What Barr Plans to Say

News  |  Jan 14, 2019

When William Barr, President Trump's nominee to be the next attorney general, testifies Tuesday and Wednesday before the Senate Judiciary Committee, he will try to reassure lawmakers he does not plan to shut down Special Counsel Robert Mueller's investigation. 

CNN

"On my watch, Bob will be allowed to complete his work," Barr intends to say to Congress at the start of his Senate hearing Tuesday, according to prepared testimony released on Monday.

"I believe it is in the best interest of everyone -- the President, Congress, and, most importantly, the American people -- that this matter be resolved by allowing the special counsel to complete his work," he will say. "The country needs a credible resolution of these issues. If confirmed, I will not permit partisan politics, personal interests, or any other improper consideration to interfere with this or any other investigation."

Congress and the public should be "be informed of the results of the special counsel's work," he will say.

"For that reason, my goal will be to provide as much transparency as I can consistent with the law. I can assure you that, where judgments are to be made by me, I will make those judgments based solely on the law and will let no personal, political, or other improper interests influence my decision," he will say.

Senators have good reason to be concerned. Barr wrote and delivered an unsolicited 19-page memo to the Justice Department and White House last June, arguing Mueller could not investigate the president for obstruction of justice. 

CNN:

In his prepared testimony, Barr says his memo "was narrow in scope," regarding "a specific obstruction-of-justice theory under a single statute that I thought, based on media reports, the special counsel might be considering."

His memo, Barr will say, did not address Mueller's investigation otherwise, "nor did it address other potential obstruction-of-justice theories or argue, as some have erroneously suggested, that a President can never obstruct justice."

However, Monday evening, Barr revealed exactly whom at the White House received and reviewed his memo.

CNN:

In a letter to Senate Judiciary Chairman Lindsay Graham Monday night, Barr said that he had sent it to White House special counsel Emmet Flood, Solicitor General Noel Francisco, and his former Justice Department colleague Pat Cipollone who is now White House counsel. He also discussed the issues raised in the memo with Trump lawyers Marty and Jane Raskin and Jay Sekulow. In addition he sent a copy, or had a conversation about the contents of the memo with Abbe Lowell, an attorney for Jared Kushner.

CNN adds that President Trump discussed the memo with Barr prior to nominating him. 

Barr, for his part, plans to emphasize his longstanding relationship with Mueller as evidence he is not biased. 

New York Times

Noting that they worked together at the Justice Department under President George Bush, Mr. Barr planned to say that he has known and respected Mr. Mueller as a colleague and friend for 30 years and that he had confidence that Mr. Mueller would handle the special counsel inquiry properly.

Associated Press

[Barr also] will tell senators that Trump didn’t seek any assurances or promises before nominating him.

(...)

Trump had complained that his first attorney general, Jeff Sessions, did not protect him from the Russia investigation. Lawmakers want assurances that Barr will be impartial and allow special counsel Robert Mueller’s investigation to continue.

Barr said Trump “sought no assurances, promises, or commitments from me of any kind, either express or implied, and I have not given him any”, other than a promise to run the department with integrity.

The Washington Post's Aaron Blake makes an important point about Barr's prepared remarks: 

[T]he statement is as notable for what it doesn’t say as what it does, and it’s not exactly a full endorsement of Mueller’s probe.

Related: Barr Confirmation Hearing Expectations

READ: Attorney General nominee William Barr's prepared testimony (CNN)

Attorney General Nominee Promises to Allow Mueller to Finish His Work (NYT)

The Latest: Barr says Mueller must be allowed to wrap probe (AP)

Attorney General nominee says Mueller should be allowed to finish report (CNN)

William Barr’s pledge for Mueller ‘transparency’ — and what it doesn’t say (WaPo)