The U.S. Supreme Court today brushed aside Thomas Goldstein's clever move to place the legitimacy of Matthew Whitaker as Acting Attorney General before the court through a normally routine motion to substitute a successor for a party appearing in his official capacity. In Michaels v. United States, No. 18-496, a petition challenging the federal ban on possession of firearms by convicted felons, Goldstein moved to substitute Rod Rosenstein, rather than Matthew Whitaker, for departed Attorney General Jeff Sessions, the nominal lead defendant.
No dice. In today's order list, the Court denied the motion and the certiorari petition without comment or noted dissent.
The question will likely be moot very soon. William Barr's confirmation hearing is tomorrow. His prepared remarks have been released. Sadie Gurman has this story in the WSJ. The part about the Mueller probe will be the main topic of conversation amongst the chattering classes. I am more interested in his priorities for DoJ generally.
First, we must continue the progress we have made on violent crime while, at the same time, recognizing the changes that have occurred since I last served as Attorney General. Then, the Nation was suffering from the highest violent crime rate in our history. My priority was to protect the public and attack those soaring crime rates by targeting chronic violent offenders and gangs. The crime rate has substantially fallen since 1992. The recently passed First Step Act, which I intend to diligently implement if confirmed, recognizes the progress we have made over the past three decades. Like Attorney General Sessions, I believe we must keep up the pressure on chronic, violent criminals. We cannot allow the progress we have made to be reversed. As Attorney General, I will continue to give priority to the joint efforts with our state and local partners to combat violent crime.
That sounds like the "law-and-order President" has indeed given us another law-and-order Attorney General. While he tips his hat to the Faux Pas Act, the main point is a determination to continue the progress against crime that the get-tough policy of his prior tenure helped bring about. "We cannot allow the progress we have made to be reversed." Bull's-eye. The acknowledgement to departed AG Sessions, a man unfairly tarred and largely right on the main issues, is a classy touch and a good sign.
It's a good thing former Majority Leader Harry Reid nuked the filibuster for executive nominations.
I think our “law and order” President is going to regret this pick even more than he regretted Sessions, who he publicly savaged over and over again. If Trump thinks Barr is going to attack Mueller, the DOJ and cover for him, today’s hearing suggests he is very much mistaken. Barr sounds like an institutionalist, which is very bad news for this President. The immune system of our democracy still seems to be holding, despite the continual efforts of our President to undermine them.