Barr’s special counsel move could tie up successor
WASHINGTON » Outgoing Attorney General William Barr’s decision to appoint a special counsel to investigate the handling of the Russia probe ensures his successor won’t have an easy transition.
The move, which Barr detailed to The Associated Press on Tuesday, could lead to heated confirmation hearings for President-elect Joe Biden’s nominee, who hasn’t been announced. Senate Republicans will likely use that forum to extract a pledge from the pick to commit to an independent investigation.
The pressure on the new attorney general is unlikely to ease once they take office. With the special counsel continuing to work during the early days of the Biden administration, it may be tough for the Justice Department’s new leadership to launch investigations of President Donald Trump and his associates without seeming to be swayed by political considerations.
Barr elevated U.S. Attorney John Durham to special counsel as Trump continues to propel his claims that the Russia investigation that shadowed his presidency
was a “witch hunt.” It’s the latest example of efforts by Trump officials to use the final days of his administration to essentially box Biden in by enacting new rules, regulations and orders designed to cement the president’s legacy.
But the maneuvering over the special counsel is especially significant because it saddles Democrats with an investigation that they’ve derided as tainted. Now there’s little the new administration can do about it.
“From a political perspective, the move is so elegantly lethal that it would make Machiavelli green with envy,” Jonathan Turley,
a professor of public interest law at George Washington University, wrote in an op-ed for USA Today.
A special counsel can only be dismissed for cause. And as was the case during Robert Mueller’s Russia investigation, such probes can sometimes stray from their origins.
The Biden transition did not respond to a request for comment on the special counsel appointment.
But Barr’s decision could influence whom the presidentelect puts forth as a nominee for attorney general. One leading candidate, Sally Yates, was already viewed skeptically by some Trump- aligned Republicans
for her role in the early days of the Russia investigation. Her nomination could face even greater challenges because she’s connected to some of the work that Durham is examining.
As deputy attorney general, Yates signed off on the first two applications to the Foreign Intelligence Surveillance Court to monitor communications of exTrump campaign adviser Carter Page, a process that has been among the focuses of the Durham investigation.
A Justice Department inspector general report found significant flaws and omissions in the four applications to the court, though it also found no evidence that Yates or any other senior Justice Department officials were aware of the problems.
Some Democrats have privately expressed concerns — likely to deepen with Durham’s appointment as a special counsel — that nominating Yates would lead to a messy confirmation process that focuses on the Russia investigation, instead of focusing on reforms and shifting priorities at the Justice Department, people familiar with the matter have said. They spoke on condition of anonymity to discuss private conversations.