Attorney General William Barr denied that he is being pressured by President Trump in his handling of U.S. Attorney John Durham’s inquiry into the Russia investigation and claimed that any actions taken won’t affect the 2020 election.
During an interview on The Situation Room on CNN, Barr stressed that the Durham review will abide by Justice Department guidelines. He also reiterated that, despite urging from Trump, former President Barack Obama and former Vice President Joe Biden, who is now the 2020 Democratic presidential nominee, are not under criminal investigation.
“I will handle these cases as appropriate,” Barr said. “And I do not think anything that we do in the Durham investigation — I assume that’s what you’re talking about — is going to be affecting the election.”
Barr’s assertion followed Blitzer asking the attorney general if he would “honor” Justice Department “tradition” and not “go forward with charges against individuals that could be seen as politically inappropriate or politically against opponents” within 60 days of the election.
“I put out the guidance that has always been put out by the Department of Justice — and I’ll abide by it,” Barr said, adding that the “guidance is people shouldn’t do things for political reasons.”
The CNN host then asked Barr if he doesn’t think there will be charges in Durham’s investigation 60 days before the election, a time frame which begins on Friday.
“The 60 days is not part of the rule, but I said that I don’t think anything we’re going to do would violate our policy — be inconsistent with our policy,” Barr said.
CNN’s @wolfblitzer presses Attorney General William Barr on whether it’s appropriate for a sitting President to pressure the Justice Department on moving forward with indictments and criminal charges. “I don’t feel any pressure,” Barr says. pic.twitter.com/ySzCqAw7NQ
— The Situation Room (@CNNSitRoom) September 2, 2020
Under questioning by House Democrats in July, Barr refused to commit to not releasing a Durham report before the November contest, but pledged it would not “disrupt” the election. The Justice Department has guidance related to “election year sensitivities,” though it is not clear that releasing Durham’s findings would violate the policy.
Three prior attorneys general — George W. Bush’s attorney general, Michael Mukasey, and Obama’s attorneys general Eric Holder and Loretta Lynch — all released similar memos related to conducting politically sensitive investigations.
“Simply put, politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges,” the Mukasey, Holder, and Lynch memos stated. “Law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election.”
Barr released his own memo in February with different language.
“The Department has long recognized that it must exercise particular care regarding sensitive investigations and prosecutions that relate to political candidates, campaigns, and other politically sensitive individuals and organizations — especially in an election year,” Barr’s memo said. “As we enter the 2020 election year, the Department remains committed to ensuring that this fall’s elections are conducted in a fair manner that is free from inappropriate influences.”
In what has been dubbed the “Obamagate” controversy, Trump’s supporters believe top officials in the Obama administration sought to sabotage Trump’s candidacy in 2016 and later his presidency, and many of them have called for indictments. Democrats have raised concerns about the public release of Durham’s findings or indictments during an election and have warned of a possible politicized “October Surprise.”
Blitzer on Tuesday also played a clip from Fox News in which Trump told host Laura Ingraham this week, “I say this openly — Bill Barr can go down as the greatest attorney general in the history of our country, or he can go down as just another guy.” Blitzer asked whether it was “appropriate” for Trump to “pressure” an attorney general as such.
“I don’t feel any pressure from that,” Barr said. The CNN host asked if Barr was being pressured into handing down criminal indictments, but Barr said that was not the case, adding, “When we talk in private, he doesn’t talk like that.”
The CNN host also played a Fox Business clip from last month in which Trump shared high expectations for the Durham investigation with anchor Maria Bartiromo. “I hope [Barr and Durham] are not going to be politically correct … because the fact is this, what President Obama knew everything, Vice President Biden, as dumb as he may be, he knew everything … They spied on my campaign, which is treason,” Trump said.
Barr shrugged off the clip.
“If I was really concerned about being politically correct, I wouldn’t have joined the administration,” he said, reiterating that he’s publicly said Obama and Biden aren’t under investigation.
Asked if it was appropriate for Trump to be accusing Obama and Biden of treason, the attorney general said, “Well, treason is a legal term. I think he’s using it colloquially … But I think he feels they were involved in an injustice. And if he feels that, he can say it.” Barr added, “I didn’t take that as launching a criminal investigation — we’re reviewing the Russiagate thing.”
Barr has said the two main goals of Durham’s investigation are sussing out the truth and exploring possible criminal charges. Only one person, Kevin Clinesmith, has been indicted in Durham’s inquiry so far. The former FBI lawyer pleaded guilty to a false statements charge for fraudulently altering a CIA email to state that former Trump campaign associate Carter Page was “not a source” when he had, in fact, been an operational contact for the agency.
DOJ Inspector General Michael Horowitz’s December report criticized the Justice Department and the FBI for at least 17 “significant errors and omissions” related to the Foreign Intelligence Surveillance Act warrants against Page and for the bureau’s reliance on the Democratic-funded discredited dossier compiled by British ex-spy Christopher Steele.
