William Barr, President Trump’s pick for attorney general, harshly criticized special counsel Robert Mueller’s probe into potential obstruction of justice, in a memo recently made public by the Senate Judiciary Committee.
The Wall Street Journal first reported on the document late Wednesday night.
Mr. Barr acknowledged he was “in the dark about many facts” in the letter he sent to the Deputy Attorney General Rod Rosenstein in early June, but he continued to caution against an obstruction case.
“As I understand it, his theory is premised on a novel and legally insupportable reading of the law,” Mr. Barr wrote. “Moreover, in my view, if credited by the Justice Department, it would have grave consequences far beyond the immediate confines of this case and would do lasting damage to the Presidency and to the administration of law within the Executive branch.”
Mr. Barr, who served as former President George H.W. Bush’s attorney general, argued that Mr. Mueller should not be able to force Mr. Trump to “submit to interrogation” for that particular part of the probe. He said there was no basis for an obstruction case, which Mr. Mueller “fatally misconceived.”
Additionally, Mr. Barr contends that Mr. Trump is well within his authority as president regarding the investigation.
“If embraced by the Department, this theory would have potentially disastrous implications not just for the Presidency, but for the Executive branch as a whole and for the Department in particular,” he wrote.
Mr. Barr will be grilled by Democratic lawmakers over the arguments he makes in this letter when his confirmation proceedings begin in the Senate.
Democrats were harshly critical of the current acting Attorney General Matthew G. Whitaker for comments he made about the Mueller probe on TV before he came to work at the DOJ.
Senate Minority Leader Charles E. Schumer released a statement Thursday calling for Mr. Trump to reconsider Mr. Barr’s nomination.
“William Barr’s memo to the Department of Justice criticizing the Special Counsel investigation reveals that he is fatally conflicted from being able to oversee the Special Counsel’s investigation and he should not be nominated to be Attorney General,” Mr. Schumer said. “The fact that he holds these deeply misguided views and chose to launch them in an unprovoked written attack on the Special Counsel unquestionably disqualifies Mr. Barr from serving as Attorney General again.”
Sen. Dianne Feinstein, the top Democrat on the Judiciary Committee, said the only reason Mr. Barr could have had to write the memo was to “curry favor with President Trump” and signal he would protect him.
“We need answers as to why Barr proactively drafted this memo and then shared it with the deputy attorney general and President Trump’s lawyers,” the California senator said in a statement. “The Justice Department has been under relentless attack by this president and it needs a leader who is independent and able to defend the rule of law. The Attorney General is charged with protecting the people, not the president.”
On Thursday, Mr. Rosenstein insisted the Mueller probe has been “handled appropriately” and that will not change under Mr. Barr.
“Bill Barr will be an outstanding attorney general when he’s confirmed next year,” Mr. Rosenstein said at a press conference to announce charges against two Chinese hackers. “Lots of people offer personal opinions to the Department of Justice, but they don’t influence our own decision making.”
Mr. Rosenstein also said he has not shared any non-public information with Mr. Barr about the Russia investigation and the attorney general nominee has not asked for any.
The deputy attorney general told reporters the Justice Department operates “under the rule of law” and Mr. Barr’s memo “has no impact on our investigation.”
• Gabriella Muñoz can be reached at gmunoz@washingtontimes.com.
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