Barr’s Perspective

Regardless of how one defines “develop,” whether as comparable to destroy or the opposite of envelope, enclose or surround, Attorney General Barr’s assertion in prepared statements about the Special Counsel’s report:

May 1, 2019 · Attorney General William Barr is prepared to defend his handling of the Russia report to senators … We concluded that the evidence developed during the Special Counsel’s investigation is not …

is wrong. Evidence is never “developed” by prosecutors, unless they are corrupt. Evidence is properly collected and assembled and preserved by a prosecutor to support a claim of injury or refute it. Then the evidence is forwarded for a judgement to be arrived at by a court.

That the Special Counsel, a member of the executive did not formulate a formal charge against the current chief executive is logically appropriate because to do so would violate the separation of powers principle and render any final determination suspect. When the executive’s behavior is questionable, then the legislative body is designated to perform a judicial review and take action, or not. It’s a simple matter of fairness.

However, Barr’s slip of the tongue is telling. Prosecutors in many venues have taken it upon themselves to act as judge, jury and executioner under the umbrella of the plea bargain —- an invention that serves to hide many an inappropriate or even illegal interevention by prosecutors. Instead of just forwarding the evidence for the crime charged, prosecutors have fallen into the habit of manipulating both. Indeed, the corruption has caught the attention oF the SCOTUS, but so far that body has not been able to address it with a ruling.

The SCOTUS does not initiate matters and has to await prosecutors bringing cases to it. Which prosecutors have not been keen to do.