WASHINGTON - Attorney General William Barr defended the aggressive federal law enforcement response to civil unrest in America, saying on Tuesday “violent rioters and anarchists have hijacked legitimate protests” sparked by George Floyd’s death at the hands of Minneapolis police.
Barr told members of the House Judiciary Committee at a much-anticipated election year hearing the violence taking place in Portland, Oregon, and other cities is disconnected from Floyd's killing, which he called a “horrible" event that prompted a necessary national reckoning on the relationship between the Black community and law enforcement.
WASHINGTON, DC - JULY 28: Attorney General William Barr appears before the House Judiciary Committee on July 28, 2020 on Capitol Hill in Washington D.C. In his first congressional testimony in more than a year, Barr is expected to face questions from
“Largely absent from these scenes of destruction are even superficial attempts by the rioters to connect their actions to George Floyd’s death or any legitimate call for reform,” Barr said of the Portland protests.
The hearing marks Barr’s first appearance before the House Judiciary Committee after 18 months in office, bringing him face-to-face with a panel that voted last year to hold him in contempt and is holding hearings on what Democrats say is politicization of the Justice Department under his watch. It comes during tumultuous stretch in which Barr has taken actions cheered by President Donald Trump but condemned by Democrats and other critics.
Among those actions is the Justice Department’s decision to drop the prosecution of former Trump administration national security adviser Michael Flynn and Barr's urging for a more lenient sentence for President Trump ally Roger Stone, a move that prompted the entire trial team’s departure. President Trump later commuted the sentence entirely.
Opening the hearing, committee Chairman Jerry Nadler said the Trump administration had “twisted the Department of Justice into a shadow of its former self,” serving the powerful before average Americans. He said the committee has a responsibility to protect Americans “from that kind of corruption.”
Nadler said Barr had “aided and abetted” President Trump’s worst impulses and excoriated him and the Justice Department for turning a blind eye to necessary reforms to police departments, for dismissing Black Lives Matter protests and for flooding streets with federal agents to stop protesters.
Republicans hit back hard in defense of Barr and President Trump's administration. The top Republican on the panel, Ohio Rep. Jim Jordan, used his opening statement to show an eight-minute video that spliced together images of violence by protesters around the country, showcasing law enforcement officers under attack in Chicago, Portland and New York. The images were cut from hundreds of hours of racial injustice footage of largely peaceful protests around the nation.
Under combative questioning, Barr acerbically defended himself but revealed little new information about his motivations or the Justice Department's recent actions on policing or otherwise. Fuming Democrats often used their five minutes to lay out their frustrations and cut him off as he attempted to answer questions.
“Many of the Democrats on this Committee have attempted to discredit me by conjuring up a narrative that I am simply the President’s factotum who disposes of criminal cases according to his instructions,” Barr said in his opening statement. "Judging from the letter inviting me to this hearing, that appears to be your agenda today.”
On policing, Barr's testimony underscores the Justice Department’s ongoing effort to differentiate between increasing violence in some cities and Floyd's death, which has led to state charges against four officers and is under investigation by federal authorities. Massive but peaceful demonstrations followed Floyd's death in May.
The attorney general, speaking as Congress and the public pay respects in the Capitol to the late civil rights icon Rep. John Lewis, acknowledged to lawmakers Floyd’s death struck a chord in the Black community because it reinforced concerns Black people are treated differently by police. But he condemned Americans who he says have responded inappropriately to Floyd's death through what he said was rioting and anarchy.
“As elected officials of the federal government, every member of this committee — regardless of your political views or your feelings about the Trump administration — should condemn violence against federal officers and destruction of federal property,” Barr said. “So should state and local leaders who have a responsibility to keep their communities safe."
Civil unrest escalated in Portland after federal agents were accused of whisking people away in unmarked cars without probable cause; the people were detained and later released. And in Washington, D.C., peaceful protesters were violently cleared from the streets by federal officers using smoke bombs and pepper balls last month before a photo op by President Trump in front of St. John's church, where Barr had accompanied him.
Barr defended the broad use of law enforcement power to deal with the situation, noting that protesters had earlier set fire to the church and "it was total consensus that you couldn’t allow that to happen so close to the White House.” The department’s internal watchdog has opened investigations into use of force and other tactics by agents in Washington and Portland.
He also said the force was used because the protesters would not disperse from the area when law enforcement officials were trying to move back the security perimeter, a decision made the night before. When pressed on details, he pointed to the investigations.
The use of pepper spray is warranted, even if peaceful protesters are also harmed, he said.
Beyond the federal response to the demonstrations, Barr was pressed in detail about his intervention in the Flynn and Stone cases, both of which arose from special counsel Robert Mueller's Russia investigation. Democrats criticized him for partly taking into account Stone's health and age, 67, and said those standards haven't been used in other similar cases.
While Stone’s health was one of the factors considered by senior level officials at the Justice Department, the point of the contention about the sentencing recommendation was over whether a specific sentencing enhancement over witness tampering would apply. Barr said that enhancement is “traditionally applied to mafiosos” and he didn’t agree that it was warranted in Stone’s case.
Barr said he told the acting U.S. attorney that “we are going to leave it up to the judge” and that he ordered the revised recommendation to be filed whent the line prosecutors submitted an initial recommendation calling for a sentence of seven to nine years.
“And even though I knew I would get a lot of criticism for doing that, I think at the end of the day my obligation is to be fair to the individual,” Barr said.
Republicans and Democrats also repeatedly revisited Mueller's probe, with Democrats arguing he downplayed the report to the public before it was released and Republicans pressing him on the origins of the probe. The department is investigating the department's decisions as it started investigating President Trump's ties to Russia during the Obama administration in 2016.
In a prepared opening statement released by the department, Barr derisively referred to “the bogus ‘Russiagate’ scandal.” Barr didn’t read that part of his statement in the hearing room, but defended his actions as he has questioned the probe.