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      Barr Rebukes Trump as ‘Off the Rails’ in New Memoir

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      William P. Barr’s memoir of his time as attorney general under George H.W. Bush and then again under Donald J. Trump defends his more recent leadership of the Justice Department.WASHINGTON — Former Attorney General William P. Barr writes in a new memoir that former President Donald J. Trump’s “self-indulgence and lack of self-control” cost him the 2020 election and says “the absurd lengths to which he took his ‘stolen election’ claim led to the rioting on Capitol Hill.”In the book, “One Damn Thing After Another: Memoirs of an Attorney General,” Mr. Barr also urges his fellow Republicans to pick someone else as the party’s nominee for the 2024 election, calling the prospect of another presidential run by Mr. Trump “dismaying.”“Donald Trump has shown he has neither the temperament nor persuasive powers to provide the kind of positive leadership that is needed,” Mr. Barr writes.The memoir — an account of Mr. Barr’s time as attorney general under President George H.W. Bush and then again under Mr. Trump — defends his own actions in the Trump administration that led to sharp criticism of a Justice Department setting aside its independence to bend to White House pressure.Mr. Barr was long considered a close ally of Mr. Trump. But the two fell out toward the end of the Trump administration, when Mr. Barr refused to go along with Mr. Trump’s baseless claims that the 2020 election had been stolen.In a statement last June, Mr. Trump denounced his former attorney general, calling him a “swamp creature” and a “RINO” — meaning Republican in Name Only — who “was afraid, weak and frankly, now that I see what he is saying, pathetic.”For his part, Mr. Barr portrays Mr. Trump as a president who — despite sometimes displaying “the menacing mannerisms” of a strongman ruler as a “schtick” to project an image of strength — had operated within guardrails set up by his advisers and achieved many conservative policy goals. But Mr. Trump “lost his grip” after the election, he writes.“He stopped listening to his advisers, became manic and unreasonable, and was off the rails,” Mr. Barr writes. “He surrounded himself with sycophants, including many whack jobs from outside the government, who fed him a steady diet of comforting but unsupported conspiracy theories.”Throughout the book, Mr. Barr scorns the news media, accusing them of “corruption” and “active support for progressive ideology.” The political left, he writes, became radicalized during President Barack Obama’s second term. He compares its support for social justice issues to “the same kind of revolutionary and totalitarian ideas that propelled the French Revolution, the Communists of the Russian Revolution and the fascists of 20th-century Europe.”Mr. Barr also denounces the inquiry by the F.B.I. and then the special counsel, Robert S. Mueller III, into links between Russia and Trump campaign aides in 2016. He writes that “the matter that really required investigation” was “how did the phony Russiagate scandal get going, and why did the F.B.I. leadership handle the matter in such an inexplicable and heavy-handed way?”Mr. Barr rejects as “drivel” the criticism that his summary of the special counsel’s report that he issued before the report became public was distorted in a way that favored Mr. Trump. Mr. Barr insists that his description — including his declaration that Mr. Trump did not commit obstruction of justice — was “entirely accurate.”In defending that conclusion, Mr. Barr writes that it was a “simple fact that the president never did anything to interfere with the special counsel’s investigation.”But his book does not address any of the specific incidents that Mr. Mueller’s report laid out as raising potential obstruction-of-justice concerns, such as the fact that Mr. Trump dangled a pardon at his former campaign chairman, Paul J. Manafort, while urging Mr. Manafort not to cooperate with the inquiry.In a chapter titled “Upholding Fairness, Even for Rascals,” Mr. Barr defends his handling of two other cases arising from the Mueller investigation. Mr. Barr writes that it was “reasonable” for him to overrule line prosecutors and seek a more lenient sentence for Mr. Trump’s ally Roger J. Stone Jr.And addressing his decision to drop the prosecution of Michael T. Flynn, Mr. Trump’s former national security adviser, for lying to the F.B.I. — even though Mr. Flynn had already pleaded guilty — he writes that the evidence was insufficient, the F.B.I.’s handling of the case had been “an abuse of power” and Mr. Mueller’s charges against him were not “fair.”As he did while in office, Mr. Barr laments that Mr. Trump’s public comments about the Justice Department undermined his ability to do his job.“Even though I was basing decisions on what I thought was right under the law and facts, if my decisions ended up the same as the president’s expressed opinion, it made it easier to attack my actions as politically motivated,” he writes.Mr. Barr also describes resisting Mr. Trump’s bidding in some cases. He declined to charge the former F.B.I. director James B. Comey Jr. for allegedly leaking classified information; insisted that the administration had run out of time to add a question about citizenship to the 2020 census; and rejected Mr. Trump’s “bad” idea that he could use an executive order to end birthright citizenship for children born in the United States to undocumented immigrants.Lawyers at the White House and the Justice Department had to talk Mr. Trump out of those ideas, which could be “bruising” and amounted to “eating grenades,” Mr. Barr writes.On the scandal that led to Mr. Trump’s first impeachment, in which Mr. Trump withheld aid to Ukraine as leverage to try to get Ukraine’s president to announce an investigation into Joseph R. Biden Jr., Mr. Barr was scathing.He calls it “another mess — this one self-inflicted and the result of abject stupidity,” a “harebrained gambit” and “idiotic beyond belief.” But while Mr. Barr describes the conversation Mr. Trump had with Ukraine’s president on the topic as “unseemly and injudicious,” he maintains that it did not rise to a “criminal offense.”Similarly, Mr. Barr writes that he did not think Mr. Trump’s actions before the Jan. 6 attack on the Capitol — which he had condemned in a statement the day after as “orchestrating a mob to pressure Congress” and “a betrayal of his office and his supporters” — met the legal standard for the crime of incitement, even though they were “wrong.”The book opens with a Dec. 1, 2020, meeting with Mr. Trump hours after Mr. Barr gave an interview contradicting the president’s claims of a stolen election, saying the Justice Department had “not seen fraud on a scale that could have effected a different outcome in the election.”Mr. Trump was furious, he writes, accusing Mr. Barr of “pulling the rug out from under me” and saying he must “hate Trump.” After Mr. Barr says he explained why claims of various fraud were unfounded, he offered to resign and Mr. Trump slammed the table and yelled “accepted!” Mr. Trump reversed himself as Mr. Barr left the White House, but Mr. Barr stepped down before the end of the month.His book expands on that theme, going through specific “fact-free claims of fraud” that Mr. Trump has put forward and explaining why the Justice Department found them baseless. He lists several reasons, for example, that claims about purportedly hacked Dominion voting machines were “absolute nonsense” and “meaningless twaddle.”“The election was not ‘stolen,’” Mr. Barr writes. “Trump lost it.” More

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      Court Filing Started a Furor in Right-Wing Outlets, but Their Narrative Is Off Track

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      The latest alarmist claims about spying on Trump appeared to be flawed, but the explanation is byzantine — underlining the challenge for journalists in deciding what merits coverage.WASHINGTON — When John H. Durham, the Trump-era special counsel investigating the inquiry into Russia’s 2016 election interference, filed a pretrial motion on Friday night, he slipped in a few extra sentences that set off a furor among right-wing outlets about purported spying on former President Donald J. Trump.But the entire narrative appeared to be mostly wrong or old news — the latest example of the challenge created by a barrage of similar conspiracy theories from Mr. Trump and his allies.Upon close inspection, these narratives are often based on a misleading presentation of the facts or outright misinformation. They also tend to involve dense and obscure issues, so dissecting them requires asking readers to expend significant mental energy and time — raising the question of whether news outlets should even cover such claims. Yet Trump allies portray the news media as engaged in a cover-up if they don’t.The latest example began with the motion Mr. Durham filed in a case he has brought against Michael A. Sussmann, a cybersecurity lawyer with links to the Democratic Party. The prosecutor has accused Mr. Sussmann of lying during a September 2016 meeting with an F.B.I. official about Mr. Trump’s possible links to Russia.The filing was ostensibly about potential conflicts of interest. But it also recounted a meeting at which Mr. Sussmann had presented other suspicions to the government. In February 2017, Mr. Sussmann told the C.I.A. about odd internet data suggesting that someone using a Russian-made smartphone may have been connecting to networks at Trump Tower and the White House, among other places.Mr. Sussmann had obtained that information from a client, a technology executive named Rodney Joffe. Another paragraph in the court filing said that Mr. Joffe’s company, Neustar, had helped maintain internet-related servers for the White House, and that he and his associates “exploited this arrangement” by mining certain records to gather derogatory information about Mr. Trump.Citing this filing, Fox News inaccurately declared that Mr. Durham had said he had evidence that Hillary Clinton’s campaign had paid a technology company to “infiltrate” a White House server. The Washington Examiner claimed that this all meant there had been spying on Mr. Trump’s White House office. And when mainstream publications held back, Mr. Trump and his allies began shaming the news media.“The press refuses to even mention the major crime that took place,” Mr. Trump said in a statement on Monday. “This in itself is a scandal, the fact that a story so big, so powerful and so important for the future of our nation is getting zero coverage from LameStream, is being talked about all over the world.”There were many problems with all this. For one, much of this was not new: The New York Times had reported in October what Mr. Sussmann had told the C.I.A. about data suggesting that Russian-made smartphones, called YotaPhones, had been connecting to networks at Trump Tower and the White House, among other places.The conservative media also skewed what the filing said. For example, Mr. Durham’s filing never used the word “infiltrate.” And it never claimed that Mr. Joffe’s company was being paid by the Clinton campaign.Most important, contrary to the reporting, the filing never said the White House data that came under scrutiny was from the Trump era. According to lawyers for David Dagon, a Georgia Institute of Technology data scientist who helped develop the Yota analysis, the data — so-called DNS logs, which are records of when computers or smartphones have prepared to communicate with servers over the internet — came from Barack Obama’s presidency.“What Trump and some news outlets are saying is wrong,” said Jody Westby and Mark Rasch, both lawyers for Mr. Dagon. “The cybersecurity researchers were investigating malware in the White House, not spying on the Trump campaign, and to our knowledge all of the data they used was nonprivate DNS data from before Trump took office.”In a statement, a spokesperson for Mr. Joffe said that “contrary to the allegations in this recent filing,” he was apolitical, did not work for any political party, and had lawful access under a contract to work with others to analyze DNS data — including from the White House — for the purpose of hunting for security breaches or threats.After Russians hacked networks for the White House and Democrats in 2015 and 2016, it went on, the cybersecurity researchers were “deeply concerned” to find data suggesting Russian-made YotaPhones were in proximity to the Trump campaign and the White House, so “prepared a report of their findings, which was subsequently shared with the C.I.A.”A spokesman for Mr. Durham declined to comment.Mr. Durham was assigned by the attorney general at the time, William P. Barr, to scour the Russia investigation for wrongdoing in May 2019 as Mr. Trump escalated his claims that he was the victim of a “deep state” conspiracy. But after nearly three years, he has not developed any cases against high-level government officials.Instead, Mr. Durham has developed two cases against people associated with outside efforts to understand Russia’s election interference that put forward unproven, and sometimes thin or subsequently disproved, suspicions about purported links to Mr. Trump or his campaign.Both cases are narrow — accusations of making false statements. One of those cases is against Mr. Sussmann, whom Mr. Durham has accused of lying during a September 2016 meeting with an F.B.I. official about Mr. Trump’s possible links to Russia.(Mr. Durham says Mr. Sussmann falsely said he had no clients, but was there on behalf of both the Clinton campaign and Mr. Joffe. Mr. Sussman denies ever saying that, while maintaining he was only there on behalf of Mr. Joffe — not the campaign.)Both Mr. Sussmann’s September 2016 meeting with the F.B.I. and the February 2017 meeting with the C.I.A. centered upon suspicions developed by cybersecurity researchers who specialize in sifting DNS data in search of hacking, botnets and other threats.A military research organization had asked Georgia Tech researchers to help scrutinize a 2015 Russian malware attack on the White House’s network. After it emerged that Russia had hacked Democrats, they began hunting for signs of other Russian activity targeting people or organizations related to the election, using data provided by Neustar.Mr. Sussmann’s meeting with the F.B.I. involved odd data the researchers said might indicate communications between the Trump Organization and Alfa Bank, a Kremlin-linked institution. The F.B.I. dismissed suspicions of a secret communications channel as unfounded. In the indictment of Mr. Sussmann, Mr. Durham insinuated that the researchers did not believe what they were saying. But lawyers for the researchers said that was false and that their clients believed their analysis.The meeting with the C.I.A. involved odd data the researchers said indicated there had been communications with Yota servers in Russia coming from networks serving the White House; Trump Tower; Mr. Trump’s Central Park West apartment building; and Spectrum Health, a Michigan hospital company that also played a role in the Alfa Bank matter. The researchers also collaborated on that issue, according to Ms. Westby and Mr. Rasch, and Mr. Dagon had prepared a “white paper” explaining the analysis, which Mr. Sussmann later took to the C.I.A.Mr. Durham’s filing also cast doubt on the researchers’ suggestion that interactions between devices in the United States and Yota servers were inherently suspicious, saying that there were more than three million such DNS logs from 2014 to 2017 — and that such logs from the White House dated back at least that long.But Ms. Westby and Mr. Rasch reiterated that YotaPhones are extremely rare in the United States and portrayed three million DNS logs over three years as “paltry and small relative to the billions and billions” of logs associated with common devices like iPhones.“Yota lookups are extremely concerning if they emanate from sensitive networks that require protection, such as government networks or people running for federal office,” they said. More

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      Surprise! There’s No Voter Fraud. Again.

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      For those who spend their days operating within the constraints of empirical reality, the long-running voter-fraud scam peddled by right-wing con artists poses a dilemma: Respond to their claims and give them the veneer of legitimacy they crave. Ignore them, and risk letting transparent lies spread unchecked.I used to err on the side of responding as often as possible, in the belief that persistent fact-checking and debunking was the best way to inoculate the American public against a virulent campaign of deception. But it became clear to me, probably later than it should have, that this was always a fool’s game. The professional vote-fraud crusaders are not in the fact business. While they pretend to care about real election crimes, their purpose is not to identify whether voters are actually committing such crimes; it is to concoct a world in which the votes of certain people (and it always seems to be the same people) are presumptively invalid. That’s why they are not chastened by data demonstrating — again and again and again and again — that there is essentially no voter fraud anywhere in this country.Thanks to their efforts, about three quarters of Republicans believe the 2020 election was stolen, and they won’t be convinced by evidence to the contrary.That evidence continues to grow. Earlier this week The Associated Press released an impressively thorough report examining every potential case of voter fraud in six decisive battleground states — Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin — where Donald Trump and his allies challenged the result in 2020. Voters in these six states cast a combined 25.5 million votes for president last year, and chose Joe Biden over Mr. Trump by 311,257 votes. The total number of possible cases of fraud the A.P. found? Fewer than 475, or 0.15 percent of Mr. Biden’s margin of victory in those states.Many of those cases the A.P. identified turned out not to be fraud at all. Some involved a poll worker’s error or a voter’s innocent confusion, such as the Trump supporter in Wisconsin who mistakenly thought he could vote while on parole. (“The guy upstairs knows what I did,” the man said after a court appearance. “I didn’t have any intention to commit election fraud.”)In the few instances of clear fraud — for example, a Pennsylvania man who cast two ballots, one for himself and, later in disguise, one for his son — local authorities were quick to act. In Arizona, officials investigated 198 cases of potential fraud, most involving double-voting. They invalidated virtually all of the second votes and have so far charged nine people with voting fraud crimes.That’s the thing about voter fraud: Not only is it rare, it’s generally easy to catch, especially if it happens on a larger scale. In 2019, North Carolina officials ordered a do-over of a congressional election after the winning candidate’s campaign was found to have financed an illegal voter-turnout effort. That candidate was a Republican, as were two of three residents of the Villages, a Florida retirement community, who were arrested and charged with double voting in the 2020 election earlier this month. (The third had no party affiliation.)Given how much Republicans bang on about the dangers of voter fraud, a little schadenfreude is in order here. But it misses the bigger point: To the extent there is any fraud, it is almost entirely an individual phenomenon. The A.P. report confirmed this, finding no evidence anywhere of a coordinated effort to commit voter fraud. That’s no surprise. Committing a single case of fraud is hard enough; doing so as part of a conspiracy is essentially impossible, once you consider how many people would need to be in on the scheme. “It’s a staggeringly inefficient way to affect an outcome,” said David Daley, the author of “Unrigged: How Americans Are Battling Back to Save Democracy.” “It simply doesn’t work.”To sum up once more for the folks in the cheap seats: Voter fraud is vanishingly rare. It is virtually never coordinated. And when it does happen, it is often easily discovered and prosecuted by authorities.I hold no illusions that any of these truths will matter to those who have invested themselves in tales of widespread fraud. After all, they weren’t moved when both Republican and Democratic officials in states around the country reaffirmed, in some cases multiple times, the accuracy and integrity of their vote counts. Even Bill Barr, the former attorney general and one of Mr. Trump’s most reliable bootlickers, could not bring himself to repeat the lie that there was any meaningful fraud in 2020.Alas, Republican voters don’t listen to Bill Barr. They listen to Donald Trump, who dismissed the A.P.’s report by doing his standard Mafia don impression. “I just don’t think you should make a fool out of yourself by saying 400 votes,” the former president told the news organization, insisting that the true number of fraudulent votes in 2020 was in the “hundreds of thousands.” His evidence? An unreleased report by a source he refused to name.This is how it goes with the vote-fraud fraudsters. The damning evidence is always right around the next corner, or the one after that. Recall that Mr. Trump established a voter-fraud commission soon after he entered office, with the goal of rooting out the supposedly massive fraud that led him to lose the popular vote by nearly three million votes. (Like everyone else, he knew that true democratic legitimacy comes not from the Electoral College, but from a majority of the American people.) The commission was led by Kris Kobach, the indefatigable vote-fraud warrior whom Mr. Daley once called “an Inspector Clouseau who gazes into his mirror and sees Sherlock Holmes.” In Mr. Kobach’s previous job as Kansas’s secretary of state, he spent years hunting for widespread vote fraud and won only nine convictions, most of them of older Republican men who had double voted. Under Mr. Kobach’s leadership, the Trump voter-fraud commission disbanded after less than a year of chaos and controversy, without having made any findings.That’s because, as the A.P. report affirms once again, there was nothing to find. American voters aren’t cheating, and certainly not in any coordinated way.And here lies the deepest irony of this strange, fragile moment we are living in. A very real threat is, in fact, looming over America’s electoral integrity. But it’s not coming from voters; it’s coming from the people braying the loudest about the importance of election integrity.Donald Trump turned fact-free charges of voter fraud into an art form, but the exploitation of the predictable public fear generated by that sort of rhetoric has been a central feature of the Republican playbook for years. Back in 2013, the then-North Carolina lawmaker Thom Tillis explained why Republicans in the Legislature were passing their strict voter-ID law. “There is some evidence of voter fraud, but that’s not the primary reason for doing this,” said Mr. Tillis, now a U.S. senator. “There are a lot of people who are just concerned with the potential risk of fraud.” Why are they so concerned? Because their leaders have been feeding them a steady diet of lies.That diet became an all-you-can-eat buffet in the Trump years, culminating in the “Stop the Steal” rallies after the 2020 election and then, horrifically, in the Jan. 6 riot at the U.S. Capitol. Now the same people who subscribed to the lies about election fraud are running for, and often winning, jobs overseeing the running of elections across the country. They are representative of a new generation of Republicans, raised in the fever swamps of Fox News and other purveyors of disinformation, who believe elections are valid only when their candidate wins.The goal of the voter-fraud brigade, it turns out, was never to identify fraud that might have happened in the past; it was to indoctrinate voters with the terror of stolen elections, and to pave the way for a hostile takeover of American democracy in the future.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      New Details of Trump Pressure on Justice Dept. Over Election

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      A Senate panel fleshed out how Donald Trump pursued his plan to install a loyalist as acting attorney general to pursue unfounded reports of fraud.WASHINGTON — Even by the standards of President Donald J. Trump, it was an extraordinary Oval Office showdown. On the agenda was Mr. Trump’s desire to install a loyalist as acting attorney general to carry out his demands for more aggressive investigations into his unfounded claims of election fraud.On the other side during that meeting on the evening of Jan. 3 were the top leaders of the Justice Department, who warned Mr. Trump that they and other senior officials would resign en masse if he followed through. They received immediate support from another key participant: Pat A. Cipollone, the White House counsel. According to others at the meeting, Mr. Cipollone indicated that he and his top deputy, Patrick F. Philbin, would also step down if Mr. Trump acted on his plan.Mr. Trump’s proposed plan, Mr. Cipollone argued, would be a “murder-suicide pact,” one participant recalled. Only near the end of the nearly three-hour meeting did Mr. Trump relent and agree to drop his threat.Mr. Cipollone’s stand that night is among the new details contained in a lengthy interim report prepared by the Senate Judiciary Committee about Mr. Trump’s efforts to pressure the Justice Department to do his bidding in the chaotic final weeks of his presidency.The report draws on documents, emails and testimony from three top Justice Department officials, including the acting attorney general for Mr. Trump’s last month in office, Jeffrey A. Rosen; the acting deputy attorney general, Richard P. Donoghue, and Byung J. Pak, who until early January was U.S. attorney in Atlanta. It provides the most complete account yet of Mr. Trump’s efforts to push the department to validate election fraud claims that had been disproved by the F.B.I. and state investigators.The interim report, released publicly on Thursday, describes how Justice Department officials scrambled to stave off a series of events during a period when Mr. Trump was getting advice about blocking certification of the election from a lawyer he had first seen on television and the president’s actions were so unsettling that his top general and the House speaker discussed the nuclear chain of command.“This report shows the American people just how close we came to a constitutional crisis,” Richard J. Durbin, Democrat of Illinois and chair of the Senate Judiciary Committee, said in a statement. “Thanks to a number of upstanding Americans in the Department of Justice, Donald Trump was unable to bend the department to his will. But it was not due to a lack of effort.”Mr. Durbin said that he believes the former president, who remains a front-runner for the Republican nomination in 2024, would have “shredded the Constitution to stay in power.”The report by Mr. Durbin’s committee hews closely to previous accounts of the final days of the Trump administration, which led multiple Congressional panels and the Justice Department’s watchdog to open investigations.But, drawing in particular on interviews with Mr. Rosen and Mr. Donoghue, both of whom were at the Jan. 3 Oval Office meeting, it brings to light new details that underscore the intensity and relentlessness with which Mr. Trump pursued his goal of upending the election, and the role that key government officials played in his efforts.The report fleshes out the role of Jeffrey Clark, a little-known Justice Department official who participated in multiple conversations with Mr. Trump about how to upend the election and who pushed his superiors to send Georgia officials a letter that falsely claimed the Justice Department had identified “significant concerns that may have impacted the outcome of the election.” Mr. Trump was weighing whether to replace Mr. Rosen with Mr. Clark. Of particular note was a Jan. 2 confrontation during which Mr. Clark seemed to both threaten and coerce Mr. Rosen to send the letter. He first raised the prospect that Mr. Trump could fire Mr. Rosen, and then said that he would decline any offer to replace Mr. Rosen as acting attorney general if Mr. Rosen sent the letter. Mr. Clark also revealed during that meeting that he had secretly conducted a witness interview with someone in Georgia in connection with election fraud allegations that had already been disproved.The report raised fresh questions about what role Representative Scott Perry, Republican of Pennsylvania, played in the White House effort to pressure the Justice Department to help upend the election. Mr. Perry called Mr. Donoghue to pressure him into investigating debunked election fraud allegations that had been made in Pennsylvania, the report said, and he complained to Mr. Donoghue that the Justice Department was not doing enough to look into such claims. Mr. Clark, the report said, also told officials that he had participated in the White House’s efforts at Mr. Perry’s request, and that the lawmaker took him to a meeting at the Oval Office to discuss voter fraud. That meeting occurred at around the same time that Mr. Perry and members of the conservative House Freedom Caucus met at the White House to discuss the Jan. 6 certification of the election results.The report confirmed that Mr. Trump was the reason that Mr. Pak hastily left his role as U.S. attorney in Atlanta, an area that Mr. Trump wrongly told people he had won. Mr. Trump told top Justice Department officials that Mr. Pak was a never-Trumper, and he blamed Mr. Pak for the F.B.I.’s failure to find evidence of mass election fraud there. During the Jan. 3 fight in the Oval Office, Mr. Donoghue and others tried to convince Mr. Trump not to fire Mr. Pak, as he planned to resign in just a few days. But Mr. Trump made it clear to the officials that Mr. Pak was to leave the following day, leading Mr. Donoghue to phone him that evening and tell him he should pre-emptively resign. Mr. Trump also went outside the normal line of succession to push for a perceived loyalist, Bobby L. Christine, to run the Atlanta office. Mr. Christine had been the U.S. attorney in Savannah, and had donated to Mr. Trump’s campaign.The report is not the Senate Judiciary Committee’s final word on the pressure campaign that was waged between Dec. 14, when Attorney General William P. Barr announced his resignation, and Jan. 6, when throngs of Mr. Trump’s supporters fought to block certification of the election.The panel is still waiting for the National Archives to furnish documents, calendar appointments and communications involving the White House that concern efforts to subvert the election. It asked the National Archives, which stores correspondence and documents generated by previous presidential administrations, for the records this spring.It is also waiting to see whether Mr. Clark will sit for an interview and help provide missing details about what was happening inside the White House during the Trump administration’s final weeks. Additionally, the committee has asked the District of Columbia Bar, which licenses and disciplines attorneys, to open a disciplinary investigation into Mr. Clark based on its findings.The report recommended that the Justice Department tighten procedures concerning when it can take certain overt steps in election-related fraud investigations. As attorney general, the report said, Mr. Barr weakened the department’s decades-long strict policy of not taking investigative steps in fraud cases until after an election is certified, a measure that is meant to keep the fact of a federal investigation from impacting the election outcome.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      Mueller Scrutinized an Unidentified Member of News Media in Russia Inquiry

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      The scrutiny was one of several new disclosures the Justice Department made about investigative actions involving the news media during the Trump years.WASHINGTON — The special counsel who investigated Russia’s 2016 election interference, Robert S. Mueller III, scrutinized “a member of the news media suspected of participating in the conspiracy” to hack Democrats and make their emails public, the Justice Department disclosed on Wednesday.The deputy attorney general at the time, Rod J. Rosenstein, who was overseeing the Russia investigation, approved a subpoena in 2018 for the unnamed person’s phone and email records. He also approved seeking a voluntary interview with that person and then issuing a subpoena to force the person to testify before a grand jury, the department said.“All of this information was necessary to further the investigation of whether the member of the news media was involved in the conspiracy to unlawfully obtain and utilize the information from the hacked political party or other victims,” the department said.No member of the news media was charged with conspiring in the hack-and-dump operation, and the disclosure on Wednesday left many questions unanswered.It did not say why the person was suspected of participating in a conspiracy to interfere with the 2016 election, or whether that person ever testified before a grand jury.Nor did it define “member of the news media” to clarify whether that narrowly meant a traditional journalist or could broadly extend to various types of commentators on current events. (For example, it has been known since September 2018 that Jerome Corsi, a conspiracy theorist and political commentator, was subpoenaed that year.)A Justice Department spokesman declined to provide further clarity, and several former law enforcement officials who were familiar with the Mueller investigation did not respond to requests for information.The disclosure of the scrutiny of a member of the news media was contained in a revision to a report issued by the Trump administration about investigative activities that affected or involved the news media in 2018. The Trump-era version of that report had omitted the episode.The Justice Department under President Biden also issued reports on Wednesday covering such investigative activities in 2019, which the Trump-era department failed to issue, and in 2020. And it provided new details about leak investigations at the end of the Trump administration that sought records for reporters with CNN, The Washington Post and The New York Times.The report for 2019 disclosed another investigative matter apparently related to the special counsel’s office, which by then had issued its final report and closed down. During the prosecution of one of the people who was charged with “obstructing the investigation into Russian interference in the 2016 presidential election,” a U.S. attorney authorized subpoenaing an unnamed member of the news media for testimony, and that person agreed to comply.Prosecutors, however, ultimately did not call that person to testify at the trial. The report did not say whether any subpoena was issued, or whether obtaining one was merely approved. Nor did it say what the person would have testified about.It also did not say whether it was referring to the trial of Roger J. Stone Jr., Mr. Trump’s longtime friend, which took place in 2019. Mr. Stone was charged, among other things, with obstructing one of Congress’s Russia investigations; he was convicted, but then pardoned by Mr. Trump.The 2019 report also glancingly discussed two previously unknown episodes in which the Justice Department investigated members of the news media for “offenses arising from news gathering activities” without saying what those allegations were.One section of the report briefly discussed an investigation into one member of the news media for such offenses. It said the attorney general had authorized prosecutors to use various legal tools to force companies to turn over communications and business records about the target. (The report did not name the attorney general; President Donald J. Trump appointed William P. Barr to the post in February 2019.)In that case, the report said, investigators used a “filter team” in an effort “to minimize the review of news media-related materials and safeguard any such materials.”Another section of the 2019 report discussed an investigation into “employees of a news media entity” for such offenses. It said the attorney general had authorized investigators to conduct voluntary interviews of “two members of the news media employed by a media entity” in connection with the matter, but provided no further details.In contrast to those sparse accounts, the Justice Department also released a detailed timeline of the leak investigations late in the Trump era into sources for reporters with CNN, The Post and The Times, all of which spilled over into the Mr. Biden’s presidency and which the Biden administration disclosed earlier this year.The leak investigations involving CNN, The Times and The Post were opened in August 2017, both involving stories published or aired in preceding months. The chronology did not explain why three years later, there was a sudden urgency to go after the reporters’ communications records.Mr. Barr approved requests to try to obtain a CNN reporter’s communications records in May 2020, the chronology shows. He approved going after the Times reporters’ materials in September 2020. And on Nov. 13, after Mr. Trump lost the presidential election, Mr. Barr approved a request to try to obtain the Post reporters’ communications records.The Justice Department successfully obtained call data — records showing who called whom and when, but not what was said — for the reporters at the three organizations. The chronology said the phone companies had been legally free to reveal that they had received subpoenas, although none did.While the department ultimately obtained some email records for a CNN reporter, Barbara Starr, it did not succeed in getting email records for the Times and Post reporters whose stories were under scrutiny. The Biden-era department ultimately dropped those efforts.Still, the fight over those materials — including the imposition of gag orders on some news media executives, and a delay in notifying the reporters that their materials had been sought and in some cases obtained — spilled over into the Biden administration. The chronology showed that in April Attorney General Merrick B. Garland approved extending a delay in notifying Ms. Starr about the matter.In July, at the direction of Mr. Biden, Mr. Garland barred prosecutors and F.B.I. agents from using subpoenas, search warrants and other tools of legal compulsion to go after reporters’ communications records or force them to testify about confidential sources — a major change in Justice Department policy from practices under recent previous administrations of both parties.At the request of Mr. Garland — who also ordered the production of the timelines — the Justice Department inspector general has opened an investigation into the decision by federal prosecutors to secretly seize the data of reporters, as well as communications records of House Democrats and staff members swept up in leak investigations. More

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      Meadows Pressed Justice Dept. to Investigate Election Fraud Claims

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      Emails show the increasingly urgent efforts by President Trump and his allies during his last days in office to find some way to undermine, or even nullify, the election results.WASHINGTON — In Donald J. Trump’s final weeks in office, Mark Meadows, his chief of staff, repeatedly pushed the Justice Department to investigate unfounded conspiracy theories about the 2020 presidential election, according to newly uncovered emails provided to Congress, portions of which were reviewed by The New York Times.In five emails sent during the last week of December and early January, Mr. Meadows asked Jeffrey A. Rosen, then the acting attorney general, to examine debunked claims of election fraud in New Mexico and an array of baseless conspiracies that held that Mr. Trump had been the actual victor. That included a fantastical theory that people in Italy had used military technology and satellites to remotely tamper with voting machines in the United States and switch votes for Mr. Trump to votes for Joseph R. Biden Jr.None of the emails show Mr. Rosen agreeing to open the investigations suggested by Mr. Meadows, and former officials and people close to him said that he did not do so. An email to another Justice Department official indicated that Mr. Rosen had refused to broker a meeting between the F.B.I. and a man who had posted videos online promoting the Italy conspiracy theory, known as Italygate.But the communications between Mr. Meadows and Mr. Rosen, which have not previously been reported, show the increasingly urgent efforts by Mr. Trump and his allies during his last days in office to find some way to undermine, or even nullify, the election results while he still had control of the government.Mr. Trump chose Mr. Meadows, an ultraconservative congressman from North Carolina, to serve as his fourth and final chief of staff last March. A founder of the hard-right Freedom Caucus, Mr. Meadows was among Mr. Trump’s most loyal and vocal defenders on Capitol Hill, and had been a fierce critic of the Russia investigation.Mr. Meadows’s involvement in the former president’s attack on the election results was broadly known at the time.In the days before Christmas, as Mr. Trump pressed the lead investigator for Georgia’s secretary of state to find “dishonesty,” Mr. Meadows made a surprise visit to Cobb County, Ga., to view an election audit in process. Local officials called it a stunt that “smelled of desperation,” as investigations had not found evidence of widespread fraud.Mr. Meadows also joined the phone call that Mr. Trump made on Jan. 2 to Brad Raffensperger, Georgia’s Republican secretary of state, in which Mr. Trump repeatedly urged the state’s top elections official to alter the outcome of the presidential vote.Yet the newly unearthed messages show how Mr. Meadows’s private efforts veered into the realm of the outlandish, and sought official validation for misinformation that was circulating rampantly among Mr. Trump’s supporters. Italygate was among several unfounded conspiracy theories surrounding the 2020 elections that caught fire on the internet before the Jan. 6 assault on the Capitol by a pro-Trump mob. Those theories fueled the belief among many of the rioters, stoked by Mr. Trump, that the election had been stolen from him and have prompted several Republican-led states to pass or propose new barriers to voting.The emails were discovered this year as part of a Senate Judiciary Committee investigation into whether Justice Department officials were involved in efforts to reverse Mr. Trump’s election loss.“This new evidence underscores the depths of the White House’s efforts to co-opt the department and influence the electoral vote certification,” Senator Richard J. Durbin, Democrat of Illinois and the chairman of the committee, said in a statement. “I will demand all evidence of Trump’s efforts to weaponize the Justice Department in his election subversion scheme.”A spokesman for Mr. Meadows declined to comment, as did the Justice Department. Mr. Rosen did not respond to a request for comment.The requests by Mr. Meadows reflect Mr. Trump’s belief that he could use the Justice Department to advance his personal agenda.On Dec. 15, the day after it was announced that Mr. Rosen would serve as acting attorney general, Mr. Trump summoned him to the Oval Office to push the Justice Department to support lawsuits that sought to overturn his election loss. Mr. Trump also urged Mr. Rosen to appoint a special counsel to investigate Dominion Voting Systems, an election technology company.During the weeks leading up to the Jan. 6 attack, Mr. Trump continued to push Mr. Rosen to do more to help him undermine the election and even considered replacing him as acting attorney general with a Justice Department official who seemed more amenable to using the department to violate the Constitution and change the election result.None of the emails show Jeffrey Rosen, then the acting attorney general, agreeing to open investigations suggested by Mr. Meadows, and former officials and people close to him said that he did not do so.Ting Shen for The New York TimesThroughout those weeks, Mr. Rosen privately told Mr. Trump that he would prefer not to take those actions, reiterating a public statement made by his predecessor, William P. Barr, that the Justice Department had “not seen fraud on a scale that could have effected a different outcome in the election.”Mr. Meadows’s outreach to Mr. Rosen was audacious in part because it violated longstanding guidelines that essentially forbid almost all White House personnel, including the chief of staff, from contacting the Justice Department about investigations or other enforcement actions.“The Justice Department’s enforcement mechanisms should not be used for political purpose or for the personal benefit of the president. That’s the key idea that gave rise to these policies,” said W. Neil Eggleston, who served as President Barack Obama’s White House counsel. “If the White House is involved in an investigation, there is at least a sense that there is a political angle to it.”Nevertheless, Mr. Meadows emailed Mr. Rosen multiple times in the end of December and on New Year’s Day.On Jan. 1, Mr. Meadows wrote that he wanted the Justice Department to open an investigation into a discredited theory, pushed by the Trump campaign, that anomalies with signature matches in Georgia’s Fulton County had been widespread enough to change the results in Mr. Trump’s favor.Mr. Meadows had previously forwarded Mr. Rosen an email about possible fraud in Georgia that had been written by Cleta Mitchell, a lawyer who worked with the Trump campaign. Two days after that email was sent to Mr. Rosen, Ms. Mitchell participated in the Jan. 2 phone call, during which she and Mr. Trump pushed Mr. Raffensperger to reconsider his findings that there had not been widespread voter fraud and that Mr. Biden had won. During the call, Mr. Trump asked Mr. Raffensperger to “find” him the votes necessary to declare victory in Georgia.Mr. Meadows also sent Mr. Rosen a list of allegations of possible election wrongdoing in New Mexico, a state that Mr. Trump’s personal lawyer Rudolph W. Giuliani had said in November was rife with fraud. A spokesman for New Mexico’s secretary of state said at the time that its elections were secure. To confirm the accuracy of the vote, auditors in the state hand-counted random precincts.And in his request that the Justice Department investigate the Italy conspiracy theory, Mr. Meadows sent Mr. Rosen a YouTube link to a video of Brad Johnson, a former C.I.A. employee who had been pushing the theory in videos and statements that he posted online. After receiving the video, Mr. Rosen said in an email to another Justice Department official that he had been asked to set up a meeting between Mr. Johnson and the F.B.I., had refused, and had then been asked to reconsider.The Senate Judiciary Committee is one of three entities looking into aspects of the White House’s efforts to overturn the election in the waning days of the Trump administration. The House Oversight Committee and the Justice Department’s inspector general are doing so as well.Mr. Rosen is in talks with the oversight panel about speaking with investigators about any pressure the Justice Department faced to investigate election fraud, as well as the department’s response to the Jan. 6 attack, according to people familiar with the investigation.He is also negotiating with the Justice Department about what he can disclose to Congress and to the inspector general given his obligation to protect the department’s interests and not interfere with current investigations, according to a person familiar with the discussions. Mr. Rosen said last month during a hearing before the oversight committee that he could not answer several questions because the department did not permit him to discuss issues covered by executive privilege.Mr. Durbin opened his inquiry in response to a Times article documenting how Jeffrey Clark, a top Justice Department official who had found favor with Mr. Trump, had pushed the Justice Department to investigate unfounded election fraud claims. The effort almost ended in Mr. Rosen’s ouster.Last month, Mr. Durbin asked the National Archives for any communications involving White House officials, and between the White House and any person at the Justice Department, concerning efforts to subvert the election, according to a letter obtained by The Times. He also asked for records related to meetings between White House and department employees.The National Archives stores correspondence and documents generated by past administrations. More

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      Justice Dept. Fights to Keep Secret a Memo on Clearing Trump in Russia Inquiry

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      The move put the Biden administration in the position of defending the secrecy of a memo related to the disputed decision to clear President Donald J. Trump.WASHINGTON — The Biden administration has decided to fight a legal battle to keep secret most of a Trump-era Justice Department memo related to Attorney General William P. Barr’s much-disputed declaration in 2019 that cleared President Donald J. Trump of illegally obstructing justice in the Russia investigation.In a late-night filing on Monday, the Justice Department appealed part of a scathing district court ruling that ordered it to make public the entire memo. Two senior department officials wrote the document at the same time that they were helping Mr. Barr draft a letter to Congress claiming that the evidence in the report, which was still secret at the time, was insufficient to charge Mr. Trump with a crime.The still-redacted portion of the document examines nearly a dozen episodes presented as raising obstruction of justice concerns that were detailed in the report by the special counsel, Robert S. Mueller III, and has at least two sections, according to two people briefed on it.One laid out potential legal theories under which Mr. Trump could have been prosecuted, the people said. The other examined whether the evidence for any of the episodes constituted proof beyond a reasonable doubt. The memo is said to conclude that no charge was viable.The decision to keep hiding that analysis from public scrutiny puts the Biden administration in the politically awkward position of trying to cover up a record that would shed new light on an act by Mr. Barr that Democrats consider notorious. But it also enables the department to defend two institutional interests: its ability to keep internal legal analysis secret and the actions of career officials whom a judge accused of misleading the court.The Justice Department did release the first page and a half of the nine-page memo. While Mr. Mueller had declined to render a judgment about whether to prosecute Mr. Trump because the department’s policy was not to charge a sitting president, the memo said that Mr. Barr should offer his opinion of the evidence to shape public understanding of the report.“Although the special counsel recognized the unfairness of levying an accusation against the president without bringing criminal charges, the report’s failure to take a position on the matters described therein might be read to imply such an accusation if the confidential report were released to the public,” wrote Steven A. Engel and Edward C. O’Callaghan, two senior Justice Department officials during the Trump administration.The department also consented to releasing additional portions of the ruling this month by Judge Amy Berman Jackson, in which she had labeled its previous filings to her about the memo as “disingenuous.” Portions of her ruling that discussed the first part of the memo had been redacted.The court on Tuesday unsealed a more fulsome version of the ruling. It revealed that Judge Jackson had also accused the department of having “deliberately obscured” material in the memo that contradicted the notion that Mr. Barr needed to offer a public opinion about the prosecutorial merit of the evidence amassed by Mr. Mueller. The exercise, she said, was instead “purely hypothetical” and fundamentally about “getting a jump on public relations.”Noting that she had discovered the existence of this first part of the memo only after she insisted on reading it for herself rather than relying on the department’s representations about it, Judge Jackson also wrote: “D.O.J. made a strategic decision to pretend as if the first portion of the memorandum was not there and to avoid acknowledging that what the writers were actually discussing was how to neutralize the impact of the report in the court of public opinion.”The new Justice Department filing apologized for — but also defended — its Barr-era assertions to the court about the memo. It said that department officials could have been clearer, but that they were nevertheless accurate on the central legal question: whether the nature of the memo was pre-decisional and deliberative and thus exempt from disclosure. Any missteps, it argued, did not warrant releasing the entire document.Mr. Barr’s claim that the evidence did not show that Mr. Trump had committed any chargeable crime of obstruction has been widely criticized as deeply misleading. Among other fallout, a government watchdog group, CREW, filed a Freedom of Information Act lawsuit in the United States District Court in Washington seeking disclosure materials about the matter, leading to the fight over the memo.The Mueller report itself — which Mr. Barr permitted to become public weeks after his letter to Congress created an impression that the fruits of the inquiry had cleared Mr. Trump of obstruction — detailed several actions by Mr. Trump that many legal specialists say were sufficient to ask a grand jury to indict him on charges of obstruction of justice.Those actions included Mr. Trump’s attempt to bully his White House counsel, Donald F. McGahn II, into putting out a statement or writing a memo that would falsely deny that the president had directed him to fire Mr. Mueller — effectively falsifying evidence that would have contradicted Mr. McGahn’s witness testimony about that event.Mr. McGahn, who refused to relay directions to remove Mr. Mueller and to later falsely deny that episode, according to the Mueller report, will privately testify next week before the House Judiciary Committee about such matters.Mr. Trump’s actions also included dangling a potential pardon to his former campaign chairman, Paul Manafort, to encourage him not to cooperate with investigators.Mr. Trump later pardoned Mr. Manafort, who had refused to cooperate with Mr. Mueller about certain key matters.Testifying before the Senate Judiciary Committee in May 2019, Mr. Barr offered some explanations for why he did not think charges were merited for a few of the 10 episodes that the Mueller report had recounted as raising obstruction concerns. One of the people said that testimony drew upon and dovetailed with the still-hidden portions of the memo.“We took each of the 10 episodes, and we assessed them against the analytical framework that had been set forth by the special counsel,” Mr. Barr said at the time. “And we concluded that the evidence developed during the special counsel’s investigation was not sufficient to establish that the president committed an obstruction of justice offense.”For example, several episodes centered on Mr. Trump’s use, or attempted use, of his power to remove subordinate officials in the executive branch. They included his firing in 2017 of the F.BI. director James B. Comey Jr. — the act that led to Mr. Mueller’s appointment — and his unsuccessful efforts to persuade subordinates to have Mr. Mueller fired.Mr. Barr testified that “as a matter of law,” the obstruction statutes enacted by Congress did not limit the president’s power to remove a special counsel.That view, which is contested, comports with his own sweeping theory of presidential power. Still, in the deliberations, department officials also focused on the lack of historical precedent for prosecuting a current or former president for firing a subordinate, the two people said.In his testimony, Mr. Barr also maintained that the evidence was insufficient to prove that Mr. Trump had deliberately sought to criminally obstruct the investigation, apart from legal theories.For example, Mr. Barr said, a major reason that Mr. Trump fired Mr. Comey was his “refusal to tell the public what he was privately telling the president, which was that the president was not under investigation.” Mr. Trump’s rationale for trying to fire Mr. Mueller was a purported conflict of interest, and had Mr. Trump succeeded, Mr. Barr said, a replacement would “presumably” have been appointed.But the Trump Justice Department never made public its comprehensive analysis of all the episodes the Mueller report laid out. That is the analysis the Biden administration is seeking to keep secret.Judge Jackson had given the department until Monday night to respond to her order to disclose the memo — and, by extension, her finding that officials had been “disingenuous to this court” about its nature in court filings by arguing that it could be lawfully kept secret.In addition to officials omitting the existence of the first part of the memo in descriptions of it that were submitted to her, Judge Jackson also blasted the characterization of the document as pre-decisional. Mr. Barr, she wrote, had already decided not to initiate any prosecution of Mr. Trump when the memo was written, and it was instead about strategy and arguments that could be mustered to support that decision.In its filing, the Biden Justice Department said that the previous filings “could have been clearer, and it deeply regrets the confusion that caused.” But it also insisted that the department’s “declarations and briefs were accurate and submitted in good faith.”The department also put forward a narrow view of the problems with its previous statements about the memo, focusing on imprecision about whether Mr. Barr had been considering whether to commence a prosecution of Mr. Trump at that moment — as it had suggested in some places — or whether he was opining on whether Mr. Trump could be charged after he left office.Although Mr. Engel and Mr. O’Callaghan completed the memo after Mr. Barr had decided to say the evidence would not support obstruction charges, the department argued that the legal analysis portion of the memo memorialized advice they had provided before Mr. Barr made that decision.“The government acknowledges that its briefs could have been clearer, and it deeply regrets the confusion that caused,” the Biden Justice Department’s filing said. “But the government’s counsel and declarants did not intend to mislead the court, and the government respectfully submits” that any missteps still did not warrant releasing the entire memo.Katie Benner More

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      Justice Dept. Aims to Keep Secret Part of Barr-Era Memo on Trump

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      The Biden administration has decided to fight to keep secret most of a Trump-era Justice Department memo related to former Attorney General William P. Barr’s much-disputed declaration in 2019 clearing President Donald J. Trump of illegally obstructing justice in the Russia investigation.In a late-night filing Monday, the Justice Department appealed part of a district-court ruling that ordered it to make public the entire memo. It was written at the same time that Mr. Barr sent a letter to Congress claiming the evidence in the then-still secret report by the special counsel, Robert S. Mueller III, was insufficient to charge Mr. Trump with a crime.The Justice Department did release the first page and a half of the nine-page memo. While Mr. Mueller had declined to render a judgment about what the evidence added up to because the department’s policy was not to charge a sitting president, the memo said Mr. Barr was justified in making a decision in order to shape public understanding of the report. “Although the special counsel recognized the unfairness of levying an accusation against the president without bringing criminal charges, the report’s failure to take a position on the matters described therein might be read to imply such an accusation if the confidential report were released to the public,” wrote Steven A. Engel and Edward C. O’Callaghan, two senior Trump-era Justice Department officials.The Mueller report itself — which Mr. Barr permitted to become public weeks after his letter to Congress had created an impression that the fruits of Mr. Mueller’s inquiry cleared Mr. Trump of obstruction — detailed multiple actions by Mr. Trump that many legal specialists say were clearly sufficient to ask a grand jury to consider indicting him for obstruction of justice.Those actions included attempting to bully his White House counsel, Donald F. McGahn II, into falsifying a record to cover up an earlier attempt by Mr. Trump to fire Mr. Mueller, and dangling a potential pardon at Mr. Trump’s former campaign chairman, Paul Manafort, to encourage him not to cooperate with investigators.The new Justice Department filing also apologized for and defended its Barr-era court filings about the memo, which Judge Amy Berman Jackson had labeled “disingenuous,” saying that they could have been written more clearly but were nevertheless accurate.“The government acknowledges that its briefs could have been clearer, and it deeply regrets the confusion that caused,” the Justice Department said. “But the government’s counsel and declarants did not intend to mislead the court, and the government respectfully submits” that any missteps still did not warrant releasing the entire memo.Mr. Barr’s claim — which he made weeks before releasing the Mueller public — that the evidence gathered showed that Mr. Trump did not commit a chargeable offense of obstruction has been widely criticized as deeply misleading.Among other fallout, a government watchdog group, CREW, filed a Freedom of Information Act lawsuit in the United States District Court in Washington seeking disclosure of an internal memo about the matter.Earlier this month, Judge Jackson issued a scathing ruling in that case saying that the Barr-era Justice Department had been “disingenuous to this court” about the nature of the memo in court filings by arguing that it could be lawfully kept secret under an exemption for pre-decisional deliberations. She wrote that she had made the discovery after insisting that she read it herself.While the Barr-era Justice Department told her the memo concerned deliberations about whether Mr. Trump should be charged with obstruction, the memo itself showed that Mr. Barr had already decided not to do so, and the memo was instead about strategy and arguments that could be mustered to quash the idea. She ordered the entire document released.The Biden-era Justice Department had until Monday to respond. In its filing, it acknowledged that its earlier filings “could have been clearer, and it deeply regrets the confusion that caused.” But it also insisted that its “declarations and briefs were accurate and submitted in good faith.”The decision that Mr. Barr was actually making, the department said, was about whether to decide whether the evidence was sufficient to charge Mr. Trump someday — not whether he should be charged at that moment, since longstanding department legal policy is to consider sitting presidents temporarily immune from prosecution while they are in office.And, it said, the legal analysis in the second part of the memo — the portion it is appealing to keep secret — was, in fact, pre-decisional, even though the memo was completed after Mr. Barr made his decision, because it memorialized legal advice that department lawyers had previously provided to the attorney general. More