Attorney general nominee William Barr said Congress has the option of releasing parts of the report he will write on the final results of special counsel Robert Mueller’s Russia investigation, even if he decides not to release it himself.
Barr told senators in written responses to questions that a current regulation allows Congress to release his report on Mueller’s final product. He was responding to Sen. Amy Klobuchar, D-Minn., who, like other Democrats, is worried Barr would not allow his summary to be released.
“Although there could conceivably be information in the Attorney General’s report, such as classified information, that may not be publicly disclosed, [the regulation] does not itself restrict what Congress may do with the report,” Barr wrote.
Barr declined to tell Sen. Sheldon Whitehouse, D-R.I., if he would allow Mueller to testify before Congress if invited or subpoenaed, and he also declined to say if he would produce Mueller’s report in response to a subpoena to either the House or Senate Judiciary committees.
He also reiterated that if Mueller’s report declines to charge individuals, that would likely not be made public.
“Where judgments are to be made by me, I will make those judgments based solely on the law and Department policy and will let no personal, political, or other improper interests influence my decision,” Barr said. He noted that the Justice Department “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.”
Still, Barr conceded that Congress “can and does conduct its own investigations, and its right to do so is not precluded by the [DOJ’s] decision not to provide certain information about an uncharged individual gathered during the course of a criminal investigation.”
During his confirmation hearing this month, Barr said if Mueller sends him a a declination memo — one that declines to charge anyone — it is likely that the bulk of it won’t be released due to longstanding Justice Department policy.
Barr told the Senate Monday that he would rather resign than fire Mueller “without good cause” — something he said before the Senate Judiciary Committee during his conformation hearing Jan. 15.
“I would resign rather than follow an order to terminate the special counsel without good cause,” Barr replied to Sen. Cory Booker, D-N.J.
[Related: AG nominee William Barr: ‘Vitally important’ that Robert Mueller finish his investigation]
Barr also told Sen. Patrick Leahy, D-Vt., that he has had “no discussion of the substance” of Mueller’s investigation with the White House.
“The President has not asked me my views about any aspect of the investigation, and he has not asked me about what I would do about anything in the investigation,” Barr wrote.
Barr reiterated that he won’t allow the White House or anyone else to change any report he sends to Congress.
“I can assure the Committee that any report sent to Congress will be my own and will not reflect changes from anyone outside the Department of Justice,” he wrote.
Barr’s nomination will go before the Judiciary Committee Tuesday, though a vote is expected to be delayed until next week.
No Democratic senator has said publicly that they will support him, but Republicans have a two-seat advantage over Democrats in the committee and Barr can easily move to the Senate floor.
