AG nominee says he would resign rather than fire Mueller
WASHINGTON – William Barr, President Donald Trump’s nominee for attorney general, told the Senate on Monday he would resign rather than fire special counsel Robert Mueller “without good cause,” while also casting doubt on how much the public might learn about the investigation of Russian interference in the 2016 election.
The answers in written replies to questions from senators echoed what Barr had told the Judiciary Committee during his confirmation hearing Jan. 15. But they provided a more detailed response about Mueller’s anticipated final report on the investigation.
The panel is scheduled to vote Tuesday on Barr’s nomination.
Under Justice Department regulations, Mueller will submit a confidential report to the attorney general summarizing his decisions to charge or not charge figures in the probe. The attorney general will then decide what – if anything – to make public.
Through indictments and plea agreements, Mueller’s office has already revealed extensive detail about Russian’s efforts to sway the election and efforts by Trump associates to conceal contacts with that enterprise. But whether the public might learn about the conduct of people who are not charged has remained an open question.
Barr, in his written answers, suggested they might not. “It is also my understanding that it is department policy and practice not to criticize individuals for conduct that does not warrant prosecution,” Barr said.
Barr told senators at his confirmation hearing that he would make public as much as possible about the report. But several Democratic senators questioned why the entire report – other than confidential investigative material – wouldn’t be made public.
In response to Sen. Dianne Feinstein, D-Calif., Barr said he didn’t recall any discussions about using executive privilege to prevent release of the report.
“If it turns out that any report contains material information that is privileged or confidential, I would not tolerate an effort to withhold such information for any improper purpose, such as to cover up wrongdoing,” Barr wrote.
In response to Sen. Cory Booker, D-N.J., Barr repeated his testimony that “it is very important that the public and Congress be informed of the results of the special counsel’s work.” Barr said he wouldn’t allow personal, political or other improper interests to influence his decision.
Barr had written an unsolicited memo in June for Deputy Attorney General Rod Rosenstein, who oversees the Mueller investigation day to day, that questioned Mueller’s authority to pursue obstruction-of-justice charges against Trump under a specific statute. In response to Sen. Sheldon Whitehouse, D-R.I., Barr said Monday he briefly discussed a memo with Trump when he was offered the job of attorney general on Nov. 27.
“I do not remember exactly what I said, but I recall offering a brief, onesentence description of the memorandum,” Barr said. “The president did not comment on my memorandum. There was no discussion of the substance of the investigation. The president did not ask me my views about any aspect of the investigation, and he did not ask me about what I would do about anything in the investigation.”
Some senators were also concerned about Trump firing Mueller for the investigation that the president has repeatedly labeled a “witch hunt.”
“I would resign rather than follow an order to terminate the special counsel without good cause,” Barr replied to Booker.
In response to a Feinstein question about the president’s pardon power, Barr called the authority “broad,” though “subject to abuse.”
Barr also repeated his commitment to consult with Justice Department ethics officials on whether he should recuse himself from deliberations on any pending matters, including the Russia inquiry. Barr said he had already had one such conversation regarding a memo he prepared that was critical of Mueller’s investigation.