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The Justice Department produced a 2-page memo from the Office of Professional Responsibility to undercut whistleblowers' allegations against Attorney General Barr.
Now that memo is a potential scandal in itself.
What 10 top experts told me:
justsecurity.org/71059/top-anti…
The Justice Department produced a 2-page memo from the Office of Professional Responsibility to undercut whistleblowers' allegations against Attorney General Barr.
Now that memo is a potential scandal in itself.
What 10 top experts told me:
justsecurity.org/71059/top-anti…
2. Most explosive thing about the memo: it says even if all the whistleblowers' allegations are true, the facts would not violate "any relevant laws, regulations, rules, policies, or guidelines”
The allegations are that Barr launched sham investigations out of personal animosity
The allegations are that Barr launched sham investigations out of personal animosity
3. Professor @CJSprigman who served in the Antitrust Division:
"I’m also ... a bit alarmed, by OPR’s conclusion. That conclusion is at odds with everything I know about how merger investigations, and, in particular, the Second Request process, is supposed to work."
"I’m also ... a bit alarmed, by OPR’s conclusion. That conclusion is at odds with everything I know about how merger investigations, and, in particular, the Second Request process, is supposed to work."
4. Professor @dougmelamed (@StanfordLaw):
"The short and conclusory OPR opinion, signed by an official appointed by Mr. Barr, does not come close to justifying the alleged conduct."
"The short and conclusory OPR opinion, signed by an official appointed by Mr. Barr, does not come close to justifying the alleged conduct."
5. Professor @jbbecon (@AUWCL):
"OPR’s cursory analysis and conclusions threaten to undermine merger enforcement specifically and antitrust enforcement more broadly."
Here's his analysis of the reverberating effects on other industries and #antitrust law.👇
"OPR’s cursory analysis and conclusions threaten to undermine merger enforcement specifically and antitrust enforcement more broadly."
Here's his analysis of the reverberating effects on other industries and #antitrust law.👇
6. @billbaer50 (@BrookingsInst), former assistant attorney general in charge of DOJ Antitrust Division:
"The OPR two-page memo ... is, sad to say, neither persuasive nor conclusive."
justsecurity.org/71059/top-anti…
Also read Baer's op-ed in Washington Post:
washingtonpost.com/opinions/2020/…
"The OPR two-page memo ... is, sad to say, neither persuasive nor conclusive."
justsecurity.org/71059/top-anti…
Also read Baer's op-ed in Washington Post:
washingtonpost.com/opinions/2020/…
7. Prof. Harry First (@nyulaw):
"OPR report does not mention these data and provides no explanation for this aberrant enforcement behavior...that the Division has the legal discretion to investigate a target...does not tell us that this discretion has been properly exercised."
"OPR report does not mention these data and provides no explanation for this aberrant enforcement behavior...that the Division has the legal discretion to investigate a target...does not tell us that this discretion has been properly exercised."
8. Professor Eleanor Fox (@nyulaw):
"These incidents are a facial affront to the rule of law and to the integrity of our judicial system."
She discusses how these allegations actions will undercut Antitrust Division's regulation of big tech platforms and other industries.
"These incidents are a facial affront to the rule of law and to the integrity of our judicial system."
She discusses how these allegations actions will undercut Antitrust Division's regulation of big tech platforms and other industries.
9. @profmikecarrier (@RutgersLaw):
"Political interference raises questions about past decisions like the challenge of the AT&T/Time Warner merger and refusal to challenge the Disney/Fox merger. And...raises questions about...'mature investigations' of Google and Amazon."
"Political interference raises questions about past decisions like the challenge of the AT&T/Time Warner merger and refusal to challenge the Disney/Fox merger. And...raises questions about...'mature investigations' of Google and Amazon."
10. @randallstutz (@AntitrustInst):
"The rabbit goes into the hat when the OPR memo applies the proper standard for issuing Second Requests...."
"When pretextual antitrust enforcement has been uncovered in the past, it has always been greeted as a scandal."
"The rabbit goes into the hat when the OPR memo applies the proper standard for issuing Second Requests...."
"When pretextual antitrust enforcement has been uncovered in the past, it has always been greeted as a scandal."
11. Prof Andrew Chin (@unc_law):
"The President’s tweeting of winners and losers has progressed from destabilizing short-term stock prices to drowning out the the DOJ’s deliberations about how companies grow through competition and acquisition, and creating crises of confidence"
"The President’s tweeting of winners and losers has progressed from destabilizing short-term stock prices to drowning out the the DOJ’s deliberations about how companies grow through competition and acquisition, and creating crises of confidence"
12/12 Finally, analysis from a former Antitrust Division attorney exposing flaws in the 2-page memo.👇
Note: I asked a wide swath of antitrust legal experts across the country. We printed, in full, every response we received.
Note: I asked a wide swath of antitrust legal experts across the country. We printed, in full, every response we received.
P.S. A new entry.
Former Acting Attorney General Stuart Gerson (served with Bill Barr in HW Bush's DOJ):
"Conducting actual fraudulent investigations against citizens to whom the government is responsible not only deprives them of due process, but is criminal in and of itself."
Former Acting Attorney General Stuart Gerson (served with Bill Barr in HW Bush's DOJ):
"Conducting actual fraudulent investigations against citizens to whom the government is responsible not only deprives them of due process, but is criminal in and of itself."
