Attorney General nominee Bill Barr has offered new hints that he may not be inclined to hand over to Congress the full report special counsel Robert Mueller is expected to submit to the attorney general.
Barr’s latest comments on how he would handle Mueller’s report, if confirmed, came in answers submitted Monday to a written Senate questionnaire.
While repeating previously offered platitudes about a commitment to “transparency” and the importance of the public being “informed of the results of the Special Counsel’s work,” Barr in the answers also cited DOJ regulations calling the special counsel report a “confidential” report, as well as department policy more generally discouraging public disclosure of information about parties prosecutors choose not to charge.
His answers raised concerns specifically about what Mueller has to say about President Trump’s conduct, given that current DOJ guidance advises against indicting a sitting President.
Mueller’s report is the subject of much anticipation and speculation as his investigation into Russian election interference continues. The special counsel team has publicly been tight-lipped on the details of what report or reports Mueller is planning to submit. The Washington Post reported in April that his team has signaled it was preparing a report detailing Trump conduct in the White House, including potential efforts to obstruct the Russia probe.
Guaranteeing that such a report is handed over Congress, and the public, has been a focus of Democrats and even some Republicans as they’ve considered Barr’s nomination. In written materials submitted before his hearing this month, and in comments at the hearing itself, Barr has stressed his desire for transparency.
But his latest submissions are a little more hedged. He cited Justice Department regulations instructing the submission of a “’confidential report’ to the attorney general ‘explaining the prosecution or declination decisions reached by the Special Counsel.'”
Barr went on to write that his “goal will be to provide as much transparency as I can consistent with the law, including the regulations discussed above, and the Department’s longstanding practices and policies,” and that his judgements will be based “solely on the law and Department policy and will let no personal, political, or other improper interests influence my decision. ”
Sen. Dick Durbin (D-IL) asked Barr in writing whether he believed the DOJ regulations and policy “forbid any discussion of decisions declining to indict.”
Barr pointed to DOJ policy that, in Barr’s words, “cautions prosecutors to be sensitive to the privacy and reputational interests of uncharged third parties.”
“It is also my understanding that it is Department policy and practice not to criticize individuals for conduct that does not warrant prosecution,” Barr wrote.
Answering a similar line of questions from Sen. Sheldon Whitehouse (D-RI), who also asked specifically about misconduct by the President, Barr brought up Congress’ ability to conduct its own investigations.
“[I]ts right to do so is not precluded by the Department’s decision not to provide certain information about an uncharged individual gathered during the course of a criminal investigation,” Barr wrote.
Sens. Chuck Grassley (R-IA), who until this month, chaired the Judiciary Committee and Richard Blumenthal (D-CT) on Monday unveiled new legislation requiring that the findings of a special counsel investigation be released to Congress and to the American people.
