by Joyce White Vance (former United States Attorney, Northern District of Alabama)
...No matter what [William] Barr’s intentions, the appearance of impropriety—of ingratiating himself with a president whose desire to install a wingman as attorney general—means that the public perception will always equate Barr, if confirmed, with Trump’s desire to hold himself above the law. There will be no public confidence in decisions about potential collusion between the Trump campaign and Russia, or about obstruction of justice. Such a significant loss of public confidence will inevitably erode the credibility of the department’s work in other areas as well. The future of the Justice Department, and that of all Americans, will be impaired if it appears the department is being used as a tool to protect this president.
Recusal is not a sufficient remedy for a faulty choice for attorney general at this critical juncture. Congress has the responsibility to deny confirmation to an attorney general who is not suited for the job. A worthy nominee faced with the knowledge that they, even inadvertently, had damaged DOJ’s credibility would make amends if possible, or take themselves out of the running to ensure the people’s faith in justice. It is hard to believe someone who makes serious missteps, as Whitaker and Barr both have, but remains unwaveringly in place will have the fortitude to pass the challenges Trump’s next attorney general will certainly face.
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