Attorney General Barr, my former boss, right to push back against President Trump | Opinion

Some former Department of Justice lawyers have signed a letter titled “DoJ Alumni Statement on the Events Surrounding the Sentencing of Roger Stone,” criticizing Attorney General Bill Barr and demanding his resignation. I did not sign that letter, although I disagree very strongly with President Trump’s public statements about the Stone prosecution and sentencing.

I had the opportunity to serve as the U.S. Attorney under Bill Barr — when he was U.S. attorney general under President George H.W. Bush — and then under my friend, and fellow Miamian, Janet Reno. I spoke with each regularly about law-enforcement matters involving South Florida.

I vividly recall Barr deferring to my decision to vacate a conviction in a high-profile drug prosecution based on our office’s post-conviction review of newly acquired evidence that threw into question the integrity of the undercover law-enforcement investigation. My decision was unpopular with segments of the law-enforcement community and the public — and politically difficult for the White House only a few months before the presidential election in 1992. Yet, after asking me several questions about the facts, the law, the related policy considerations unique to the case and the reasons for my decision, Barr supported my decision.

I also recall Barr supporting my decision to not implement a high-profile law-enforcement initiative that was heavily publicized by the White House as part of its tough-on-crime political messaging. Again, after asking me many questions about my position, Barr supported me.

He supported each of these decisions, although they were contrary to the political interests of the White House.

Neither the signers of the letter — nor I — have any first-hand knowledge of the facts, the law and the various policy considerations involving the appropriate punishment that were considered by the DOJ and Barr regarding Stone’s sentencing. Neither the signers — nor I — know what conversations took place, when or where they took place, who participated in them, who said what and what issues where considered.

Yet, the letter makes a lot of assumptions and accusations about Barr and his decision that no lawyer or prosecutor (former or current) should ever make without knowing the details. Certainly, none of us would want a prosecutor to make accusations about one of our clients similarly uninformed. And yet, the letter’s signers demand that Barr resign. It is dangerous to make accusations about anyone without fully knowing the facts. Former prosecutors, some of whom are now in the private sector representing clients before the DOJ, probably know that better than anyone.

But there are some things we do know and with to which we should all agree. Regardless of whether any president might have the constitutional authority to direct the actions of an attorney general in a particular case, it was wrong, unjustified under any circumstance and dangerous for Trump to say anything publicly about the Stone prosecution, the prosecutors, the sentencing, the presiding judge or any juror in that case. The president’s comments do more damage than just make Barr’s job impossible. His attacks undermine the integrity of professional law enforcement, the rule of law and judicial independence that are a bedrock of our democracy. No president should interfere — with actions or with words — in any pending judicial proceeding.

There also should be no doubt that the DOJ’s law-enforcement decisions must be independent of politics; that it is wrong for any president to interfere in specific enforcement matters, either to punish opponents or to help his friends; and that Trump’s public comments on DOJ matters indeed make Barr’s job impossible and undermine the DOJ’s credibility.

It was Barr himself who said these same words — very publicly last week — and he said them as a direct message to the president.

Roberto Martinez is a former U.S. attorney for the Southern District of Florida.

This story was originally published February 17, 2020 at 6:42 PM.