouting now. He likes to shout to intimidate witnesses. Yields back.

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We now have Rep. Ted Deutsch (D-FL) asking questions from home. Lots of feedback on the line. He's asking Zelinksy about the nature of the lies that Roger Stone told. Stone lied to Congress about what he told Trump campaign about Wikileaks

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Witness intimidation included threatening a witnesses dog, to "prepare to die." Did threats work?

Zelinsky said yes. And that these were serious offenses

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Deutsch is inquiring about Zelinksy's process for coming up with the sentence. Said "the guidelines in this case were clear. . .it was not a tough calculation."

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WHAT? Andy Biggs (R-AZ) is crazy. He has blamed the "previous administration" for going after Flynn. I'm sorry, but all of this happened under Trump. The FBI interviewed him January 24, 2017 after the inauguration. It was Mueller who prosecuted.

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Now Biggs is claiming there have been no prosecutions of whistleblowers under Trump and shamefully Mukasey agreed. Ummm. Reality Winner.

nytimes.com/2018/08/23/us/…

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Good. Biggs has yielded back.

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"Instead of trying to embarrass the president, we would just let him do it himself." -- Cedric Richmond, (D-LA)

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Rep. Richmond. Did you find evidence that Stone was talking to Trump directly (during pre-election period in 2016 when Stone was communicating with Wikileaks). And Trump denied remembering

Zelinksy: Yes and yes

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he name of the person Zelinsky referred to was J.P. Cooney.

https://twitter.com/AaronBlake/status/1275853550346739712?s=20

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We are back from our break at 2:32 p.m.

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McClintock is complaining that committee members are not all up on the dais.

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I recognize Rep. Hakim Jeffries (D-NY) voice even before the camera closes in on him. Love to hear from him.

"The Attorney General works for the people. He's not the White House counsel."

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Jeffries: Were you the lead prosecutor on the Roger Stone case?

Zelinksy: I was *a* lead prosecutor on the Roger Stone case.

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Jeffries: You were pressured "by the highest levels" of the Department of Justice to cut Stone a break. Is that correct?

Zelinsky: Yes

(He also said he was pressured to misstate the guidelines).

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An example of distortion involved Randy Credico. The letter indicated he wasn't as worried about witness intimidation, but he had previously testified before grand jury about worries. But Zelinksy was pressured to say that Stone had no worries.

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After seeing the sentencing reocmmendation memo of Zelinksy and team (saying 7 -9 years), Trump said it was a "terrible and very unfair situation".

Zelinksy said the new memo (he did not sign) did not provide a range at all. Could be zero. Only said incarceration.

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😳Hold up. Matt Gaetz (R-FL) said the quiet part outloud. Wow! Just said that this is a waste of time because Trump could pardon Stone anyway. What the what?

Complaining also about confederate monuments being knocked down.

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He yielded to Jim Jordan. Oh, joy.

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Oy. This is still going. Three hours later.

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Rep. Cicilline focusing on the trumped-up antitrust charges against the automakers. (forgive my puns, it's been along day).

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Look what happens when I step away from the hearing. Thank you, Charlie

https://twitter.com/charlesppierce/status/1275866016573198336?s=21

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https://twitter.com/charlesppierce/status/1275866016573198336

Good. Jordan yielded. Now it's Eric Swallwell (D-CA) asking questions. Did Mr. Stone go to a jury trial? Was he convicted? Lied to judge during pretrial proceedings? You made recommendation about sentence. Trump tweeted and then sentence was reduced.

Zelinksky: Yes to all

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"Donald doesn't just protect his friends, he punishes his enemies." –– Swalwell

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Rep. Swalwell said, "Mr. Zelinksy you give us hope." He listed other heroes who came forward including Lt. Col. Vindman, Dr. Fiona Hill and others.

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What an absolute [insert profanity here] Rep. Reschenthaler is. He thanked the witnesses, but then said "especially those who had the decency" to appear in person. Zelinsky is not there because he does not want to put his newborn at risk.

Disgusting

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