Opinion

Atty. Gen. William Barr may not be very good at playing Jenga

Jenga is a maddening game. It requires a steady hand and steady nerves. You really want to believe it takes strategy to pull one rectangular, wooden block out at a time and not have the tall stack of blocks collapse into a dramatic heap. But there really isn’t much strategy involved; it comes down to luck against Newton’s various laws.

At some point, however, luck runs out.

On Wednesday, Attorney General William Barr may have pulled the wrong block on the Trump administration.

He told members of the Senate Appropriations Committee that he thought “spying” on a political campaign occurred in the course of intelligence agencies’ investigations into Russian interference in the 2016 election.

“I think spying on a political campaign is a big deal. It’s a big deal,” said Barr, noting there are long-held rules to prevent intelligence agencies from collecting information on domestic political figures. “I’m not suggesting that those rules were violated, but I think it’s important to look at that.”

Sen. Jeanne Shaheen, a New Hampshire Democrat, asked, “You’re not suggesting that spying occurred?”

“I think spying did occur, yes,” Barr replied, adding that the key question is whether law enforcement officials had a proper legal justification to open such an investigation and gather intelligence.

“I need to explore that … I want to say that I am reviewing this. I haven’t set up a team yet,” Barr added. “I also want to make clear this is not launching an investigation of the FBI. Frankly, to the extent that there were any issues at the FBI, I do not view it as a problem that’s endemic to the FBI. I think there was probably a failure among a group of leaders there in the upper echelon.

“I feel I have an obligation to make sure that government power is not abused,” he continued. “I think that is one of the principal roles of the attorney general.”

That’s a refreshing statement.

Up to this point, many Americans have been dismayed by the Mueller report’s alleged findings. Barr himself released a summary in the days following its delivery to his office, indicating there were no additional indictments expected in the handling of the investigation into Russian collusion in the 2016 election.

Those statements appeased and emboldened the president, who has repeatedly denounced the FBI’s former director, James B. Comey, and some of his top aides for their handling of the Russia investigation. Shortly before Wednesday’s hearing, Trump called the Russia probe “an illegal investigation.” He added, “It was started illegally. Everything about it was crooked. Every single thing about it was crooked.”

Later in the hearing on Wednesday, though, Barr offered a more tempered description of his concerns, saying he wanted to understand whether there was “unauthorized surveillance” on political figures.

“I believe there is a basis for my concern, but I’m not going to discuss the basis for my concern,” said Barr. “I am not saying that improper surveillance occurred. I am saying I am concerned about it, and I am looking into it. That is all.”

At another point, Barr said he did not understand why, if intelligence officials believed there was a danger of Russian figures trying to make inroads with Trump’s associates, the FBI did not warn the campaign about those specific risks.

“If I were attorney general and that situation came up, I would say, ‘Yes, brief the target of the foreign espionage activity,'” Barr said.

Barr also said a redacted version of Mueller’s report is imminent, even though Democrats have suggested Barr is trying to hide damaging information about the president. Redactions in the report, Barr said, would be color-coded so people would know why specific sections were being kept secret. Barr told Sen. Patrick Leahy, of Vermont, and the committee’s Democratic vice chairman, that he hasn’t discussed any particular redactions he will make to the Mueller report with the White House.

It remains to be seen whether the teetering tower succumbs to the principles, not of physics, but of honesty, integrity and truth. Trump’s pick for attorney general may be the very person who runs out this president’s luck.

 

Online: bit.ly/ 2VEDRJb. This editorial appeared in the Rutland Herald on April 10.

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