Liberals are concerned that attorney general nominee William Barr might try to rein in special counsel Robert Mueller’s probe of alleged collusion.
Barr’s responses to a questionnaire about the special counsel probe are full of “red flags,” according to progressives who want the nearly two-year investigation to continue unchecked.
On recusing himself
Democrats were concerned when Barr said at his Senate Judiciary Committee last month hearing that he would not commit to recusing himself, despite writing a memo criticizing Mueller, if asked to do so and would not say whether he would make Mueller’s report public. After the Senate Judiciary Committee grilled him, Barr submitted more than 200 pages of written responses to questions from the committee on January 27 to chairman Lindsey Graham (R-SC) and ranking member Dianne Feinstein (D-CA).
In his written responses, Barr doubled down on leading the Justice Department rather than allowing an unelected investigator to do whatever he wants. Although Barr has assured the Senate that he would rather resign than fire Mueller without cause, many Democrats still have concerns that he would act independently of Mueller rather than take orders from him.
The Democrats asked Barr whether he would relinquish his authority to decide whether to recuse himself to inspire public confidence in the investigation given that Barr criticized Mueller’s probe — which apparently now comprises a “conflict of interest” — and demanded that Barr provide an explanation to Congress if he decides not to recuse himself. In his responses, Barr promised to be “as transparent as possible” but reserved the right to make the final call on recusal. Barr would not commit either to providing lengthy explanations to the House and Senate for exercising his authority.
“If confirmed, I will consult with the Department’s career ethics officials, review the facts, and make a decision regarding my recusal from any matter in good faith based on the facts and applicable law and rules. I believe the ethics review and recusal process established by applicable laws and regulations provides the framework necessary to promote public confidence in the integrity of the Department’s work, and I intend to follow those regulations in good faith,” Barr responded.
“Though I am not familiar with the Department’s policies regarding the disclosure to Congress of ethics advice or recusal decisions, my intent will be to be as transparent as possible while following the Department’s established policies and practices.”
In a response to a question from Senator Mazie Hirono (D-HI), Barr was unambiguous about his authority to, “under the governing regulations…..[make] the final decision on whether to recuse.”
On releasing Mueller’s report
Barr also reiterated in his written answers that he would not commit to making Mueller’s report public. In a response to a question from Sen. Whitehouse on whether Barr would answer a subpoena from Congress to release Mueller’s report, Barr said that the report, like internal documents relating to any criminal investigation, may contain sensitive information and noted that the DOJ “cautions prosecutors to be sensitive to the privacy and reputational interests of uncharged third parties.”
Barr said at his hearing that Mueller’s report would likely remain mostly confidential if Mueller declines to press charges against anyone. However, Barr added in his written answers that “Congress can and does conduct its own investigations, and its right to do so is not precluded by the Department’s decision not to provide certain information about an uncharged individual gathered during the course of a criminal investigation.”
Dems want transparency? Or immunity…
Many Democrats have expressed concern about Barr’s statements on Mueller’s report in the name of transparency. But what they’re looking for is just the opposite; they clearly want to make the special counsel investigation immune to criticism and interference in the name of “accountability.” But after the dramatic pre-dawn raid on Roger Stone’s house, one would think that Mueller needs more accountability, not less.
In a response to Sen. Sheldon Whitehouse (D-RI), Barr was clear that he would not recuse himself without cause, writing, “I do not believe that it is possible to make a recusal decision unless and until I am confirmed and the specific facts and circumstances of any live controversy are known.”
This is a reasonable enough response. Barr hasn’t done anything to warrant his recusal besides criticizing Mueller’s investigation. But the Democrats have already decided that Barr has a “conflict of interest” — all because he criticized Mueller one time.
The Democrats have already made their minds up about Barr and Mueller’s investigation. They’re not looking for transparency; they want the probe to drag on as long as possible, and with minimal accountability.
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