William P. Barr, who also served as attorney general under President George Bush, promised to withstand political pressure from Mr. Trump or other forces, saying his age, 68, and experience freed him to act independently.
Known for his unusually expansive views of executive power, Mr. Barr qualified some of his beliefs. He emphasized legal limits on the presidency and law enforcement independence.
He pledged to allow the special counsel, Robert S. Mueller III, to finish his investigation.
Mr. Barr defended as “entirely proper” an unsolicited memo he wrote criticizing Mr. Mueller’s examination of whether the president obstructed justice.
Barr pledged to allow Mueller to finish his work.
Mr. Barr used his opening remarks to the committee to clarify that he has no intention of firing Mr. Mueller before his work is done and to indicate that he would provide “as much transparency as I can consistent with the law” around the investigation’s results. The rule of law, he insisted, should be above and outside of the politics that divide the nation.
“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,” Mr. Barr said. He added: “I will follow the special counsel regulations scrupulously and in good faith, and on my watch, Bob will be allowed to finish.”
Mr. Mueller is believed to be in the final stages of his inquiry, which he took over from the F.B.I. in May 2017 after agents opened it nearly two and a half years ago.
“The country needs a credible resolution of these issues,” Mr. Barr said.
Pressed later by Senator Patrick J. Leahy, Democrat of Vermont, if he would allow the White House to “correct and put spin on” a Mueller report before it was released publicly, Mr. Barr gave a firm no. “That will not happen,” he said.
WASHINGTON — President Donald Trump’s attorney general nominee, William Barr, said Tuesday that the idea that a memo he wrote last year criticizing the Mueller investigation was a veiled job application is “ludicrous.”
Shortly after Barr’s confirmation hearings got underway Tuesday, Sen. Patrick Leahy, D-Vt. told Barr that some have said that the memo was intended to draw the president’s attention to his potential as a possible attorney general.
“That’s ludicrous,” Barr responded. “If I wanted the job and was going after the job, there are many more direct ways of me bringing myself to the president’s attention than writing an 18-page legal memorandum.”
Barr faced a barrage of related queries about — and criticism of — his views on Mueller’s Russia probe from the Senate Judiciary Committee Tuesday as proceedings began, including a memo he sent to the Justice Department last year in which he criticized Mueller’s investigation.
Democrats on the Judiciary Committee — including at least three potential 2020 presidential contenders — had been expected to zero in on that memo.
Sen. Dianne Feinstein, D-Calif., the top Democrat on committee, told Barr that anyone filling that position must be capable of telling the president “no.”
“He must have the integrity, the strength and the fortitude to tell the president ‘no,’ regardless of the consequences,” Feinstein said in her opening remarks at the Senate confirmation hearing for Attorney General nominee William Barr, which began Tuesday morning on Capitol Hill. “In short, he must be willing to defend the independence of the Justice Department.”
Feinstein also said that the memo Barr wrote about the Mueller investigation raises “serious questions” about his views on executive authority and whether he thinks the president is above the law.
“In the memo, you conclude that special counsel Mueller is ‘grossly irresponsible’ for pursuing an obstruction case against the president,” she said. “I hope we can straighten that out in this hearing.”
“Are you familiar with the January 11 New York Times article about an FBI open inquiry into whether Trump was secretly working on behalf of Russians?” Graham asked. “Can you promise me and this committee to look into this and tell us whether or not — in the appropriate way — a counterintelligence investigation was opened up by someone at the FBI/Department of Justice against President Trump?”
Barr said that he believed “there are a number of investigations” of the matter.
He also defended his Mueller memo, saying it was “entirely proper” and that it was very common for former senior officials to weigh in on certain matters. He pointed to a few months earlier, when he said he weighed in repeatedly to complain about the idea of prosecution of Sen. [Robert] Menendez, D-N.J., despite the fact that he doesn’t support him politically.
Barr assured several Democrats he “absolutely” would ensure that Mueller is not terminated without good cause — and that it’s “unimaginable” to think the special counsel would do anything that would cause that to happen.
“I am going to make as much information available as I can consistent with the rules and regulations,” Barr said.
Barr said that he discussed the Mueller probe with Trump “but not in any particular substance” and volunteered to detail his conversations, with Feinstein saying she would follow up later. Barr added that in June 2017, he was approached by David Friedman, who now serves as ambassador to Israel, about the possibility of personal representation to “augment” Trump’s defense team, but he decided not to pursue the option.
Barr on Tuesday defended the president’s goal of building a border wall, arguing that it’s needed to stop both illegal immigration and the influx of drugs, and said he’d like to see an agreement to end the federal government shutdown.
“I would like to see a deal reached whereby Congress recognizes that it’s imperative to have border security,” he said. “The point is, we need money right now including barriers and walls and slats and other things.”
“If a President, acting with the requisite intent, engages in the kind of evidence impairment the statute prohibits – regardless whether it involves the exercise of his or her constitutional powers or not – then a President commits obstruction of justice under the statute. It is as simple as that,” Barr wrote.
“I believe the country needs a credible and thorough investigation into Russia’s efforts to meddle in our democratic process, including the extent of any collusion by Americans, and thus feel strongly that that the Special Counsel must be permitted to finish his work. I assured you during our meeting – and I reiterate here – that, if confirmed, I will follow the Special Counsel regulations scrupulously and in good faith, and I will allow Bob to complete his investigation.”
Barr told Congress Tuesday as his confirmation hearings began that Mueller’s investigation should continue unimpeded — and that the public should be informed of the results of that probe.
“I believe it is vitally important that the special counsel be allowed to complete his investigation,” Barr said.
“I also believe it is very important that the public and Congress be informed of the results of the Special Counsel’s work. For that reason, my goal will be to provide as much transparency as I can consistent with the law,” he added. “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 decisions.”
Barr, 68, who has been counsel at the Kirkland & Ellis law firm, was attorney general under the first President Bush from 1991 until 1993 after an 18-year civil service career that began at the CIA.