President Trump ordering White House counsel Don McGahn to remove special counsel Robert Mueller because of “conflicts” is not the same as directly firing him, Attorney General William P. Barr told senators in a hearing Wednesday.
The Justice Department’s top officer said that is a key distinction that means Mr. Trump’s efforts to axe the special counsel does not amount obstruction of justice.
Mr. Barr told lawmakers the president instructed Mr. McGahn, who left the administration last year, to raise the conflict issue with Deputy Attorney General Rod Rosenstein, rather than demand Mr. Mueller’s firing, drawing a legal distinction.
“There is something very different” between firing the special counsel and having him removed because of “conflicts,” Mr. Barr said.
“So there is no question that, whatever instruction was given, McGahn had to do with conflict — with Mueller’s conflict of interest,” he said.
Later, Mr. Barr said the president “never outright directed” Mr. McGahn to fire the special counsel, but rather “memorialize” the alleged conflicts of interests as a reason for removing him.
Sen. Dianne Fienstein, California Democrat, then pressed Mr. Barr on the president asked McGahn to publicly say he was never asked to fire Mueller.
“That’s not a crime,” Mr. Barr responded.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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