Tuesday, January 15, 2019

How long will Bill Barr last?

Attorney general nominee William Barr told lawmakers Tuesday that President Trump would not be allowed to “correct” special counsel Robert Mueller’s final report on his Russia investigation.

“That will not happen,” Barr said during his confirmation hearing.

[...]

Barr insisted Tuesday he would allow Mueller to complete his investigation and would work to make the findings public in accordance with the law.

Barr also emphasized that he believes the Mueller probe to be in the public interest.

“I believe the Russians interfered, or attempted to interfere, in the election, and I believe we have to get to the bottom of it,” Barr said.

  The Hill
Barr said that while the constitution may allow a president to pardon himself or his family members, but that the president may be held accountable for abuse of power for doing so.

[...]

“Or if it was connected to some act in violating an obstruction statute then it could be obstruction.”

[...]

Barr denied that the president has asked him either to fire or interfere with Mueller's investigation. "I want to try to cut through some of the innuendo here. Did President Trump instruct or ask you once you become attorney general to fire Mr. Mueller?" Sen. John Kennedy (R-La.) asked.

"Absolutely not," Barr replied.

In a follow-up question, Kennedy also asked Barr whether Trump has asked him to interfere in Mueller's probe, to which he again replied: "Absolutely not."

Barr also dismissed similar questions that the White House has made such requests as well.

[...]

Sen. Amy Klobuchar (D-Minn.) asked Barr if it would be "obstruction" for a U.S. president to "knowingly" destroy or alter evidence linked in a criminal case.

The attorney general nominee responded, "Yes."

[...]

Barr, in response to Klobuchar's questions, replied, that it would be obstruction in scenarios where the president persuaded another person to commit perjury or the president sought to "deliberately" impair the integrity or availability of evidence."

He also said he would consider it obstruction if a president or any person convinced a witness to change their testimony.

[...]

In response to Sen. Sheldon Whitehouse (D-R.I.), Barr said Rosenstein told him he viewed the deputy attorney general position as a “two-year stint” and saw his appointment as an opportunity to leave. But Barr said Rosenstein agreed to stay on for some time when he takes the helm of the Justice Department and that there are no concrete plans for him to depart.

“I have no concrete plans, he has no concrete plans,” Barr said.

[...]

“I don’t believe that Mr. Mueller would be involved in a witch hunt,” Barr said.

[...]

Barr assured Sen. Christopher Coons (D-Del.) he would not fire Mueller if the president ordered him to do so without good cause.

[...]

Coons also questioned Barr over what he would do if the president attempted to fire federal prosecutors in the Southern District of New York, who have charged Trump’s former personal attorney Michael Cohen. Trump has been mentioned — but not by name — in court documents in Cohen’s case.

Barr said that he doesn’t believe that firing officials necessarily stops an investigation.

However, he said that “if someone tried to stop a bona fide, lawful investigation to cover up wrongdoing, I would resign.”

  The Hill
Surely somebody asked him about that voluntary memo he wrote against the Mueller investigation. Or perhaps they were satisfied with his opening statement.
Barr used his opening remarks, which were shared in advance of his confirmation hearing, to address questions about how he would oversee the Mueller investigation.

Barr committed to allowing Mueller, who he described as a colleague and friend, to complete his investigation into Russian election interference and would work to make his findings public. He also asserted that the controversial memo he wrote was “narrow in scope” and did not question Mueller’s core investigation.

“If confirmed, I will not permit partisan politics, personal interests, or any other improper consideration to interfere with this or any other investigation,” Barr said. “I will follow the special counsel regulations scrupulously and in good faith, and on my watch, Bob will be allowed to complete his work.”

[...]

“President Trump has sought no assurances, promises, or commitments from me of any kind, either express or implied, and I have not given him any, other than that I would run the department with professionalism and integrity,” Barr said.

[...]

[Minority chair Sen. Dianne Feinstein] said that while she was encouraged by Barr saying that he would allow the Mueller investigation to run its course, she still had concerns about a memo he had written claiming the special counsel’s probe could do “lasting damage” to the presidency.

And Feinstein said that she was also worried about Barr’s stance on the sweeping powers of the executive branch, saying he will have to stand up to Trump’s calls into probes into his political opponents.
...but hey, do what you want...you will anyway.

UPDATE:



UPDATE:



Yeah, critical detail.

If I'm not mistaken though - and I could be - I think the special counsel regulations provide for giving the report to Congress if the special counsel believes the AG is withholding information the special counsel believes is important to the public.


UPDATE:  I'm not mistaken.  Here's Neal Katyal, who wrote the regulations for a special counsel, on the matter.

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