Asian American att'y a casualty of Trump interference in Roger Stone sentencing

Former US Attorney Jessie Liu was a Donald Trump appointee.

An Asian American attorney's nomination to a top position in the Treasury Department was withdrawn by Donald Trump.

Former US attorney Jessie Liu for the District of Columbia, who was appointed by Donald Trump, was all set to be grilled by the Senate for her nomination for the Treasury Department's undersecretary for terrorism and financial crimes, a top position overseeing economic sanctions, according to two sources with direct knowledge when she was suddenly and unexpectedly informed Tuesday that the nomination was dropped.

It is not clear if her nomination was linked to the sentencing of Trump advisor Roger Stone.

Trump associate Stone, was found guilty for lying to Congress and witness tampering during the Russia investigation, according to a new court filing.

"Roger Stone obstructed Congress' investigation into Russian interference in the 2016 election, lied under oath, and tampered with a witness. And when his crimes were revealed by the indictment in this case, he displayed contempt for this Court and the rule of law. For that, he should be punished in accord with the advisory Guidelines," prosecutors wrote on Monday.

At the time of the trial, Liu was the U.S. attorney for the District of Columbia. Axios notes that Liu had been expected to stay in her position leading the DC US attorney's office until she was confirmed in the Treasury role, but she was informed last month that Attorney General William Barr was replacing her with his associate Timothy Shea. 

Shea‘s name appeared on Monday's initial filing stating the sentencing recommendation of up to nine years. Those recommendations are usually written by the line prosecutors on the case, all four of whom resigned Tuesday.

Early Tuesday morning, Trump tweeted that he thought the sentence to be too harsh. "This is a horrible and very unfair situation," Trump wrote. "The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!"

Later in the day, the DOJ headed by US Attorney General William Barr, a Trump appointee, revised the recommendation urging for a more lenient sentence.

Tuesday afternoon, after the revised recommendation was made, all four prosecutors who worked on the case — Aaron S.J. Zelinsky, Jonathan Kravis, Adam Jed and Michael Marando— filed a motion to withdraw from the case. Zelinsky and Kravis both resigned from the D.C. U.S. attorney's office.

Barr's actions, prompted by Trump's tweets, is being interpreted as unprecedented interference in the judicial system, the third branch of the government.

"This signals to me that there has been a political infestation," NBC News legal analyst Chuck Rosenberg, a former U.S. attorney in Virginia, said on MSNBC. "And that is the single most dangerous thing that you can do to the Department of Justice."

US District Court Judge Amy Berman Jackson, who, will announce the sentence next week, is an appointee of President Obama. She was also attacked by Trump by Twitter.

As the US attorney in charge of the D.C. office, Liu also oversaw prosecution of Paul Manafort, another Trump associates.

Liu was due to appear before the Senate Banking Committee for a confirmation hearing Thursday.

The Washington Post says its sources contend Trump decided to withdraw Liu's nomination because he was worried she would be asked about the Stone case during her confirmation hearing.

Kamala Harris, Mazie Hirono: Barr should resign

SCREEN CAPTURE / C-SPAN

Sen. Kamala Harris questions Attorney General William Barr's bias for Donald Trump

Attorney General William Barr floundered under tough questioning from the two Asian American senators during the Senate Judiciary  Committee hearing Wednesday.

After grilling Barr, Senators Mazie Hirono, D-HI, and Kamala Harris, D-CA, concluded that Barr should resign after the Attorney General allegedly lied to Congress in his attempts to protect Donald Trump.

"Bill Barr is acting more like the President’s personal attorney than the Attorney General of the United States," said Harris after the hearing. "His job is to defend the rule of law and serve the American people, not shield the President from justice. He made something very clear today: he must resign."

"Now we know more about your deep involvement and trying to cover up for Donald Trump," Hirono said during her time for questioning. "Being attorney general of the United States is a sacred trust. You have betrayed that trust. America deserves better. You should resign."

Hirono wasted no time in slamming the Attorney General in her opening statement, "Mr. Barr, now the American people know that you are no different from Rudy Giuliani or Kellyanne Conway or any of the other people who sacrificed their once decent reputation for the grifter and liar who sits in the Oval Office," referencing two of Donald Trump's top media surrogates.

During her no-holds-barred questioning of the Attorney General, Hirono pointed to exchanges Barr had with members of Congress where Barr said he did not know what objections Mueller's team had with his March 24 letter on the investigation's findings and if Mueller supported his conclusions.

She continued to slam Barr: "But when we read the report, we knew Robert Mueller’s concerns were valid and that your version of events was false. You used every advantage of your office to create the impression that the president was cleared of misconduct. You selectively quoted fragments from the special counsel report, taking some of the most important statements out of context and ignoring the rest. You put the power and authority of the office of the attorney general and the Department of Justice behind a public relations effort to help Donald Trump protect himself."

"You lied to Congress," Hirono said to his face.

YOUTUBE

Sen. Mazie Hirono: 'America deserves better. You should resign.'

If Hirono was the sledgehammer, Harris, a former prosecuting attorney, sliced and diced Barr.

Harris said, "I’ll be frank: Attorney General Barr refused to answer most of my questions -- and when he did, his answers were alarming. He admitted he had never even reviewed the underlying evidence of the Mueller report, and he refused to say whether the President has ever ordered him to investigate anyone. This is unacceptable."

When Harris asked Barr if anybody in the White House asked him to open an investigation on anybody, Barr hemmed and hawed and asked her to repeat the question.

“It seems you would remember something like that,” Harris said.

“I’m trying to grapple with the word ‘suggest’. They have not asked me to open an investigation,” he finally said.

“Perhaps they’ve suggested?” she persisted.

“I wouldn’t say suggested,” Barr responded

“Hinted?” pressed Harris.

Finally, he managed to say, “I don’t know.”

Barr's summary concluded that there was "no collusion," between Russia and the Trump campaign and that Trump did not obstruct the Mueller investigation.

A detailed reading of the report that Russia was aggressively trying to influence the election in favor of Trump. The question remains open whether or not members of the Trump campaign may have given Russia information about Trump's election strategy and whether Trump staffers were duped by individuals acting as agents for Russia.

Mueller's report said that while there was not enough evidence to "prove" there was obstruction, the report "did not exonerate" him either.

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AAPI politicians want to see full Mueller Report, disagree with Atty General's interpretation: of its findings

UPDATED, APRIL 19, 1:30 a.m.

First take from your armchair lawyer: There may not be a smoking gun in the Mueller Report, but there is a hell of a lot of circumstantial evidence to show that Russia was interfering with the U.S. 2016 elections and the Trump campaign did nothing to curtail the kneecapping of our democracy.

Second take from your armchair lawyer: Mueller punted on the question of Trump's possible obstruction of justice  Mueller leaves it  to Congress on what to do with the findings of the report. 

The country is abuzz about the release of the redacted Mueller Report. 

This morning, Attorney General William Barr held a press conference prior to the report's release to soften the impact of the Mueller Report's contents. 

In his prepared statement, Barr pointed out that there is much in the report that will be used in ongoing and future court proceedings and therefore, he chose to redact essential parts of the report. Already, several House committees say they will ask Robert Mueller to testify.

At the press conference, Barr said:

"First, the report details efforts by the Internet Research Agency, a Russian company with close ties to the Russian government, to sow social discord among American voters through disinformation and social media operations. Following a thorough investigation of this disinformation campaign, the Special Counsel brought charges in federal court against several Russian nationals and entities for their respective roles in this scheme. Those charges remain pending, and the individual defendants remain at large. 

"But the Special Counsel found no evidence that any Americans – including anyone associated with the Trump campaign – conspired or coordinated with the Russian government or the IRA in carrying out this illegal scheme. Indeed, as the report states, “[t]he investigation did not identify evidence that any U.S. persons knowingly or intentionally coordinated with the IRA’s interference operation.” Put another way, the Special Counsel found no “collusion” by any Americans in the IRA’s illegal activity. 

"Second, the report details efforts by Russian military officials associated with the GRU to hack into computers and steal documents and emails from individuals affiliated with the Democratic Party and the presidential campaign of Hillary Rodham Clinton for the purpose of eventually publicizing those emails. Obtaining such unauthorized access into computers is a federal crime. Following a thorough investigation of these hacking operations, the Special Counsel brought charges in federal court against several Russian military officers for their respective roles in these illegal hacking activities. Those charges are still pending and the defendants remain at large. 

"But again, the Special Counsel’s report did not find any evidence that members of the Trump campaign or anyone associated with the campaign conspired or coordinated with the Russian government in its hacking operations. In other words, there was no evidence of Trump campaign “collusion” with the Russian government’s hacking.

Barr's choice to hold a press conference to set the stage for the report's initial impact was highly criticized. Members of Congress tried, unsuccessfully, to cancel the presser.

Here is Barr's complete statement.

Reaction from some Asian American leaders, all of them Democrats were universally dissatisfied with Barr's conclusions and shock at the report's contents:

Sen. Kamala Harris

"Attorney General Bill Barr only released this redacted report after providing a copy to the president’s personal lawyers, and after he gave a press conference on national television filled with political spin and propaganda. Let’s be clear: Barr is acting more like Trump’s defense attorney than the nation’s Attorney General," Harris said. 

Harris added that Congress "has a constitutional duty to conduct oversight of the executive branch" and called for the "full, unredacted" report to be shared with lawmakers.

"The American people deserve the unvarnished truth -- without spin from the president’s hand-picked Attorney General. This redacted report is not enough," Harris wrote in the email. "Congress needs to see the full, unredacted Mueller report and all of the investigation’s underlying evidence -- and Special Counsel Robert Mueller must testify publicly before Congress."

Sen. Tammy Duckworth

“Attorney General Barr’s biased press conference this morning was a low point for our nation and the rule of law. It’s sad to see the Attorney General of the United States acting as if he were the President’s personal lawyer. The American people deserve the opportunity to read the complete findings of Robert Mueller and to hear from the Special Counsel, who must testify before Congress in a public hearing as soon as possible so he can fully explain the report and the context behind its findings.”

Sen. Mazie Hirono

“Despite the Attorney General’s attempt to spin the Mueller Report in Donald Trump’s favor, it’s clear the Special Counsel’s investigation found serious wrongdoing by the President and many of his associates.

“The Special Counsel’s report lays out, in meticulous detail, evidence that Donald Trump obstructed justice. Among the many rich details in the report, Robert Mueller shows how Donald Trump fired James Comey to end the investigation into his campaign; how the President instructed Don McGahn to order Rod Rosenstein to fire the Special Counsel; and how Donald Trump sent messengers to Jeff Sessions to ‘unrecuse’ himself in order to limit the scope of the investigation.

“If not for existing Department of Justice policy, the Special Counsel had ample evidence to indict Donald Trump for obstruction.

“The Special Counsel also confirmed what our intelligence community had already unanimously concluded: that the Russian government interfered in the 2016 election to elect Donald Trump.

“Although the Special Counsel felt he couldn’t meet the high bar necessary to prove criminal conspiracy with the Russians, he demonstrated that Donald Trump and his campaign were willing to engage with our foremost adversary to gain an advantage in the 2016 election. This is just wrong, plain and simple.

“The Special Counsel’s report in no way exonerates the President. In fact, it implicates the President in criminal activity. Congress has an obligation to act like the separate branch of government it is and conduct serious oversight of this administration. Everything should be on the table.”

Rep. Pramila Jayapal

“From day one, Congress and the American public have demanded release of the full Mueller report and all underlying documents; anything less is unacceptable,” said Congresswoman Jayapal. “Congress has a right and responsibility to review the Special Counsel’s full investigation without omissions to determine what steps must be taken – and whether further action is necessary. 

“I am troubled by Donald Trump’s hand-picked Attorney General’s apparent protection of a President who could not be exonerated by the Special Counsel on at least ten counts of obstruction of justice, and the numerous willing contacts documented between the Trump Campaign and a foreign power that was explicitly out to influence our last elections and likely our upcoming elections. 

“Congress has a duty – rooted firmly in the Constitution – to safeguard the justice system and prevent obstruction of justice. To do this, we must have the full report. Attorney General Barr’s refusal to release the full report and underlying materials prevents Congress from doing our constitutional duty. Barr should be acting as the nation’s Attorney General not Trump’s personal attorney. Anything less is unacceptable.”

Rep. Mark Takano

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AAPI attorney withdraws nomination for DOJ's No. 3 spot

JESSIE KONG LIU

It's an example of the Republican Party eating its young when the GOP's radical right wing turns against the moderate right wing of the party.

Jessie Kong Liu, the U.S. attorney for the District of Columbia, withdrew her name Thursday for consideration to be third-in-command at the Justice Department because some members of the GOP believed she was not conservative enough.

The seasoned lawyer overseeing the largest district in the country with over 300 attorneys, pulled out of consideration for the job because she reportedly did not want to be a distraction at a critical time for the DOJ.

Liu faced opposition from Utah GOP Sen. Mike Lee, among others, because of her association with the National Association of Women Lawyers, which sent a letter to the Senate opposing the nomination of of Samuel Alito to the U.S. Supreme Court.

As vice president, Liu's name was on the letterhead but she did not sign the letter. She, in fact, signed another letter in support of Alito's nomination.

Justice Department officials were reportedly upset at the opposition to Liu. They noted that she's a well-regarded conservative, in some ways more conservative than Lee.

"Only a moron like Mike Lee would tank President Trump's nominee, an Asian woman, for the department's No. 3 job," a senior DOJ official told CNN. "This is beyond politically stupid."

Opposition from radically right Republicans combined with Democrats who believe Liu is too conservative, effectively killed any hope that she could muster enough votes to win the nomination.

Attorney General William Barr issued a statement Thursday afternoon praising Liu and saying she "would have made an outstanding associate attorney general."

"Jessie Liu is one of the finest, most impressive people serving in the Department of Justice," Barr said the statement, adding that he would appoint her to be chairwoman of his advisory committee.

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Jessie Kong Liu nominated for the DOJ's 3rd highest post

Donald Trump has picked Jessie Kong Liu, the U.S. attorney for the District of Columbia, for the role of associate attorney general, the White House announced Tuesday.

The White House released this information:

Ms. Liu currently serves as the United States Attorney for the District of Columbia, the Nation’s largest United States Attorney’s Office. As United States Attorney for the District of Columbia, she leads more than 300 prosecutors and, among other achievements, implemented the Department of Justice’s pilot initiative on sexual harassment in public housing. Previously, 

Ms. Liu served in various positions across the Government, including in the Civil Rights and National Security Divisions at the Department of Justice, as well as Deputy General Counsel for the Department of the Treasury. She also served as a law partner at Morrison & Foerster and Jenner & Block. Ms. Liu clerked for then-Chief Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit in Houston, Texas, and received her A.B., summa cum laude, from Harvard University in 1995 and J.D. from Yale Law School in 1998.

The job she has been nominated for is the No. 3 position at the Justice Department. The position has gone unfilled for over a year since former associate attorney general Rachel Brand’s unexpected departure. 

“With her record of public service, particularly in civil justice and federal law enforcement matters, it is clear that she will be an outstanding addition to our leadership team at the Department,” said U.S. Attorney General William Barr in a statement.

Liu, 46, was nominated by Trump in 2017 to head the U.S. attorney’s office where  she handled criminal cases, including those involving some of Trump's associates who have been implicated in some of the events surrounding Mueller's Russia probe. Among those cases are those proceedings against Trump advisor Roger Stone and and alleged Russian agent Irina Butina.

By moving to the DOJ, she will be leaving those cases behind allowing Trump to nominate someone to oversee those ongoing investigations and court proceedings.

As associate attorney general, Liu would primarily be responsible for overseeing the department’s civil litigation.

“Jessie has distinguished herself as a first-class attorney in private practice, in the Treasury Department, and in five different positions over her career at the Department of Justice,”  Barr said in a statement.

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Kamala Harris says .... 'no' to Barr

SCREEN CAPTURE / CNN

Sen. Kamala Harris questions AG nominee William Barr.

By the time you read this, California's Sen. Kamala Harris may have released a statement about her intentions for 2020 presidential elections.

UPDATE 10 a.m., Jan. 21: Kamala Harris is running for president

The Indian American lawmaker said last month that she would announce her decision about 2020 after the holidays. Earlier this month, it was announced that she will make her intentions known on MLK Day - today.

While the government remains shut down, Harris has been doing her job tending to other matters.

In a statement, Harris became the first prominent Democrat to say she would not vote for William Barr, Donald Trump's nominee for Attorney General.

She criticized Barr for his support of a wall along the Mexican border and his record on civil rights while attorney general under President George H.W. Bush.

Harris also said she was concerned about Barr's refusal to recuse himself from overseeing special counsel Robert Mueller’s investigation into election meddling.

“While I respect Mr. Barr’s past public service, I do not believe he will defend independent investigations from attacks, embrace a smart approach to public safety, and ensure equal protection under the law for every single American,” she said.

As a member of the Senate's Judiciary Committee, Harris took part in questioning Barr. In response to Barr’s insistence that he would not recuse himself if he personally disagreed with ethics officials’ recommendation, Harris sought clarification on why precisely he might disregard that guidance:

Harris: Let’s imagine it’s a judgment call and the judgment by the career ethics officials in the agency are that you recuse yourself. Under what scenario would you not follow their recommendation?

Barr: If I disagreed with it.

Harris: And what would the basis of that disagreement be?

Barr: I came to a different judgment.

And on other matters ...

If Sen. Harris makes an announcement about th 2020 presidential campaign, check back later.

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