And then — and this is the part that is so disturbing — the prosecutors were ordered, either because of the president’s tweet or irrespective of it (and both scenarios are awful), to rescind their original recommendation and to ask the judge that Stone receive more lenient treatment at his sentencing. What the prosecutors were ordered to do was dangerous and unsettling and undermined everything they — and we — stood for as Justice Department professionals. They properly refused.
We all understand that the leadership at the top of the department is politically appointed, and we make peace with that (in addition to my work as a career federal prosecutor, I served in political positions under Presidents George W. Bush and Barack Obama in the Justice Department and worked for thoughtful appointed leaders of both parties), but being asked by that leadership to allow politics to corrode our work is not remotely normal or permissible. And it is treacherous.
The rule of law is a construct. It was made by people — and is nurtured and preserved by people. It can also be destroyed by people. And unlike the law of gravity, which works everywhere and all the time (at least on this planet), the rule of law is precious and fragile. As citizens and prosecutors, we either safeguard it or we surrender it. That’s the choice. What political leadership did here — mandating a favor for a friend of the president in line with the president’s publicly expressed desire in the case — significantly damages the rule of law and the perception of Justice Department fairness.
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