Bill Barr: Trump's "Presidential Records Act" Defense Is "Farcical," "A Sideshow"

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Bill Barr: Trump's "Presidential Records Act" Defense Is "Farcical," "A Sideshow"
By: Tim Haines - RealClear Politic's - 06-15-23
Re: https://www.realclearpolitics.com/vi..._sideshow.html

Former Attorney General Bill Barr called FOX News talker Mark Levin's defense of Trump relating to the Presidential Records Act a "sideshow" during an appearance Wednesday with FNC's "Special Report" host Bret Baier.

"I think the arguments are farcical and will be shown as such," Barr said about Levin's argument, echoed by President Trump, that he had a right to keep the documents. "The president is being prosecuted here because it's an obstruction case."

About former President Trump's characterization of him as a "gutless lowlife," Barr said: "Clearly I have a gut."

MARK LEVIN: It's called the "Presidential Records Act" because he is the executive branch, he's the executive branch. So he doesn't have to rely on some subordinate, "Here are the regulations. This is the way you do it, Mr. President." His power comes from the constitution. Is he a third branch of government. Him, he alone. Everything else flows from him.

BRET BAIER, FOX NEWS: Mark Levin last night on Hannity about the Presidential Records Act and how that fits into the former president's defense. Let's talk about former president Trump and President Biden's legal troubles with former Attorney General Bill Barr. Thanks for being here... You listened to Mark there, and he is saying that this Presidential Records Act covers what they're seeing here. How do you see that?

BILL BARR: Yeah, I think the position that is being taken, that this is really a document dispute over custody of documents, and the president has good arguments as to why he should have kept them. I think the arguments are farcical and will be shown as much.

I also think more importantly they are a sideline and distracting from the real issue.

The president is being prosecuted here because it's an obstruction case, and he is in trouble for what he did after he got the subpoena. If he thought he had arguments that these were his documents, there are many things he could have done to raise those arguments. He could have moved to quash the subpoena. He could have given the documents to the government and sued to bring them back and made his legal arguments as to why they're really his, but he didn't do that. What did he do? He engaged in an outrageous act of obstruction and deception that obstructed that subpoena. And that is wrong. That's a violation of the law. That's a serious problem for him. What he did was, according to the indictment, he took a lot of the boxes away, hid them from his lawyer, told his lawyer to go search what remained, and then caused that lawyer to file a statement with the court saying that there had been a complete search.

And if anyone did that, that would be obstruction. So, that is why I think the Justice Department pulled the trigger. And that's the central part of this case.

Talking about whether he had the right to have the documents or not, while it's ridiculous, it's a side-show. He has no -- you cannot defend what he did with that subpoena.

BRET BAIER: But using the Espionage Act to make the decision first to go after him like this, you think, is justified?

BILL BARR: The law against willfully retaining national defense information--

BRET BAIER: Even though it's the president of the United States. At the time he is leaving with it as the president of the United States.

BILL BARR: Yeah, that is a sound charge. That is right. He did not have the right to keep those documents and he jerked the government around for a year.

Put yourself in the government's position. You don't know what he has. He could have -- you don't know what's at risk. They needed to see that stuff. What are they to do?

But, I think that was a legitimate charge but I don't think they would have charged it had he given the documents back. It was the obstruction of the subpoena that I think led the [Justice] Department to pull the trigger.

And I have said that from the beginning if there was strong evidence of his personal involvement in deception, he would be prosecuted.

BRET BAIER: As you may know, the former president is not happy with your remarks about your sense of this. He thinks that there is a long list of reasons that you are saying this, doing this. Talked to Roger Stone this weekend.

DONALD TRUMP: I think he is a coward who didn't do his job. He was desperately afraid of being impeached. You remember when the Democrats were saying we are going to impeach Bill Barr, there was no reason to impeach him. They were going to impeach Bill Barr. We had unbelievable people in the administration but we also had some that we got wrong. And Bill Barr was a mistake.

BRET BAIER: What's your reaction to all of that?

BILL BARR: He said I was a gutless low-life and clearly, I have a gut, so that will shed light on his veracity there. This is the usual stuff.

BRET BAIER: He says that he fired you?

BILL BARR: Well, I resigned on December 14, [2020].
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Personal note: Barr is covering legal his ass for his advice given to Trump - and Trumps
idea of his personal laws - or made up laws! He should have resigned much sooner than
he did.
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