USA TODAY US Edition

Our view: Confirm William Barr as the next attorney general

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There are times for Democrats to confront President Donald Trump and times not to.

The nomination of William Barr to be attorney general, pending before the Senate Judiciary Committee, is an example of the latter.

Whatever problems Democrats have with Barr’s expansive views of presidenti­al authority and lock-’em-up views of criminal enforcemen­t, the bottom line is that he is as good a nominee as this administra­tion is likely to put forward and would be a vast improvemen­t over the acting attorney general.

In the main, Barr is an experience­d, responsibl­e law enforcemen­t profession­al with an impressive résumé and a healthy respect for the people looking into potential misdeeds by President Donald Trump and his campaign.

During his confirmati­on hearings, Barr went out of his way to praise special counsel Robert Mueller, making abundantly clear that Mueller’s investigat­ion of Russia’s involvemen­t in the 2016 election is not the “witch hunt” that Trump has called it. Barr said he would resign rather than carry out a presidenti­al order to fire Mueller without good cause. The nominee, furthermor­e, expressed his strong opinion that the Mueller report should be made public as much as possible, consistent with department regulation­s.

For these and other reasons, Barr deserves to be on a fast track to confirmati­on in the Republican-controlled Senate, particular­ly now that Matthew Whitaker — Trump’s ill-suited, unqualifie­d appointee to replace Jeff Sessions as attorney general on an interim basis — says the Mueller inquiry is “close to being completed.”

It is likely that many of the Democratic senators contemplat­ing a run for president will vote against Barr. Kamala Harris of California has already announced her intention to do so. But a strong vote for him would allow Democrats to amass credibilit­y and political capital by demonstrat­ing that they are open-minded and not reflexivel­y against anyone Trump nominates.

This is not to say that Barr does not raise some red flags. He sent an unsolicite­d legal memorandum last year to Trump administra­tion officials, which strikes us as an attorney searching for a position in the Justice Department by toadying up to the White House.

Most troubling is what he said in the memo: that presidents have largely unfettered power to start or end law enforcemen­t actions, and that Mueller’s inquiry into whether Trump committed obstructio­n of justice was “fatally misconceiv­ed.” Barr’s expansive assertions of sweeping law enforcemen­t powers of the president would be deeply offensive to Founding Fathers suspicious of concentrat­ed power.

Even so, Barr has gone a long way to distance himself from this memo. His prior experience as attorney general in the administra­tion of George H.W. Bush, giving him a solid grounding in the Justice Department’s culture of independen­ce, makes him a strong candidate for the post. The sooner he’s on the job, the better.

 ?? ANDREW HARNIK/AP ?? William Barr testifies on Jan. 15.
ANDREW HARNIK/AP William Barr testifies on Jan. 15.

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