[Senate Hearing 116-65] [From the U.S. Government Publishing Office] S. Hrg. 116-65 CONFIRMATION HEARING ON THE NOMINATION OF HON. WILLIAM PELHAM BARR TO BE ATTORNEY GENERAL OF THE UNITED STATES ======================================================================= HEARING before the COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION ---------- JANUARY 15 and 16, 2019 ---------- Serial No. J-116-1 ---------- Printed for the use of the Committee on the Judiciary CONFIRMATION HEARING ON THE NOMINATION OF HON. WILLIAM PELHAM BARR TO BE ATTORNEY GENERAL OF THE UNITED STATES S. Hrg. 116-65 CONFIRMATION HEARING ON THE NOMINATION OF HON. WILLIAM PELHAM BARR TO BE ATTORNEY GENERAL OF THE UNITED STATES ======================================================================= HEARING before the COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ JANUARY 15 and 16, 2019 __________ Serial No. J-116-1 __________ Printed for the use of the Committee on the Judiciary [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] U.S. GOVERNMENT PUBLISHING OFFICE 36-846 PDF WASHINGTON : 2019 COMMITTEE ON THE JUDICIARY LINDSEY O. GRAHAM, South Carolina, Chairman CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California, JOHN CORNYN, Texas Ranking Member MICHAEL S. LEE, Utah PATRICK J. LEAHY, Vermont TED CRUZ, Texas RICHARD J. DURBIN, Illinois BEN SASSE, Nebraska SHELDON WHITEHOUSE, Rhode Island JOSHUA D. HAWLEY, Missouri AMY KLOBUCHAR, Minnesota THOM TILLIS, North Carolina CHRISTOPHER A. COONS, Delaware JONI ERNST, Iowa RICHARD BLUMENTHAL, Connecticut MIKE CRAPO, Idaho MAZIE K. HIRONO, Hawaii JOHN KENNEDY, Louisiana CORY A. BOOKER, New Jersey MARSHA BLACKBURN, Tennessee KAMALA D. HARRIS, California Lee Holmes, Chief Counsel and Staff Director Jennifer Duck, Democratic Chief Counsel and Staff Director C O N T E N T S ---------- JANUARY 15, 2019, 9:32 A.M., and JANUARY 16, 2019, 9:32 A.M. STATEMENTS OF COMMITTEE MEMBERS Page Feinstein, Hon. Dianne, a U.S. Senator from the State of California: January 15, 2019, opening statement.......................... 3 January 15, 2019, prepared statement......................... 392 January 16, 2019, opening statement.......................... 132 Graham, Hon. Lindsey O., a U.S. Senator from the State of South Carolina: January 15, 2019, opening statement.......................... 1 January 16, 2019, opening statement.......................... 131 INTRODUCER Hatch, Hon. Orrin G., a Former U.S. Senator from the State of Utah introducing Hon. William Pelham Barr, Nominee to be Attorney General of the United States.......................... 5 STATEMENT OF THE NOMINEE Witness List..................................................... 189 Barr, Hon. William Pelham, Nominee to be Attorney General of the United States.................................................. 7 prepared statement........................................... 319 questionnaire and biographical information................... 191 appendix 12(a)............................................... 226 appendix 12(b)............................................... 230 appendix 12(c)............................................... 232 appendix 12(d)............................................... 240 appendix 12(e)............................................... 256 appendix 14(e)............................................... 313 STATEMENTS OF THE WITNESSES Canterbury, Chuck, National President, Fraternal Order of Police, Washington, DC................................................. 146 prepared statement........................................... 323 Cary, Mary Kate, Former Speechwriter for President George H.W. Bush, and Anne C. Strickler Practitioner Senior Fellow, The Miller Center, University of Virginia, Washington, DC.......... 139 prepared statement........................................... 329 Johnson, Derrick, President and Chief Executive Officer, National Association for the Advancement of Colored People, Baltimore, Maryland....................................................... 134 prepared statement........................................... 332 Kinkopf, Neil J., Professor of Law, Georgia State University College of Law, Atlanta, Georgia............................... 141 prepared statement........................................... 342 Morial, Hon. Marc H., President and Chief Executive Officer, National Urban League, New York, New York...................... 137 prepared statement........................................... 351 Mukasey, Hon. Michael B., Former United States Attorney General; Former U.S. District Judge for the Southern District of New York; and Of Counsel, Debevoise & Plimpton LLP, New York, New York........................................................... 133 prepared statement........................................... 355 Risher, Rev. Sharon Washington, Ordained Pastor, Charlotte, North Carolina....................................................... 144 prepared statement........................................... 359 Thompson, Hon. Larry D., Former United States Deputy Attorney General, and Partner, Finch McCranie LLP, Atlanta, Georgia..... 136 prepared statement........................................... 362 Turley, Jonathan, J.B. and Maurice C. Shapiro Professor of Public Interest Law, The George Washington University Law School, Washington, DC................................................. 142 prepared statement........................................... 366 QUESTIONS Questions submitted to Hon. William Pelham Barr by: Senator Blumenthal........................................... 394 Senator Booker............................................... 402 Senator Coons................................................ 416 Senator Cornyn............................................... 422 Senator Crapo................................................ 423 Senator Durbin............................................... 424 Senator Feinstein............................................ 446 Follow-up questions submitted by Senator Feinstein........... 463 Senator Grassley............................................. 467 Senator Harris............................................... 472 Senator Hirono............................................... 473 Senator Kennedy.............................................. 489 Senator Klobuchar............................................ 491 Senator Leahy................................................ 495 Follow-up questions submitted by Senator Leahy............... 506 Senator Tillis............................................... 508 Senator Whitehouse........................................... 518 Follow-up questions submitted by Senator Whitehouse.......... 534 Questions submitted to Chuck Canterbury by Senator Hirono........ 571 Questions submitted to Chuck Canterbury by Senator Klobuchar..... 572 Questions submitted to Derrick Johnson by Senator Hirono......... 573 Questions submitted to Derrick Johnson by Senator Leahy.......... 574 Questions submitted to Prof. Neil J. Kinkopf by Senator Hirono... 575 Questions submitted to Prof. Neil J. Kinkopf by Senator Leahy.... 576 Questions submitted to Hon. Marc H. Morial by Senator Hirono..... 578 Questions submitted to Hon. Marc H. Morial by Senator Leahy...... 579 Questions submitted to Rev. Sharon Washington Risher by Senator Klobuchar...................................................... 580 Questions submitted to Rev. Sharon Washington Risher by Senator Leahy.......................................................... 581 ANSWERS Responses of Hon. William Pelham Barr to questions submitted by: Senator Blumenthal........................................... 750 Senator Booker............................................... 789 Senator Coons................................................ 736 Senator Cornyn............................................... 594 Senator Crapo................................................ 603 Senator Durbin............................................... 654 Senator Feinstein............................................ 607 Follow-up questions submitted by Senator Feinstein........... 830 Senator Grassley............................................. 582 Senator Harris............................................... 811 Senator Hirono............................................... 763 Senator Kennedy.............................................. 604 Senator Klobuchar............................................ 727 Senator Leahy................................................ 636 Follow-up questions submitted by Senator Leahy............... 838 Senator Tillis............................................... 596 Senator Whitehouse........................................... 693 Follow-up questions submitted by Senator Whitehouse.......... 841 Responses of Hon. William Pelham Barr to questions submitted-- Continued attachment I................................................. 813 attachment II................................................ 818 attachment III............................................... 821 Responses of Chuck Canterbury to questions submitted by Senator Hirono......................................................... 842 Responses of Chuck Canterbury to questions submitted by Senator Klobuchar...................................................... 842 Responses of Derrick Johnson to questions submitted by Senator Hirono......................................................... 846 Responses of Derrick Johnson to questions submitted by Senator Leahy.......................................................... 847 Responses of Prof. Neil J. Kinkopf to questions submitted by Senator Hirono................................................. 855 Responses of Prof. Neil J. Kinkopf to questions submitted by Senator Leahy.................................................. 849 Responses of Hon. Marc H. Morial to questions submitted by Senator Hirono................................................. 860 Responses of Hon. Marc H. Morial to questions submitted by Senator Leahy.................................................. 856 Responses of Rev. Sharon Washington Risher to questions submitted by Senator Klobuchar........................................... 862 Responses of Rev. Sharon Washington Risher to questions submitted by Senator Leahy............................................... 862 LETTERS RECEIVED WITH REGARD TO HON. WILLIAM PELHAM BARR, NOMINEE TO BE ATTORNEY GENERAL OF THE UNITED STATES ACORN 8, New Orleans, Louisiana, et al., nonpartisan organizations and individuals for whistleblower protection..... 1001 Advocates for Youth, Washington, DC, et al., reproductive health, rights, and justice organizations, January 14, 2019............ 875 Alliance for Justice, Washington, DC, January 9, 2019............ 879 Anti-Defamation League (ADL), New York, New York, January 14, 2019........................................................... 882 Association of State Criminal Investigative Agencies (ASCIA), Mark Keel, President, ASCIAChief, South Carolina Law Enforcement Division, January 10, 2019......................... 899 Center for American Progress (CAP), Washington, DC, January 10, 2019........................................................... 900 Center for Reproductive Rights, New York, New York, January 14, 2019........................................................... 903 Chemerinsky, Erwin, Dean and Jesse H. Choper Distinguished Professor of Law, University of California Berkeley Law, Berkeley, California, et al., constitutional law scholars who specialize in separation of powers............................. 908 Constitutional Accountability Center, Washington, DC, January 10, 2019........................................................... 906 Drug Policy Alliance, Washington, DC, January 17, 2019........... 912 Earthjustice, San Francisco, California, January 10, 2019........ 915 Electronic Privacy Information Center (EPIC), Washington, DC, January 14, 2019............................................... 918 Federal Law Enforcement Officers Association (FLEOA), Washington, DC, January 3, 2019............................................ 924 Grijalva, Raul M., a Representative in Congress from the State of Arizona, and Co-chair, Congressional Progressive Caucus, January 14, 2019............................................... 925 Human Rights Campaign (HRC), Washington, DC, January 11, 2019.... 926 Human Rights Watch (HRW), New York, New York, January 14, 2019... 929 International Association of Chiefs of Police (IACP), Alexandria, Virginia, January 14, 2019..................................... 932 International Union of Police Associations (IUPA), Sarasota, Florida, January 2, 2019....................................... 933 Kids in Need of Defense (KIND), Washington, DC, January 16, 2019. 934 Lambda Legal, New York, New York, et al., January 14, 2019....... 944 Leadership Conference on Civil and Human Rights, The, Washington, DC, December 20, 2018.......................................... 952 Major Cities Chiefs Association (MCCA), Art Acevedo, President, and Chief of Police, Houston Police Department, Houston, Texas, January 11, 2019............................................... 957 Major County Sheriffs of America (MCSA), Alexandria, Virginia, January 10, 2019............................................... 958 Mukasey, Hon. Michael B., Former United States Attorney General; Former U.S. District Judge for the Southern District of New York; and Of Counsel, Debevoise & Plimpton LLP, New York, New York, et al., former Federal law enforcement and national security officers, January 9, 2019............................. 864 Mukasey, Hon. Michael B., Former United States Attorney General; Former U.S. District Judge for the Southern District of New York; and Of Counsel, Debevoise & Plimpton LLP, New York, New York, February 4, 2019, letter, transcript pages, and statement regarding the report of an investigation into the removal of nine U.S. Attorneys in 2006 in reponse to questions asked by Senator Whitehouse............................................. 959 NARAL Pro-Choice America, Washington, DC, January 9, 2019........ 971 National Alliance of Gang Investigators Associations (NAGIA), Queen Creek, Arizona, January 7, 2019.......................... 973 National Center for Transgender Equality (NCTE), Washington, DC, January 16, 2019............................................... 974 National Center on Sexual Exploitation (NCOSE), Washington, DC, January 9, 2019................................................ 977 National Council of Jewish Women (NCJW), Washington, DC, January 10, 2019....................................................... 983 National Education Association, Washington, DC, January 11, 2019. 985 National Fraternal Order of Police, Washington, DC, January 4, 2019........................................................... 987 National Juvenile Justice and Delinquency Prevention Coalition (NJJDPC), Washington, DC, et al., January 14, 2019............. 989 National LGBTQ Task Force Action Fund, Washington, DC, January 14, 2019....................................................... 992 National Narcotic Officers' Associations' Coalition (NNOAC), Washington, DC, January 11, 2019............................... 994 National Urban League, New York, New York, January 10, 2019...... 995 National Women's Law Center, Washington, DC, January 22, 2019.... 997 People For the American Way, Washington, DC, January 9, 2019..... 1004 Planned Parenthood Federation of America, New York, New York, January 14, 2019............................................... 1009 Sexuality Information and Education Council of the United States (SIECUS), Washington, DC, January 15, 2019..................... 1011 Taxpayers Against Fraud (TAF), Washington, DC, January 10, 2019.. 1013 MISCELLANEOUS SUBMISSIONS FOR THE RECORD Baker, Peter, The New York Times, January 15, 2019, Twitter posting........................................................ 1029 NARAL Pro-Choice America, Washington, DC, January 9, 2019, summary of events regarding the nomination of Hon. William P. Barr........................................................... 1040 National Association for the Advancement of Colored People (NAACP) Legal Defense and Educational Fund, Inc. (LDF), New York, New York, report on the civil rights record of Hon. William P. Barr................................................ 1030 National Coalition of Anti-Violence Programs (NCAVP), New York, New York, statement............................................ 1050 CONFIRMATION HEARING ON THE NOMINATION OF HON. WILLIAM PELHAM BARR TO BE ATTORNEY GENERAL OF THE UNITED STATES ---------- TUESDAY, JANUARY 15, 2019 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 9:32 a.m., in Room SH-216, Hart Senate Office Building, Hon. Lindsey O. Graham, Chairman of the Committee, presiding. Present: Senators Graham [presiding], Grassley, Cornyn, Lee, Cruz, Sasse, Hawley, Tillis, Ernst, Crapo, Kennedy, Blackburn, Feinstein, Leahy, Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Hirono, Booker, and Harris. OPENING STATEMENT OF HON. LINDSEY O. GRAHAM, A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA Chairman Graham. Thank you, all. You are not going to get a good shot of me. So, thank you, all. So, Happy New Year, New Congress, and we will see how this goes. I recognize Senator Grassley. Senator Grassley. Okay. I do this with a point of personal privilege, Mr. Chairman, and I appreciate that courtesy of you and the Members. This is the first meeting of the Senate Judiciary Committee in this 116th Congress. It is also the first time that we convene while my friend Lindsey Graham holds the gavel and will proceed to be Chairman. So I would like to congratulate the new Chairman, thank him for his leadership, and say that I look forward to working with you and the other Members of this Committee as we seek to address some of our Nation's most pressing problems. I have every confidence that you will steer our 200-year-old Committee in the right direction. Chairman Graham. Well, thank you. I really appreciate that. In my view, nobody looks over 100, so we are actually--we are aging well as a Committee. The bottom line is, how do you get this job? Your colleagues have to vote for you. Thank you. You have to get re- elected and outlive the person to your right. So I have been able to do that. And I look forward to working with Senator Feinstein, who is--I have a lot of affection and fondness for. She, to me, represents a seriousness that the body needs and a demeanor that I think we should all aspire to. To the new colleagues--Senators Hawley, Blackburn, and Ernst--thank you for being part of this Committee. To Senators Blackburn and Ernst, thank you for making history, I think, on our side. As to the hopes and dreams for this Committee, to get as much done as possible and to fight when we have to over things that matter to the public and show two different views of an issue that is important, but do it as respectfully as possible. Sentencing reform. Criminal justice reform was a very big deal, and this Committee delivered for the country. Senator Durbin, I want to thank you very, very much for working with Senator Lee and Senator Grassley and Senator Booker. That is a big deal that is going to change lives, I think, in a positive way. So this Committee has within it the ability to do big things long overdue. I know Senator Blackburn wants to do something on social media. Senator Klobuchar has got some ideas about how to make sure if you put an ad up on social media, you have to stand by it. We are all worried about social media platforms being hijacked by terrorists and bad actors throughout the international world. We are worried about privacy. Do you really know what you are signing up for when you get on one of these platforms? I would like this Committee working with Commerce to see if we can find some way to tame the ``wild West.'' Intellectual property. Senator Tillis and Senator Coons have some ideas that I look forward to hearing about. Senator Sasse wants to make sure that we act ethically. You have got a package of ethic reforms, and I look forward to working with you there. On this side, I know there are a lot of ideas that I am sure that if we sat down and talked we could embrace, and I look forward to solving as many problems as we can and having a contest over ideas that really matter to the American people. Senator Hatch, thank you for coming. In terms of my Chairmanship, if I can do what you and Senator Grassley were able to do during your time, I will have done the Committee a good service. Senator Grassley, thank you very much. Last year was tough, but I think you and Senator Feinstein did the best you could in the environment in which we live. The times in which we live are very difficult times. I do not see them getting better overnight, but I do see them getting better if we all want them to. So, about me, I want us to do better, and I will be as measured as possible. The Immigration Lindsey will show up, but the other guy is there, too, and I do not like him any more than you do. So the bottom line is, we are starting off with something that would be good for the country. We have a vacancy for the Attorney General spot. We have a chance to fill that vacancy. Mr. Barr, you cannot hold a job. When you look at what he has done in his life, it is incredible. So I want to thank the President for nominating somebody who is worthy of the job, who will understand on day one what the job is about and can right the ship over there. I think we all have concerns. I know Senator Whitehouse is passionate about cybersecurity and ``Fort Cyber'' and all of these other ideas that Sheldon has been pushing. It is just a matter of time before we are hit and hit hard if somebody does not step up to the plate with some solutions. But a little bit about the nominee. He has been Attorney General before, from 1991 to 1993 by voice vote. Those were the days. Deputy Attorney General from 1990 to 1991, unanimous consent without a recorded vote. Assistant Attorney General, Office of Legal Counsel, voice vote. That is pretty amazing. I think you are going to have an actual vote this time. Academically gifted: George Washington Law School, Columbia University undergraduate. Outside of DOJ, he was the General Counsel, Legislative Counsel for the CIA. That is how he met Bush 41. He has been a law clerk. He has worked in private practice. I am not going to bore the Committee with all the things he has done. He has been the senior vice president and general counsel of GTE. He has lived a consequential life--general counsel of Verizon. You have lived a life that I think has been honorable and noteworthy and accomplished, and I want to thank you for being willing to take this task on. We have got a lot of problems at the Department of Justice. I think morale is low, and we need to change that. So I will look forward to this hearing. You will be challenged. You should be challenged. The memo, there will be a lot of talk about it, as there should be. But I just want to let you know, Mr. Barr, that we appreciate you stepping up at a time when the country needs somebody of your background and your temperament to be in charge of the rule of law. And with that, I will turn it over to my colleague, Senator Feinstein. OPENING STATEMENT OF HON. DIANNE FEINSTEIN, A U.S. SENATOR FROM THE STATE OF CALIFORNIA Senator Feinstein. Thanks very much, Mr. Chairman. And I want you to know I really look forward to working with you. Chairman Graham. Me, too. Senator Feinstein. And I think we can work productively together. And Senator Grassley, I want to thank you for the time we worked together. It really was a pleasure, and I had an opportunity to get to know you as the fine person that you are. So thank you very much. I want to say just one word or two or three about women. Twenty-five years ago, there were no women on this Committee. I will never forget watching the Anita Hill hearing on a television in the London airport with a lot of people gathered around. So I went over to take a look, and I saw, and I saw this all-male Judiciary Committee. And it took all these years, but here we are. And I want to particularly welcome Senator Ernst and Senator Blackburn. I think it is extraordinarily important that this Committee be representative of our society at large and that we are growing that way, and so thank you very much for being here. I would also like to welcome Bill Barr and his family. I know you are proud to be here, and you served as Attorney General before from 1991 to 1993, and I think we all have great respect for your commitment to public service. When we met, your previous tenure marked a very different-- we talked about a very different time for our country, and today, we find ourselves in a unique time with a different administration and different challenges. And now, perhaps more than ever before, the country needs someone who will uphold the rule of law, defend the independence of the Justice Department, and truly understand their job is to serve as the people's lawyer, not the President's lawyer. Top of mind for all of us is the ongoing Mueller investigation. Importantly, the Attorney General must be willing to resist political pressure and be committed to protecting this investigation. I am pleased that in our private meeting, as well as in your written statement submitted to the Committee, you stated that it is vitally important--and this is a quote--that ``the Special Counsel be allowed to complete his investigation'' and that ``the public and Congress be informed of the results of the Special Counsel's work.'' However, there are at least two aspects of Mr. Mueller's investigation: first, Russian interference in the United States election and whether any U.S. persons were involved in that interference and, second, possible obstruction of justice. It is the second component that you have written on. And just 5 months before you were nominated, I spent the weekend on your 19-page legal memo to Deputy Attorney General Rod Rosenstein criticizing Mueller's investigation, specifically the investigation into potential obstruction of justice. In the memo, you conclude, I think, that Special Counsel Mueller is ``grossly irresponsible for pursuing an obstruction case against the President and pursuing the obstruction inquiry is fatally misconceived.'' So, I hope we can straighten that out in this hearing. But your memo also shows a large, sweeping view of presidential authority and determined effort, I thought, to undermine Bob Mueller, even though you state you have been friends and are in the dark about many of the facts of the investigation. So it does raise questions about your willingness to reach conclusions before knowing the facts and whether you prejudge the Mueller investigation. And I hope you will make that clear today. It also raises a number of serious questions about your views on Executive authority and whether the President is, in fact, above the law. For example, you wrote, ``The President''--and I quote--``alone is the executive branch. As such, he is the sole repository of all Executive powers conferred by the Constitution. Thus, the full measure of law enforcement authority is placed in the President's hands, and no limit is placed on the kinds of cases subject to his control and supervision.'' This is in your memo on page 10, and I will ask you about it. This analysis included cases involving potential misconduct, where you concluded, and I quote, ``The President may exercise his supervisory authority over cases dealing with his own interests, and the President transgresses no legal limitation when he does so.'' That is on page 12. In fact, you went so far as to conclude that, ``The Framers' plan contemplates that the President's law enforcement powers extend to all matters, including those in which he has a personal stake.'' You also wrote, ``The Constitution itself places no limit on the President's authority to act on matters which concern him or his own conduct.'' Page 10. Later, you conceded that certain supervisory actions, such as the firing of Director Comey, may be unlawful obstruction. However, this, too, is qualified. You argue that in such a case, obstruction of justice occurs only if, first, a prosecutor proves that the President or his aides colluded with Russia. Specifically, you conclude, and I quote, ``The issue of obstruction only becomes ripe after the alleged collusion by the President or his campaign is established first.'' So that is some of the things I hope to ask you about. And in conclusion, let me just say that some of your past statements on the role of Attorney General and presidential power are concerning. For instance, you have said in the past that the Attorney General is the President's lawyer. In November 2017, you made comments suggesting it would be permissible for the President to direct the Justice Department to open an investigation into his political opponents, and this is notable in light of President Trump's repeated calls for the investigation of Hillary Clinton and others who disagree with him. I believe it is important that the next Attorney General be able to strongly resist pressure, whether from the administration or Congress, to conduct investigations for political purposes. He must have the integrity, the strength, and the fortitude to tell the President no, regardless of the consequences. In short, he must be willing to defend the independence of the Justice Department. So my questions will be do you have that strength and commitment to be independent of the White House pressures you will undoubtedly face? Will you protect the integrity of the Justice Department above all else? Thank you very much, Mr. Chairman. [The prepared statement of Senator Feinstein appears as a submission for the record.] Chairman Graham. Thank you, Senator Feinstein. Senator Hatch, welcome back. We truly miss you. You were a great Chairman and an incredible Member of this body, and you are very welcome to share your thoughts about Mr. Barr with this Committee. STATEMENT OF HON. ORRIN G. HATCH FORMER U.S. SENATOR FROM THE STATE OF UTAH Senator Hatch. Well, thank you so much, Mr. Chairman, Ranking Member Feinstein as well, and Members of the Committee. It is my distinct pleasure to be here today to introduce William Barr, the President's nominee to be Attorney General of the United States. I have known and worked with Bill closely over the years and am glad to call him a friend. Bill has had a distinguished career in public service and in the private sector. He started his career at the Central Intelligence Agency. While there, he went to law school part time at George Washington University. Following graduation, he was selected for a prestigious clerkship with a Federal Judge on the D.C. Circuit before heading to private practice. Later, he served in the Reagan White House in the Office of Policy Development. Following another stint in private practice, Bill began his distinguished career at the Department of Justice under President George H.W. Bush. Bill served as the Assistant Attorney General for the Office of Legal Counsel, then as Deputy Attorney General, and finally, as Attorney General of the United States. As Attorney General, Bill oversaw a number of sensitive criminal investigations, including the investigation into the Pan Am Flight 103 bombing. He prioritized fighting violent crime and became known as a law and order Attorney General. Throughout his time at the Justice Department, Bill earned a reputation as a fierce advocate for the rule of law, as a principled and independent decisionmaker, and as a lawyer's lawyer. He has shown his commitment to the Constitution time and time again while serving our country. That is why he has been confirmed by the Senate unanimously three times. After completing his service at the DOJ, Bill returned to the private sector, working at law firms and as Counsel for some of America's largest companies. I could do--I could go on at length describing Bill's distinguished career. There is no question, none whatsoever, that Bill is well qualified to serve as Attorney General. He has held this position before and won high praise during his tenure for his fairness, his tenacity, and his work ethic. So instead of droning on about Bill's resume, I want to tell you about what Bill identifies as the most important achievement of his private service as Attorney General, at least, I believe this is what he believes. I believe his answer tells you much about how he will approach the job and who he is. When asked what his most important accomplishment was as Attorney General, Bill does not point to one of his many policy successes. He does not talk about his role in setting antitrust merger guidelines. He does not say it was his role leading the DOJ's response to the savings and loan crisis. No, for him, it was something more. It was something more tangible. It was Talladega. Three days after Bill was named Acting Attorney General by President Bush, 121 prisoners noted and seized control of the Talladega Federal Correctional Institution in Alabama. This was a very serious matter, and they took 10 hostages. Planning at the DOJ began immediately for how best to resolve the situation and secure the safe release of the hostages. In such a situation, some would have sought political cover, not Bill. He was in charge. He knew the response was his decision to make, his responsibility. He maintained his focus on the safety of the men and women held hostage by the prisoners. The standoff lasted 10 days. Then on Bill's order, FBI agents stormed the prison. Three minutes later, it was over. The hostages were safe. The mission was well planned and executed. The Federal agents did not even have to fire a single shot. Bill's decisionmaking and judgment helped save lives. When President Bush nominated Bill to be Attorney General in 1991, I noted why he had been selected. He was not a member of President Bush's political or personal inner circle. He was not a part of the President's brain trust. He was not a politician or former politician who brought political clout to the position from prior elections or prior elected office. Bill Barr was a lawyer's lawyer. Talent, merit, and performance-- those were the reasons President Bush selected him to be the Attorney General at that time. That statement holds true today. Bill Barr, in my opinion, is an outstanding choice for Attorney General. His vast experience, renowned judgment, and reputation as an ardent defender of the rule of law make him a nominee that the American people, the President, and the Senate should all be proud of. So I feel very honored to be here today to speak in his favor, and I hope that his nomination will be approved expeditiously. Thank you, Mr. Chairman. Chairman Graham. Thanks, Senator Hatch. I would like to note at the outset that the Rules of the Senate prohibit outbursts, clapping, or demonstrations of any kind. This includes blocking the view of people around you. Please be mindful of these rules as we conduct this hearing. I will ask the Capitol Police to remove anyone who violates the rules of this Committee. Thank you, Senator Hatch. Mr. Barr, would you come forward, please? Chairman Graham. Raise your right hand, please. Do you affirm that the testimony you are about to give to this Committee will be the truth, the whole truth, and nothing but the truth, so help you God? General Barr. I do. Chairman Graham. The floor is yours. STATEMENT OF HON. WILLIAM PELHAM BARR, NOMINEE TO BE ATTORNEY GENERAL OF THE UNITED STATES General Barr. Before I begin, Mr. Chairman, could I introduce my family? Chairman Graham. Absolutely. General Barr. My wife of 46 years, Christine, a retired librarian. My daughter Margaret, who we call Meg, she was an Assistant United States Attorney in the District of Columbia, but now has moved up to Capitol Hill and works for Senator Braun. My middle daughter, Patricia, who is also an attorney, and she has been Counsel to the House Agriculture Committee for how long now, Patty, 10--11 years. And my daughter Mary, who is a longtime Federal prosecutor and is currently the coordinator for opioid enforcement in the Office of the Deputy Attorney General. Mary's husband, Mike, who is also an attorney at the Department of Justice in the National Security Division, and their son--Mary and Mike's son--Liam, who will someday be in the Department of Justice. [Laughter.] General Barr. Patricia's husband, Pelham, who is a founding partner of a consulting firm. And Meg's husband, Tyler, who is also an Assistant United States Attorney in the Eastern District of Virginia. Did I leave anyone out? Chairman Graham. Think about medical school, Liam. [Laughter.] Chairman Graham. Somebody needs to make money in the family. General Barr. When Meg was starting at Notre Dame, I told her I wanted a doctor in the family, and I made her take organic chem. Needless to say, she is now a lawyer. So---- Good morning, Mr. Chairman, Ranking Member Feinstein, and Members of the Committee. It is a privilege to come before you today, and I am honored that President Trump has nominated me for the position of Attorney General. I regret that I come before this Committee at a time when much of our Government is shut down, and my thoughts are with the dedicated men and women of the Department of Justice and other Federal workers, many of whom continue to perform their critical jobs. As you know, if the Senate confirms me, this would be my second time I would have the honor of holding this office. During the 4 years I served under President George H.W. Bush, he nominated me for three successive positions in the Department--the Assistant Attorney General for the Office of Legal Counsel, the Deputy Attorney General, and finally, the Attorney General--and this Committee unanimously approved me for each of those offices. Twenty-seven years ago at my confirmation hearing, I explained that the office of Attorney General is not like any other Cabinet post. It is unique and has a critical role to play under our constitutional system. I said then, the Attorney General has a very special obligation, unique obligations. He holds in trust the fair and impartial administration of justice. It is the Attorney General's responsibility to enforce the law evenhandedly and with integrity. The Attorney General must ensure that the administration of justice, the enforcement of the law, is above and away from politics. Nothing could be more destructive of our system of Government, of the rule of law, or the Department of Justice as an institution, than any toleration of political interference with the enforcement of the law. I believe this as strongly today as I did 27 years ago, indeed, more strongly. We live in a time when the country is deeply divided. In the current environment, the American people have to know that there are places in the Government where the rule of law, not politics, holds sway and where they will be treated fairly based solely on the facts and the evenhanded application of the law. The Department of Justice must be that place. I did not pursue this position, and when my name was first raised, I was reluctant to be considered and, indeed, proposed a number of alternative candidates. I am 68 years old, partially retired, and nearing the end of a long legal career. My wife and I were looking forward to a peaceful and cherished time with our daughters and grandchildren. And I have had this job before. But ultimately, I agreed to serve because I believe strongly in public service, I revere the law, I love the Department of Justice and the dedicated professionals who serve there, and I believe that I can do a good job leading the Department in these times. If confirmed, I will serve with the same independence I did in 1991. At that time, when President Bush chose me, he sought no promises and asked only that his Attorney General act with professionalism and integrity. Likewise, President Trump has sought no assurances, promises, or commitments from me of any kind, either express or implied, and I have not given him any, other than that I would run the Department with professionalism and integrity. As Attorney General, my allegiance will be to the rule of law, the Constitution, and the American people. This is how it should be, this is how it must be, and if you confirm me, this is how it will be. Now let me address a few matters I know are on the minds of some of the Members of this Committee. First, I believe it is vitally important that the Special Counsel be allowed to complete his investigation. I have known Bob Mueller for 30 years. We worked closely together throughout my previous tenure at the Department of Justice. We have been friends since, and I have the utmost respect for Bob and his distinguished record of public service. And when he was named Special Counsel, I said his selection was good news and that, knowing him, I had confidence he would handle the matter properly. And I still have that confidence today. Given his public actions to date, I expect that the Special Counsel is well along in his investigation. At the same time, the President has been steadfast that he was not involved in any collusion with Russian attempts to interfere in the election. I believe it is in the best interest of everyone--the President, Congress, and the American people--that this matter be resolved by allowing the Special Counsel to complete his work. The country needs a credible resolution to these issues, and if confirmed, I will not permit partisan politics, personal interests, or any other improper consideration to interfere with this or any other investigation. I will follow the Special Counsel regulations scrupulously and in good faith, and on my watch, Bob will be allowed to finish his work. Second, I also believe it is very important that the public and Congress be informed of the results of the Special Counsel's work. 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, I will make those judgments based solely on the law, and I will not let personal, political, or other improper interests influence my decision. Third, I would like to briefly address the memorandum that I wrote last June. I wrote the memo as a former Attorney General who has often weighed in on legal issues of public importance, and I distributed it broadly so that other lawyers would have the benefit of my views. My memo was narrow, explaining my thinking on a specific obstruction of justice theory under a single statute that I thought, based on media reports, the Special Counsel might be considering. The memo did not address or in any other way question the Special Counsel's core investigation into Russian efforts to interfere in the election, nor did it address other potential obstruction of justice theories or argue, that some have wrongly suggested, that a President can never obstruct justice. I wrote it myself on my initiative without any assistance and based solely on public information. I would like to comment very briefly on my priorities, if confirmed as Attorney General. First, we must continue the progress we have made on violent crime, while at the same time recognize the changes that have occurred since I last served as Attorney General. The recently passed First Step Act, which I intend to diligently implement if confirmed, recognizes the progress we have made over the past 3 decades in fighting violent crime. As Attorney General, I will ensure that we will continue our efforts to combat violent crime. In the past, I was focused on predatory violence, but today I am also concerned about another kind of violence. We can only survive and thrive as a Nation if we are mutually tolerant of each other's differences, whether they be differences based on race, ethnicity, religion, sexual orientation, or political thinking. And yet we see some people violently attacking others simply because of their differences. We must have zero tolerance for such crimes, and I will make this a priority as Attorney General, if confirmed. Next, the Department will continue to prioritize enforcing and improving our immigration laws. As a Nation, we have the most liberal and expansive immigration laws in the world. Legal immigration has historically been a huge benefit to this country. However, as we open our front door and try to admit people in an orderly way, we cannot allow others to flout our legal system by crashing in through the back doors. In order to ensure that our immigration system works properly, we must secure our Nation's borders, and we must ensure that our laws allow us to process, hold, and remove those who unlawfully enter. Finally, in a democracy like ours, the right to vote is paramount. In a period of great political division, one of the foundations of our Nation is our enduring commitment to the peaceful transition of power through elections. If confirmed, I will ensure that the full might of our resources are brought to bear against foreign persons who unlawfully interfere in our elections. Fostering confidence in the outcomes of elections also means ensuring that the right to vote is fully protected as well as ensuring the integrity of elections. Let me conclude by making the point that over the long run, the course of justice in this country has more to do with the character of the Department of Justice as an enduring institution than with the tenure of any particular Attorney General. Above all else, if confirmed, I will work diligently to protect the professionalism and integrity of the Department as an institution, and I will strive to leave it and the Nation a stronger and better place. Thank you very much for your time today, and I look forward to answering your questions. [The prepared statement of General Barr appears as a submission for the record.] Chairman Graham. Thank you, Mr. Barr. We will try to break around 11:30, I think, to get a quick bite and break up the day for you. But one thing I want to tell you is, that I support the idea that politicians, no matter of what Party, should not interfere with criminal investigations. That makes imminent sense to me. Once you go down that road, then the rule of law collapses. But there is another side to this equation--if I may say, a two-way street. What about those in charge of enforcing the law? What about those with the power to bring charges against American citizens, including people up here? I remember Senator Stevens' case in Alaska. So, we should always be on guard about the politician interfering in an investigation, but we should also have oversight of how the Department works, and those with this tremendous power use that power. Are you familiar with the January 11th New York Times article about, ``FBI Opened Inquiry Into Whether Trump Was Secretly Working on Behalf of Russia''? General Barr. Yes, Mr. Chairman. Chairman Graham. Would 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 somebody at the FBI, Department of Justice against President Trump? General Barr. Yes, Mr. Chairman, I think there are a number of investigations, as I understand it, going on in the Department. Chairman Graham. Have you ever heard of such a thing in all the time you have been associated with the Department of Justice? General Barr. I have never heard of that. Chairman Graham. Are there rules about how you can do counterintelligence investigations? General Barr. I believe there are, Mr. Chairman. Chairman Graham. So if you want to open up one against the President, are there any checks and balances? General Barr. Not outside the FBI. Chairman Graham. Okay. Well, we need to look at that. In terms of people who are actually enforcing the law, don't we want to make sure they don't have an agenda? General Barr. That is right, Mr. Chairman. Chairman Graham. Do you know a Lisa Page or Peter Strzok? General Barr. I have heard their names. Chairman Graham. But do you know them personally? General Barr. No, I do not. Chairman Graham. This is a message, August 8th, 2016, a text message: ``Trump's not ever going to become President, right? Right? '' Strzok responded, ``No, no, he's not. We'll stop him.'' Strzok was in charge of the Clinton email investigation. Ms. Page worked at the Department of Justice. August 15th, 2016: ``I want to believe the path you threw out for consideration in Andy's office, that there's no way he gets elected, but I'm afraid we can't take that risk. It's like an insurance policy in the unlikely event you die before 40.'' March 4th, 2016, Page to Strzok: ``God, Trump is a loathsome human being.'' October the 20th, 2016: ``Trump is an `F'-ing idiot, is unable to provide a coherent answer.'' To all those who enforce the law, you can have any opinion of us that you like, but you are supposed to do your job without an agenda. Do you promise me as Attorney General, if you get this job, to look in to see what happened in 2016? General Barr. Yes, Mr. Chairman. Chairman Graham. How do these statements sit with you? General Barr. I was shocked when I saw them. Chairman Graham. Okay. Please get to the bottom of it. I promise you we will protect the investigation, but we are relying upon you to clean this place up. FISA warrants. Are you familiar with a FISA warrant? General Barr. Yes, Mr. Chairman. Chairman Graham. Okay. During the process of obtaining a warrant, is there a certification made by the Department of Justice to the court that the information being provided is reliable? General Barr. Yes, sir. Chairman Graham. Are you familiar with Bruce Ohr? General Barr. No, I am not. Chairman Graham. Bruce Ohr was Associate Deputy Attorney General for Organized Crime and Drug Enforcement. His wife worked at Fusion GPS. Are you familiar with Fusion GPS? General Barr. Yes, I have read about that. Chairman Graham. Fusion GPS, Mr. Barr, was hired by the Democratic National Committee and the Clinton Campaign to do opposition research against Candidate Trump and maybe other candidates, but we now know that they hired Fusion GPS, Michael Steele, who is a former British agent, to do opposition research and produce the famous dossier. Are you aware that Mr. Ohr's wife worked for that organization? General Barr. I have read that. Chairman Graham. Does that bother you if he had anything to do with the case? General Barr. Yes. Chairman Graham. Are you aware that on numerous occasions, he met with Mr. Steele while his wife worked with Fusion GPS? General Barr. I have read that. Chairman Graham. Okay. The warrant certification against Carter Page on four different occasions certifies that the dossier, which was the main source of the warrant, was reliable. Would you look in to see whether or not that was an accurate statement and hold people accountable if it was not? General Barr. Yes, Mr. Chairman. Chairman Graham. Mueller. You say you have known Mueller a long time. Would you say you have a close relationship with Mr. Mueller? General Barr. I would say we are good friends. Chairman Graham. Would you say that you understand him to be a fair-minded person? General Barr. Absolutely. Chairman Graham. Do you trust him to be the fair to the President and the country as a whole? General Barr. Yes. Chairman Graham. When his report comes to you, will you share it with us as much as possible? General Barr. Consistent with regulations and the law, yes. Chairman Graham. Do you believe Mr. Mueller would be involved in a witch hunt against anybody? General Barr. I do not--I do not believe Mr. Mueller would be involved in a witch hunt. Chairman Graham. What are the circumstances that would allow a Special Counsel to be appointed, generally speaking? General Barr. Well, I appointed three, Mr. Chairman, Special Counsel. And generally, when something comes up--an issue comes up that needs to be investigated and there are good reasons to have it investigated by a Special Counsel outside the normal chain at the Department, someone usually of public stature that can provide additional assurance of nonpartisan-- -- Chairman Graham. Do you believe that Attorney General Sessions had a conflict because he worked on the Trump Campaign? General Barr. I am not sure of all the facts, but I think he probably did the right thing recusing himself. Chairman Graham. I agree. I think he did the right thing to recuse himself. Do you know Rod Rosenstein? General Barr. Yes, I do. Chairman Graham. What is your opinion of him? General Barr. I have a very high opinion of Rod Rosenstein and his service in the Department. Chairman Graham. Okay. Why did you write the memo? General Barr. I wrote the memo because starting, I think, in June 2017, there were many news reports, and I had no facts, and none of us really outside the Department have facts. But I read a lot of news reports suggesting that there were a number of potential obstruction theories that were being contemplated or, at least, explored. One theory in particular that appeared to be under consideration under a specific statute concerned me because I thought it would involve stretching the statute beyond what was intended, and would do it in a way that would have serious adverse consequences for all agencies that are involved in the administration of justice, especially the Department of Justice. And I thought it would have a chilling effect going forward over time. And my memo is very clear that is the concern that was driving me, the impact, not the particular case, but its impact of a rule over time. And I wanted to make sure that before anyone went down this path, if that was, in fact, being considered, that the full implications of the theory were carefully thought out. So I wanted my views to get in front of the people who would be involved and the various lawyers who would be involved in those discussions. So, I first raised these concerns verbally with Rod Rosenstein when I had lunch with him early in 2008, and when he did not respond and was Sphinx-like in his reaction, expounded on my concerns. And then I later attempted to provide a written analysis as follow-up. Now, I initially thought of an op-ed, and because of the material, it was not working out. And I talked to his staff, and I said, you know, I want to follow up and send something to Rod in writing, but is he a one-pager kind of guy or, you know, how much will he read? And the guy said, he is like you, he does not mind wading into a dense legal memo. Chairman Graham. Don't you think President Trump is a one- pager kind of guy? General Barr. Excuse me? Chairman Graham. President Trump is a one-pager kind of guy. General Barr. I suspect he is. Chairman Graham. Okay. Just remember that. Go ahead. General Barr. Yes. [Laughter.] General Barr. And so I provided the memo to Rod, and I provided it--distributed it freely among the other lawyers that I thought would be interested in it, and I think it was entirely proper. It is very common for me and for other former senior officials to weigh in on matters that they think may be ill advised and may have ramifications down the road. For example, just a few months before that, I had weighed in repeatedly to complain about the idea of prosecuting Senator Menendez. I think I made three calls. I think it was two to Sessions, to AG Sessions, and one to Rosenstein. Now, I did not know Senator Menendez. I do not represent Senator Menendez. No one was paying me to do it, and, in fact, I do not support Senator Menendez politically, but I carefully watched this case. My friend, Abbe Lowell, was his Defense Counsel, and it was very much like a line of cases that I had been concerned about when I was AG. And so I was watching it, and I thought the prosecution was based on a fallacious theory that would have bad long-term consequences. And so I freely weighed in at the Department, and I did so because I care about the rule of law. And I want to say one final thing on the rule of law because it picks up on something you said, Mr. Chairman. What is the rule of law? We all use that term. In the area of enforcement, I think the rule of law is that when you apply a rule to A, it has to be the rule and approach you apply to B, C, D, and E, and so forth. And that seems to me to suggest two corollaries for an Attorney General. The first, that is why we do not like political interference. Political interference means that the rule being applied to A is not the rule you are applying. It is special treatment because someone is in there exerting political influence. The corollary to that, and this is what you are driving at, Mr. Chairman, is that when you apply a rule--when a prosecutor is applying a rule to A, you got to be careful that it is not torqued specially for that case in a way that could not be applied down the road, or if it is applied, will create problems down the road. And I think the Attorney General's job is both. It is both to protect against interference, but it is also to provide oversight to make sure that in each individual case, the same rule that would be applied broadly is being applied to the individual. Chairman Graham. Senator Feinstein. Senator Feinstein. Thank you, Mr. Chairman. Six quick ``yes'' or ``no'' questions. Will you commit to no interference with the scope of the Special Counsel's investigation? General Barr. I will--the scope of the Special Counsel's investigation---- Senator Feinstein. By not---- General Barr [continuing]. Is set by his charter and by the regulations, and I will ensure that those are maintained. Senator Feinstein. Will you commit to providing Mr. Mueller with the resources, funds, and time needed to complete his investigation? General Barr. Yes. Senator Feinstein. Will you commit to ensuring that Special Counsel Mueller is not terminated without good cause consistent with Department regulations? General Barr. Absolutely. Senator Feinstein. If the Special Counsel makes any request, for instance, about the scope of investigation or resources for his investigation, will you commit to notifying Congress if you deny that request? General Barr. I think the regulations require notification of Congress if there is a disagreement. Senator Feinstein. Thank you. And I have two questions from the Chairman of the House Judiciary Committee. Will you commit to making any report Mueller produces at the conclusion of his investigation available to Congress and to the public? General Barr. As I said in my statement, I am going to make as much information available as I can, consistent with the rules and regulations that are part of the Special Counsel regulations. Senator Feinstein. Will you commit to making any report on the obstruction of justice public? General Barr. That is the same answer. Yes. Senator Feinstein. Thank you. In your June 2018 memo about obstruction of justice to the Mueller investigation, you repeatedly referred to Mr. Mueller's ``sweeping and all- encompassing interpretation of Section 1512,'' which is the--a statute on obstruction. How do you know what Mr. Mueller's interpretation of 1512 is? General Barr. Well, as I said, I was--I was speculating. I freely said at the beginning I was writing in the dark, and we are all in the dark. Every lawyer, every talking head, everyone who thinks about or talks about it does not have the facts. Senator Feinstein. So I spent my Saturday reading that memorandum. General Barr. Yes. Senator Feinstein. So are you saying this is all your speculation? It is a big memo. General Barr. Well, it was informed to the extent that I thought that that was one of the theories being considered. I do not know how seriously--whether it was being considered or how seriously it was being considered. But I--as a shorthand way in the memo of referring to what I was speculating might be the theory, I referred to it as ``Mr. Mueller's theory'' rather than go in every time I mention it say, well, this is speculative. Senator Feinstein. But do you know what Mueller's interpretation of 1512 is? General Barr. No, I do not know what Mueller's interpretation. Senator Feinstein. Okay. General Barr. And just one point, Senator. I think--you said in your opening statement I said he was grossly irresponsible. I think I said if something happens, it would be grossly irresponsible. I was not calling Mueller grossly irresponsible. Senator Feinstein. I understand. General Barr. Okay. Senator Feinstein. Thank you. I appreciate that. Has anyone given you non-public information about Mueller's investigation? General Barr. I do not--I do not recall getting any confidential information about the investigation. Senator Feinstein. Your 2018 memo--in it you stated, and I quote, ``The Framers' plan contemplates that the President's law enforcement powers extend to all matters, including those in which he had a personal stake,'' end quote. Please explain what you based this conclusion on. General Barr. Yes. Here is the Department of Justice--right here, and within the Department of Justice, enforcement decisions are being made. The President is over here, and I think of it as, there are two categories of potential communications. One would be on a case that the President wants to communicate about that he has no personal interest in, no political interest in. Let us say, the President is concerned about Chinese stealing trade secrets and says, ``I want you to go after this company that is being--you know, that may be stealing trade secrets.'' That is perfectly appropriate for him to do--to communicate that. But, whether it is bona fide or not, the Department of Justice's obligation and the Attorney General's obligation is not to take any action unless we reach--``we,'' the Department of Justice and the Attorney General--reach their own independent conclusion that it is justified under the law, and regardless of the instruction. And that is my quote that everyone is saying, you know, I am siccing the--you know, it is okay for the--for the President to direct things. All I said was, it is not per se improper for the President to call on the Department for doing something, especially if he has no personal or political interest in it. The other category of cases--and let us pick, you know, an easy bad example--would be if a member of the President's family or a business associate or something was under investigation, and he tries to intervene. He is the chief law enforcement officer, and you could say, well, he has the power, but that would be a breach of his obligation under the Constitution to faithfully execute the laws. So, in my opinion, if he attempts--if a President attempts to intervene in a matter that he has a stake in to protect himself, that should first be looked at as a breach of his constitutional duties--whether it also violates a statute, depending on what statute comes into play, and what all the facts are. Senator Feinstein. Including the Emoluments Clause of the Constitution. General Barr. Well, I think there is a dispute as to what the Emoluments Clause relates to. I have not personally researched the Emoluments Clause. I cannot even tell you what it says at this point. Off the top of my head I would have said, well, emoluments are essentially a stipend attached to some office, but I do not know if that is correct or not. But I am sure it is---- Senator Feinstein. Okay. Well---- General Barr. I think it is being litigated right now. Senator Feinstein. I am going to--I do not know either, so I am going to try and find out, and we will come back another day and maybe discuss it. General Barr. Okay. Okay. Senator Feinstein. Your memo stated, ``a fatal flaw in Mueller's interpretation of Sec. 1512(c)(2), is that, while defining obstruction solely as acting `corruptly,' Mueller offers no definition of what `corruptly' means.'' My understanding is that there is nothing in the public record that sheds light on his definition of ``obstruction.'' Do you know what his definition is? General Barr. I do not know what his definition is. I read a book where people were asking whether someone--I think--I do not know if it is accurate, but whether someone--the President was acting with corrupt intent. And what I say in my memo is, actually the--people do not understand what the word ``corruptly'' means in that statute. It is an adverb, and it is not meant to mean with a state of mind. It is actually meant the way in which the influence or obstruction is committed. That is an adverbial function in the statute. And what it means is, using in the 19th century sense, it is meant to influence in a way that changes something that is good and fit to something that is bad and unfit, namely the corruption of evidence or the corruption of a decisionmaker. That is what the word ``corruptly'' means because once you dissociate it from that, it really means--very hard to discern what it means. It means ``bad.'' What does ``bad'' mean? Senator Feinstein. Let me go on because my time is so limited. You argue that the--and I quote, ``The Constitution's plenary grant of those powers to the President also extends to the unitary character of the executive branch itself.'' Specifically you argue, and this is a quote, ``While Mueller's immediate target is the President's exercise of his discretionary powers, his obstruction theory reaches all exercises of prosecutorial distinction by the President's subordinates, from the Attorney General down to the most junior-line prosecutor.'' So, if the President orders the Attorney General to halt a criminal investigation for personal reasons, would that be prohibited under your theory? General Barr. Prohibited by what? Senator Feinstein. By---- General Barr. The Constitution? Senator Feinstein [continuing]. The Constitution. General Barr. I think it would be--I think it would be a breach of the President's duties to faithfully execute the law. It would be an abuse of power. Whether it would violate a statute depends on all the facts and what statute I would-- someone would cite me to. But I certainly think it would be an abuse of his power. And let me just say that the position---- Senator Feinstein. Would that be the same thing if an Attorney General fired U.S. Attorneys for political reasons? General Barr. No, because U.S. Attorneys are political appointments. Senator Feinstein. According to news reports, President Trump interviewed you and asked you to be part of the legal team defending him in the Mueller investigation--twice, first in the spring of 2017 when the investigation was just beginning and again earlier this year. Is that correct? General Barr. No, he--I had one conversation with him that related to his private representation, and I can describe that for you. That was--that was in June 2017. That is the only time I met him before I talked to him about the job of Attorney General, which obviously is not the same as representing him. Senator Feinstein. Have you discussed the Mueller investigation with the President or anyone else in the White House? General Barr. I discussed the Mueller investigation, but not in--not in any particular substance. I can go through my conversations, with you, if you want. Senator Feinstein. Well, not at that time, but I may come back to you---- General Barr. Okay. Senator Feinstein [continuing]. And ask you about that. I do not want to take any more time. Thank you, Mr. Chairman. Chairman Graham. Senator Grassley. Senator Grassley. Before I ask my first question, and I do not want you to respond to this. I just want you to know what my interest is in the transparency of the Mueller report. When we spend 35--I do not know whether it is $25 million or $35 million, the taxpayers--that is billions of dollars--the taxpayers ought to know what their money was spent for. So if you have got some reservations about some part of it not being public, I hope that that is related to traditional things that--of the public's business that should not be public, like national security is an example, not being made public. But beyond that, the only way I know for the taxpayers to hold anybody that spend the taxpayers' money responsibly is through transparency because that brings accountability. My first question, and as you would expect from our conversation in my office, in 1986, Reagan signed the False Claims Act. I worked hard to get that passed, especially provisions empowering whistleblowers to help Government identify fraud. More than a decade ago, you said, the qui tam provisions in the False Claims Act were--your words, ``an abomination and were unconstitutional.'' You said, you, in your words, ``wanted to attack the law, but the Supreme Court upheld the law's constitutionality.'' Prosecutors from both sides of the aisle have praised the law as the most effective tool Government has to detect and actually recover public money lost to fraud. Since 1986, the law that was passed in 1986 brought in $56 billion into the Federal treasury. Most of that is because patriotic whistleblowers found the fraud and brought the case to the attention of the Government. Is the False Claims Act unconstitutional? General Barr. No, Senator. It has been upheld by the Supreme Court. Senator Grassley. Do you consider the False Claims Act to be an abomination? General Barr. No, I do not. Senator Grassley. Does the False Claims Act benefit the taxpayer, specifically its provisions to empower and protect whistleblowers? General Barr. Yes, Senator. Senator Grassley. If confirmed, do you commit to not take any action to undermine the False Claims Act? Further, if confirmed, will you continue current Justice Department staff and funding levels to properly support and prosecute False Claims Act cases? General Barr. Yes, I will diligently enforce the False Claims Act. Senator Grassley. Now, with all those positive answers, you would think I would be done, wouldn't you, with that? But let me go on. [Laughter.] Senator Grassley. Just to show you that there are some forces out there that I am suspicious about within the Department of Justice, we have a new Department of Justice guidance document out last year, known as the ``Granston Memo.'' It provides a long list of reasons that the Department can use to dismiss False Claims Act cases, some of them pretty darn vague, such as preserving--these are their words: ``preserving Government resources.'' Just think of all the mischief those three words can bring. Of course, the Government can dismiss, obviously, meritless cases. I do not argue with that. But even when the Department declines to participate in False Claims Act cases, the taxpayer can in many cases still recover financially. So it is important to allow whistleblowers to pursue cases even when the Department is not able to be involved. Under what circumstances can or should the Justice Department move to dismiss False Claims cases? General Barr. Senator, I have not reviewed that memorandum, so I am not familiar with the thinking of the people in the--I think it is the Civil Division that did that. But if I am confirmed, I will review it, and I would be glad to come and sit down with you and discuss it, and if there are areas you are concerned about, I would be glad to work with you on that. Senator Grassley. Unless you find that my presumption is wrong, that there are reasons to be suspicious, I hope you will take into consideration my feeling about how in various suspicious ways people that are faceless bureaucrats can undermine this effort. In circumstances where the Government does not intervene in False Claims cases, if confirmed, will you commit to ensuring the Department does not unnecessarily dismiss False Claims Act cases? General Barr. Yes, Senator. I will enforce the law in good faith. Senator Grassley. Okay. Now, we have got an Act that the Justice Department just took, and I cannot obviously expect you to respond specifically to the Act, but I use it as an example of their uncooperation with the Department of Congressional Oversight. This uncooperative behavior needs to change. On December the 10th, last year, the Department confirmed a briefing for your staff regarding the Asset Forfeiture Fund, and to do that last week, January the 8th. On January the 7th, the Department of Justice Office of Legislative Affairs informed our staff that they will no longer provide the briefing because they consider the matter closed as a result of the change in Chairmanship and because you released a public memo--because I released a public memo on the Marshals Service study or investigation. It is important to gain your commitment on how you would handle this as an example. Let me explain how ridiculous it is to get somebody in this administration saying that they do not have to answer if you are not Chairman of a Committee. We went through this in January, the first month this President was in office, when he said--or he put out a memo, ``We are not going to answer any oversight except for Chairmen of Committees.'' So, you are going to write off 500 Members of Congress not doing oversight. So, we told them all about this and the constitutional cases on this. We got them up. They wrote a memo again 2 months later that said that they were going to respond to all this stuff. Now you have got people in the bowels of the bureaucracy that are still saying, If you are not a Chairman, you ain't going to get an answer to anything. How ridiculous. It is our constitutional responsibility. So then I laid out--I will give you an example. I sent the Justice Department a classified letter regarding information acquired from the Justice Department Inspector General report on the Clinton investigation. The Department ought to answer for what the Attorney Inspector General has found. But I have not heard a peep, not a peep on that yet. On December the 10th, the Justice Department--well, I am repeating here. So the question is: Do you understand that, if you are confirmed, you have an obligation to ensure that the Justice Department--and particularly the FBI is a problem-- respond to congressional inquiries and to do it in a timely manner? General Barr. Absolutely, Senator. Senator Grassley. You understand that this obligation applies regardless of whether you are a Member of Congress or a Committee Chairman? General Barr. Yes, Senator. You know, you and Senator Leahy, I think, are the only Members of the Committee now who were here 27 years ago when I was first confirmed, but I think you will recall that we were able to establish very cooperative and productive relationships with all the Members and try to respond to their questions and deal with their concerns and work with them on projects they are interested in. And that will be the same approach that I will bring to the job if you confirm me. Senator Grassley. Okay. Then let me be specific on my last question on oversight. You remember when you were in my office I gave you, as I gave Attorney General Sessions, as I gave Holder, a long list of things that the Department has not answered. And one of these was an October 17, 2018, letter, and I would like to have your response to answering that letter and respond to all outstanding and future oversight requests in a timely manner. And then, remember, I said all you Cabinet people come up here to tell us ``yes'' when we ask you if you are going to answer our stuff, I said, maybe you better say, ``maybe.'' So if you want to say ``maybe'' now and be really honest, say, ``maybe.'' Otherwise, I hope you will answer that October 17th letter once we get you voted into office. General Barr. Yes, Senator. Senator Grassley. Throughout your career you have expressed concern with congressional attempts to enact criminal justice reform and at times advocated for stricter mandatory minimum sentences. In 1992, under your direction, DOJ published a report entitled, ``The Case for More Incarceration.'' This report declared that the problem with our criminal justice system was that we were incarcerating too few criminals. More recently, in 2015, you signed a letter opposing the Sentencing Reform and Corrections Act of 2015. This letter states quite clearly your opposition to sentencing reform, particularly the lessening of mandatory minimum sentences and any sort of retroactivity. The First Step Act was signed by President Trump. As Attorney General, it will be your job to implement the legislation. Even though you have opposed criminal justice reform in the past, will you commit to fully implementing the First Step Act? General Barr. Yes, Senator. But, you know, in 1992, when I was Attorney General, the violent crime rates were the highest in American history. The sentences were extremely short. Typically, in many States the time served for rape was 3 years; for murder, time served 5 to 7 years. The system had broken down. And I think through a series of administrations--Reagan, Bush, and Clinton--the laws were changed, and we targeted violent, chronic violent offenders, especially those using guns. And I think the reason the crime rate is much lower today is because of those policies. So I do not think comparing the policies that were in effect in 1992 to the situation now is really fair. And I think--and I have said, that right now we have greater regularity in sentencing. There is broader recognition that chronic violent offenders should be incarcerated for significant periods of time to get them off the streets. And I think the time was right to take stock and make changes to our penal system based on current experience. So I have no problem with the approach of reforming the sentencing structure, and I will faithfully enforce that law. Senator Grassley. Do not take it personal if I raise my voice to you. I am not mad at you. [Laughter.] Chairman Graham. If I were you, I would answer his letters. Just a tip that may help you through your job, if you get it. I will take the time away from my second round. I am very curious about the conversations you had about personal representation or being Attorney General. You mentioned it to Senator Feinstein. Can you just kind of give us a summary of what you were talking about? General Barr. Yes, so in June 2017, the middle of June, Ambassador David Friedman, who is the U.S. Ambassador to Israel--who I did not know. I knew that he was a top-tier lawyer in New York and apparently a friend of the President's. He reached out to me, and we talked one evening, and he said that he--well, my understanding was he was interested in finding lawyers that could augment the defense team, and failing that, he wanted to identify Washington lawyers who had experience, you know, broad experience whose perspective might be useful to the President's. And he asked me a number of questions, like, you know, ``What have you said about the President publicly? '' ``Do you have any conflicts? '' and so forth. And I told him that I did not think I could take this on, that I had just taken on a big corporate client that was very important to me and I expected a lot of work. And I said at my point in life, I really did not want to take on this burden and that I actually preferred the freedom to not have any representation of an individual, but just say what I thought about anything without having to worry about that. And I said that my wife and I were sort of looking forward to a bit of respite and I did not want to stick my head into that meat grinder. He asked me if I would nonetheless meet--briefly go over the next day to meet with the President. And I said, ``Sure, I will go and meet with the President.'' And he brought me over and was squeezing me in--it looked to me like it was before the morning staff meeting because people were grouping by the door to get in, and I went in. And he was there, the Ambassador was there, sat through the meeting. It was a very brief meeting where essentially the President wanted to know--he said, ``Oh, you know Bob Mueller. How well do you know Bob Mueller? '' And I told him how well I knew Bob Mueller and how, you know, the Barrs and Muellers were good friends and would be good friends when this is all over and so forth. And he was interested in that, wanted to know, you know, what I thought about Mueller's integrity and so forth and so on. And I said, ``Bob is a straight shooter and should be dealt with as such.'' And he said something to the effect like, ``So are you envisioning some role here? '' And I said, ``You know, actually, Mr. President, right now I could not do it. Just my personal and my professional obligations are such that I am unable to do it.'' So he asked me for my phone number. I gave it to him, and I never heard from him again until---- Chairman Graham. Well, I tried that once. [Laughter.] Chairman Graham. You did better than---- General Barr. Well, I did not hear from him until, you know, later, but about something different, which was the Attorney General position. Chairman Graham. Senator Leahy. Senator Leahy. Thank you. Mr. Barr, good to see you again. As you mentioned, Senator Grassley and I were here at your hearing a number of years ago. Let me go back even before that. Forty-six years ago, I was not in the Senate. I was State's attorney in Vermont, and I watched with a great deal of interest the Elliot Richardson hearings. He had been nominated to be Attorney General, and it was in the midst of Watergate. He made several commitments to the Committee, including appointing a Special Prosecutor, and he promised to protect his independence. And as one who had total independence as an elected prosecutor in Vermont, I thought how important it was to have that same independence at the national level. And Mr. Richardson said it was necessary to create the maximum possible degree of public confidence in the integrity of the process. I have never forgotten that. I think the integrity of our institutions is just as much at risk today. President Trump has made it clear he views the Justice Department as an extension of his political power. He has called on it to target his opponents. He obsesses over the Russia investigation, which looms over his presidency, may define it. He attacks the Special Counsel almost daily. He fired both the previous FBI Director and Attorney General for not handling the investigation as he pleased. That tells me the rule of law can no longer be taken for granted. So, if confirmed, the President is going to expect you to do his bidding. I can almost guarantee you he will cross the line at some point. That is why the commitments you make here today, just like those I watched Elliot Richardson make years ago, matter greatly. So will you commit, if confirmed, to both seeking and following the advice of the Department's career ethics officials on whether you must recuse from the Special Counsel's investigation? General Barr. I will seek the advice of the career ethics personnel, but under the regulations, I make the decision as the head of the agency as to my own recusal. So I certainly would consult with them, and at the end of the day, I would make a decision in good faith based on the laws and the facts that are evident at that time. Senator Leahy. The same thing if you are talking about a conflict of interest? General Barr. Well, no, some conflicts, as you know, are mandatory. Senator Leahy. I am thinking of what Attorney General Sessions said, when asked a similar question, he said he will seek and follow the advice--seek and follow the advice--of the Department of Justice's designated ethics officials. So let me ask you maybe in a different way. I know you have promised to not interfere with the Special Counsel. Are there any circumstances that would cause you to terminate the investigation or any component of it or significantly restrict its funding? General Barr. Under the regulations, Bob Mueller could only be terminated for good cause, and, frankly, it is unimaginable to me that Bob would ever do anything that gave rise to good cause. But, in theory, if something happened that was good cause, for me it would actually take more than that. It would have to be pretty grave and the public interest would essentially have to compel it, because I believe right now the overarching public interest is to allow him to finish. Senator Leahy. Well, I would agree with that, but I also think over the past 18 months you have rather harshly prejudged the investigation in some of your writings. General Barr. Well, you know, I do not see that at all, Senator. You know, when you strip away a lot of the rhetoric, the two things that have been thrown up as me sort of being antagonistic to the investigation are two things: One, a very mild comment I made that, ``Gee, I wish the team had been more balanced.'' I was not criticizing Mueller. I believe that prosecutors--and I think you would agree--they can handle the case professionally, whatever their politics are. You know, a good prosecutor can leave their politics at the door and go in and do the job. And I think that is what Justice Department prosecutors do in general. Senator Leahy. But you were also very critical of the Russian probe, and, I mean, I cannot think of anything that would--in your memo, for example, that would jump out more for this President because of his commitment to it. And I ask that because some have said, on both sides of the aisle, that it looked like a job application, and so that is what I wanted you to refer to. General Barr. Well, you know, that is ludicrous. 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, sending it to the Department of Justice and routing it to other---- Senator Leahy. But you also publicly criticized the Russian probe. I mean---- General Barr. How have I criticized the Russian probe? Senator Leahy. You do not have any criticism of the Russian probe? General Barr. Not at all. I believe the Russians interfered or attempted to interfere with the election, and I think we have to get to the bottom of it. Senator Leahy. So you would be in favor of releasing the investigative report when it is completed? General Barr. As I have said, I am in favor of as much transparency as there can be consistent with the rules and the law. Senator Leahy. Do you see a case where the President could claim executive privilege and say that parts of the report could not be released? General Barr. Well, I do not have a clue as to what would be in the report. The report could end up being, you know, not very big. I do not know what is going to be in the report. In theory, if there was executive privilege, material to which an executive privilege claim could be made, it might--you know, someone might raise a claim of executive privilege. Senator Leahy. That would be very difficult following U.S. v. Nixon when the Supreme Court unanimously rejected President Nixon's claims of executive privilege over the Watergate tapes. But I ask it because the President's attorney, Mr. Giuliani, said the President should be able to correct the Mueller report before any public release. So, in other words, he could take this investigative report, put his own spin on it, and correct it before it is released. Do you commit that would not happen if you are Attorney General? General Barr. That will not happen. Senator Leahy. Thank you. You had--when you were AG--I remember this well because I was here in the Senate at the time you encouraged President George H.W. Bush to pardon all six individuals who were targeted in Iran-Contra. The independent prosecutor who investigated the matter labeled that a ``cover-up.'' Now, you and I talked about this in my office, and I appreciate you coming by. I found the conversation the two of us had to be well worthwhile. Do you believe a President could lawfully issue a pardon in exchange for the recipient's promise to not incriminate him? General Barr. No. That would be a crime. Senator Leahy. Thank you. In 1990, you argued that Congress' appropriation power is not an independent source of congressional power to control the allocation of Government resources. There are only three Committees in the Senate that have a Vice Chairman; Appropriations is one of them. Obviously, as Vice Chairman, I kind of looked at that. You claimed that if a President finds no appropriated funds within a given category, he may use funds from another category as long as both categories are in his constitutional purview. Now, as Vice Chairman of the Appropriations Committee, do not be surprised I disagree. Congress' power of the purse, Article I, Section 9, I believe constitutes one of the most fundamental and foundational checks and balances on the executive branch. So do you believe the President can ignore Congress' appropriations, allocations, conditions, and restrictions in law, just ignore them and take the money and transfer---- General Barr. Not as a general proposition, but I--that was---- Senator Leahy. A general proposition---- General Barr. I actually thought that was a good Law Review article. I gave it as a speech, and it was really a thought piece. And what I was really saying was--and I say right up front that the more I thought about the appropriations power, the more confused I got. And I was just laying out a potential template, which is this: People frequently say, you know, the power to spend money on this division or this missile system is part of the power of the purse. And what I was actually saying was--you know, actually, with the power being exercised there is the substantive power that Congress has to raise armies, and it does not come from the power of---- Senator Leahy. It was also specific on appropriations on Agriculture or on Finance. I mean, for example, could the President just build a wall along our southern border because he wanted to and just take the money, whether appropriated or not? What about eminent domain? General Barr. What about eminent domain? Senator Leahy. Well, if you are going to build a wall, you are going to take a whole lot of land away from landowners in Texas and elsewhere. General Barr. Well, you know, you would have to show me what statute is being invoked and also what appropriation is being used. I cannot answer that in the abstract. Senator Leahy. So you are saying the President, though, can have the power to go into money even if the Congress has appropriated it for a different purpose? General Barr. I did not say that, but some have---- Senator Leahy. Do you mean that? General Barr. No, I do not mean that. I am saying that, you know, there are moneys that the President may have power to shift because of statutory authority. Senator Leahy. But that would have been because Congress gave him that authority. General Barr. Right. Senator Leahy. Not because he has it automatically. General Barr. I am not taking that position. As I said, my Law Review--it was published as a Law Review article, and it was a thought piece exploring what limits there might be to the appropriations power and where Congress' power comes from in certain areas. Senator Leahy. Thank you. Thank you, Mr. Chairman. Chairman Graham. Just to follow up on that real quick, and I will not take this against Senator Cornyn. Do the Article II powers, the inherent authority of the Commander-in-Chief, give him the ability to take appropriated dollars from the Department of Defense and build a wall? General Barr. I cannot--without looking at the statute, I really could not answer that. Chairman Graham. I am not talking about the statute. I am talking about the inherent authority of the President as Commander-in-Chief. General Barr. That is the kind of question I would go to OLC to answer. Chairman Graham. Okay. Get back with us on that. Senator Cornyn. Senator Cornyn. Well, Mr. Chairman, let me congratulate you on your election as Chairman of the Judiciary Committee and tell you I look forward to working with you and supporting this Committee's efforts. And thank you for convening today's hearing. And I want to express my profound and sincere thanks to the nominee, Mr. Barr, for agreeing to serve a second time as Attorney General. I noted in your statement you said it was 27 years ago that you sat in this chair and went through your first confirmation hearing, and to me that says a lot about your character and your commitment to the rule of law that you would be willing to go through this process again and serve once again as the chief law enforcement officer of the country. Thank you for doing that. General Barr. Thank you, Senator. Senator Cornyn. Thank you to your family as well. To me, the Attorney General is one of the most challenging Cabinet offices to hold because, as you point out in your opening statement, you are committed to the rule of law and enforcing the laws of the land, but you are also a political appointee of the President. If you serve in another Cabinet position, certainly you are committed to implementing the President's agenda or the agenda of an administration, but as Attorney General, that is not an unequivocal commitment because there may be some things that the administration wants you to do that you cannot do consistent with the rule of law. Correct? General Barr. That is right, Senator. One of the reasons I ultimately decided that I would accept this position if it was offered to me was because I was--I feel that I am in a position to be independent. You know, over the years a lot of people have--some politicians have called me up saying, you know, ``I am thinking of going for the Attorney General position in this administration,'' and so forth. And I would say, ``You are crazy, because if you view yourself as having a political future down the road, do not take the job, because if you take this job, you have to be ready to make decisions and spend all your political capital and have no future because you have to do--you have to have that freedom of action.'' And I feel I am in a position in life where I can do the right thing and not really care about the consequences in the sense that I do not-- I can truly be independent. Senator Cornyn. Mr. Barr, thinking back about the run-up to the 2016 election where the nominee of both political parties for President of the United States ended up being investigated by the FBI, can you think of any precedent in American history where that has occurred that you know of? General Barr. No, I cannot, Senator. Senator Cornyn. In thinking back to James Comey's press conference of July 7, 2016, where he took the step of talking about the evidence against Mrs. Clinton, talking about the legal standard that would apply as to whether she might or might not be indicted for committing a crime under the Espionage Act, have you ever seen a situation where an FBI Director would usurp the authority of the Department of Justice to make that charging decision and hold a press conference and talk about all of the derogatory information that the investigation had gleaned against a potential defendant and then say now we are not going to--no reasonable prosecutor would indict her? Have you ever seen anything like that happen before? General Barr. No, I have never seen that, and I thought it was a little bit--more than a little bit. It was weird at the time. But my initial reaction to it was, I think Attorney General Lynch had said something--you know, she was under pressure to recuse herself, I think, because of the so-called tarmac meeting. And I think she said something like she was going to defer to the FBI. So my initial reaction to that whole thing was, well, she must have agreed or it must have been the plan that he was going to make the decision and go out and announce his decision. Senator Cornyn. Under the normal rules, if the--if the Attorney General has a conflict of interest---- General Barr. It would go to the Deputy. Senator Cornyn. It would go to the Deputy. General Barr. Correct. Senator Cornyn. Not to the FBI Director to make that decision. Correct? General Barr. Right. So that is why I thought it was very strange, but I think later it became clearer, to the extent there was anything clear about it, that I do not think Attorney General Lynch had essentially delegated that authority to the Director. And I think Jim Comey, as I have said, is an extremely gifted man who has served the country with distinction in many roles, but I thought that to the extent he actually announced a decision was wrong. And the other thing is if you are not going to indict someone, then you do not stand up there and unload negative information about the person. That is not the way the Department of Justice does business. Senator Cornyn. I was shocked when Mr. Comey later wrote a letter saying that based on the discovery of Clinton emails on the Weiner laptop, that they were reopening the investigation that he had already announced closed. And then, finally, just days before the general election--November the 6th, 2016--said we did not find anything on the laptop that would change my conclusions based on the press conference of July the 6th. Did you likewise find that to be an extraordinary, I will use the word, ``bizarre,'' but certainly unprecedented event? General Barr. Yes, the whole sequence was very herky-jerky and bizarre. But at that time, I was a little of a contrarian in that I basically took the position that once he did what he did in July and said the thing was over and then found out it was not over, he--you know, he had no choice but to correct the record. So I said that he had no choice but to do what he did, but it sort of shows you what happens when you start disregarding the normal procedures and established practice is that you sort of dig yourself a deeper and deeper hole. Senator Cornyn. Why is it that the Department of Justice rules, which also apply to the FBI, make it clear that our chief law enforcement agencies in this country should not get tangled up in election politics? Are there policies in place that try to insulate the investigations and the decisions of the Department of Justice and FBI from getting involved in elections? General Barr. Yes, Senator, there are. Senator Cornyn. And why is that? General Barr. Well, obviously, because the incumbent party has their hands on the--among other reasons, they have their hands on the levers of the law enforcement apparatus of the country, and you do not want it used against the opposing political party. Senator Cornyn. And that is what happened when the counterintelligence investigation of the Trump campaign began in late July and continued on through, well, presumably, to Director Comey's firing and beyond? General Barr. Well, I am not in a position to, you know, make a judgment about it because I do not know what the predicate was for it. I think I said, you know, it is strange to have a counterintelligence investigation of a President. But I am not--you know, I just do not know what the predicate is. And if I am confirmed, I assume I will find out. Senator Cornyn. Rod Rosenstein's memo recommending the termination of James Comey as FBI Director was dated May the 9th, 2017. It is entitled, ``Restoring Public Confidence in the FBI.'' I take it you have read the memo, and do you agree with its conclusion? General Barr. I completely agree with Rod Rosenstein. And I thought the important point he made, from my standpoint, was not the particular usurpation that occurred, but it was, as, I think, he says, that Director Comey just did not recognize that that was a mistake. And so it was going to potentially be a continuing problem, his appreciation of his role vis-a-vis the Attorney General. Senator Cornyn. As I have said, the title of the memo is ``Restoring Public Confidence in the FBI.'' Do you agree that restoration of public confidence in the FBI and Department of Justice as an apolitical or nonpolitical law enforcement organization is important? General Barr. It is critical---- Senator Cornyn. And needed? General Barr. It is critical. And that is one of the reasons I am sitting here. I would like to help with that process. Senator Cornyn. Well, Mr. Barr, I think you are uniquely qualified to do that, and I wish you Godspeed. General Barr. Thank you, Senator. Senator Cornyn. It could not be more important. Thank you. Chairman Graham. Senator Durbin. Senator Durbin. Mr. Barr, we have never had a chance to meet, but I welcome you to this Committee. General Barr. Thank you. Senator Durbin. You seem like a rational person, and I would like to ask you a question. When you consider what Jeff Sessions went through as the Attorney General for President Donald Trump, where he was subjected to unrelenting criticism, primarily because, as a matter of conscience, he decided he had a conflict of interest and should remove himself from any decisions by the Special Counsel concerning the Russia investigation; when you consider that this President has lashed out on a personal basis against Federal Judges who ruled against his administration; when you consider the criticism which he has leveled at the chief law enforcement investigative agency, the Department of Justice, the FBI, as well as our intelligence agencies; when you see the exit lanes glutted of those leaving the White House at every single level, why do you want this job? General Barr. Well, because I love the Department and all its components, including the FBI. I think they are critical institutions that are essential to preserving the rule of law, which is the heartbeat of this country. And I would like to think that there was bipartisan consensus when I was last in this position that I acted with independence and professionalism and integrity, and I had very strong and productive relationships across the aisle, which were important, I think, to trying to get some things done. And I feel that I am in a position in life where I can provide the leadership necessary to protect the independence and the reputation of the Department and serve in this administration. Senator Durbin. A number of my colleagues on both sides have asked, and I will bet you will hear more, questions along the line of what would be your breaking point? When would you pick up and leave? When is your Jim Mattis moment, when the President has asked you to do something which you think is inconsistent with your oath? Does that not give you some pause as you embark on this journey? General Barr. It might give me pause if I was 45 or 50 years old, but it does not give me pause right now. Because I had very good life--I have a very good life. I love it. But I also want to help in this circumstance, and I am not going to do anything that I think is wrong. And I will not be bullied into doing anything I think is wrong by anybody, whether it be editorial boards or Congress or the President. I am going to do what I think is right. Senator Durbin. You have a very nice family behind you. General Barr. Thank you. Senator Durbin. I am glad you introduced them. General Barr. Thank you, Senator. Senator Durbin. And I do not want to give your grandson any career advice. He has received quite a bit this morning already. But he ought to consider, at least, for some balance, being a Public Defender. [Laughter.] Senator Durbin. One of the things that you alluded to as a major issue of concern is immigration, and I am glad you said it. Our Government is shut down now over the issues of border security and immigration. And the Attorney General plays a central role, which many people do not know, as they look at the Department of Homeland Security for most of the action on the issue of immigration. I was surprised at the exit interview by General Kelly when he said, and I am paraphrasing, that Attorney General Sessions was responsible for the zero-tolerance policy that was announced in mid 2018. And that it was because of that policy, that was one of the reasons why he was being asked to leave. That is the first I had ever heard. Are you familiar with the zero-tolerance policy? General Barr. Generally, Senator, yes. Senator Durbin. I can tell you that it was an effort to take escorted children--infants, toddlers, and children--and forcibly remove them from their parents at the border. This policy by our Government separated up to 2,800 of those children and put them into the system, the same system as unaccompanied children. The results were horrible. I saw them firsthand. And you have alluded in your opening statement to stopping people from crashing through the border, breaking and flouting the laws. Those young children, for the most part, were being brought to this country by their parents to seek asylum. You can present yourself at America's border and seek asylum legally, can you not? General Barr. Yes, Senator, you can. Senator Durbin. So separating those children from their parents in an effort, as Attorney General Sessions explained, to get tough with families presenting themselves at the border, was a policy decision on his part. Do you agree with that policy decision? General Barr. Well, I am not sure I know all the details because one of the disadvantages I have is I am not in the Department and do not really have the same backing I did in terms of information that I had last time. But my understanding is that DHS makes the decision as to who they are going to apprehend and hold. Now you can claim asylum, but that does not mean you can waltz into the country freely. Senator Durbin. No, of course not. General Barr. Okay? And you have to be processed. And my understanding is a majority of people do not qualify for asylum. But DHS makes the decision who to hold and charge with the crime of illegal entry, and then they refer it to the Department of Justice. And I believe the Department's policy, when they say--when the Department says zero tolerance, they are saying whatever DHS refers to us in the way of illegal entry prosecutions we will prosecute. Now, now what is being done, because I think the administration has changed the policy, is DHS is not referring for prosecution family units that would lead to the separation of children from the family unit. Senator Durbin. It is true that the President and the administration abandoned the policy after there was a public reaction to the separation of these children. I am concerned--I want to go back to your University of Virginia Miller Center speech, which is---- General Barr. It is a gem, is it not? [Laughter.] Senator Durbin. It is a classic. And it goes back many years. But you described your previous tenure as the Attorney General, and you said, ``After being appointed, I quickly developed some initiatives on the immigration issue that would create more border patrols, change immigration rules, streamline processing. It would, furthermore, put the Bush campaign ahead of the Democrats on the immigration issue, which I saw as extremely important in 1992. I felt that a strong policy on immigration was necessary for the President to carry California, a key State in the election.'' That is a pretty revealing statement about a political agenda. General Barr. Yes, and there is nothing wrong with that. Because as I have said, you know, the Attorney--and I have spoken on this a number of times. There are sort of three roles the Attorney General plays. One is, the enforcer of the law. In that, the role of the Attorney General is to keep the enforcement process sacrosanct from political influence. The second one is, as legal adviser, and that is in the Judiciary Act of 1789, legal adviser to the President and the Cabinet. And there, I say the Attorney General's role is to provide, you know, unvarnished, straight from the shoulder legal advice as to what the Attorney General believes is the right answer under the law. And then the third role is, the policy role, which is law enforcement policy, which includes immigration policy. And there you are a political subordinate of the President, and it is okay to propose policies that are politically advantageous. Senator Durbin. Well---- General Barr. But I have to say that--you know, that was casual conversation. The point was I was pursuing a strong immigration policy, even when I was Deputy, long before the election was on the horizon. And in traveling around the country, visiting the border, paying a lot of visits to California, I saw how important the issue was, and I thought the administration has to be more responsive to it. And yes, there was a political benefit to it. Senator Durbin. I just have a short time left. The Chairman, our new Chairman--congratulations--Graham noted 10 years of work by a number of us on this Committee on a bipartisan basis to deal with criminal sentencing and prison reform. And the First Step Act signed by the President around Christmas, I think, is a significant departure. I learned, as many have, that the approach, the ``get tough'' approach that we imposed with 100-to-1 sentencing disparity between crack and powder did not work. Did not work. The number of drugs being sold on the street increased. The price of the drugs went down. The people being incarcerated went up dramatically. And we learned the hard way that was not the way to deal with the issue, and now we are trying to clean up 10 years later, more--25 years later, from the 100-to-1 disparity. I voted the wrong way on 100-to-1. Now I know, in retrospect. You have made some hardline statements about this issue and criminal sentencing in the past, and many of us believe on a bipartisan basis we have got to look at this anew and not repeat these mistakes again. So I would like to hear your assurance that you are--you have learned, as I have, that there is a better way, could be a more effective way. And that as Attorney General, you will help us implement the First Step Act and design the second step? General Barr. Absolutely, Senator. From my perspective, the very draconian penalties on crack were put into place initially because when the crack epidemic first hit, it was like nuclear weapons going off in the inner city. And as I think you will recall, a lot of the community leaders at that time were saying you have got to--you know, this is killing us. You have to do something. So the initial reaction of draconian penalties was actually, you know, trying to help those communities. And over time and now the same leaders are saying to us this has been devastating. You know, generation after generation of our people are being incarcerated--have been incarcerated and lost their lives because of this, and you have to change the policies. And I think that that is--we should listen to the same people we were listening to before. I supported generally strong penalties on drugs because-- not just crack--because I felt the money involved was so high that, you know, you needed something to counteract that. I also said repeatedly, over the years of the drug war, that I felt that the head of the snake is outside the country. And the place to fight this aggressively is at the source more than on the street corner, and I used to say we could, you know, stack up generation after generation of people in prison, and it will still keep on coming. And so I always felt that--and I support an adjustment to these sentences and the safety valve and so forth. To me, the corollary is we have to really start thinking and using all our national forms of power in the sense of our diplomacy and our, you know, economic leverage and so forth to get better results overseas. So, for example, now fentanyl is sort of the new crack. Fentanyl and fentanyl analogs are sort of the new crack, and they are coming in from China. So---- Senator Durbin. Across the Mexican border. General Barr. Correct. Correct. Senator Durbin. At ports of entry, 90 percent. General Barr. So that is a long-winded answer to your question, which is I understand that things have changed since 1992. I--you know, I held on a little bit longer to keeping strong sentences maybe than others. Part of that was I was not involved in the business anymore. I was not at Justice Department looking at reports and studies, learning about different things in the country. I was, you know, arguing with the FCC about telecommunications rules. So---- Chairman Graham. Mr. Barr? General Barr. Yes? Chairman Graham. That was a great answer, and it was long- winded. General Barr. Okay. [Laughter.] Chairman Graham. Senator Lee. Senator Lee. Mr. Barr---- Chairman Graham. After this, we will break until 12:15 p.m. for lunch and a comfort break. Senator Lee. Mr. Barr, thank you very much for your willingness to spend time with us today and your willingness to be considered for this important position yet again. General Barr. Thank you. Senator Lee. Great to have your family here. And I cannot help but comment. A lot of people have talked about Liam today. Probably more than any of his other friends or classmates, people of his age, cohort, people are thinking about what he might do for a living. Unless some of my colleagues who have suggested medicine, I want to just sort of suggest what I suggested to my three children, which is that I am not going to push them into any career choice, which in our family means that you could be any kind of lawyer you want. [Laughter.] Senator Lee. Just keep that in mind with Liam. I would like to talk to you first about civil asset forfeiture. As you know, civil forfeiture and criminal forfeiture are two very different things, two very different species of Government taking someone's asset. With criminal forfeiture, of course, the Government's ability to take something away is predicated upon a conviction of a crime. With civil asset forfeiture, that happens even in the absence of a conviction. There are some serious questions, of course, regarding the legality and the constitutionality of civil asset forfeiture, and Justice Thomas, for example, has questioned whether some of these practices are constitutional. I was encouraged to note that in your testimony in 1991, you identified this as an issue. When you testified before this Committee, you criticized what you described as the ``speed trap mentality of forfeiture.'' Your point was that, ``Agencies should not feel that just because they seize money, they are going to get the money.'' Now since 1991, I have seen our Government, our law enforcement agencies actually move more toward the sort of speed trap mentality rather than away from it, as many of us would have preferred. Too often, law enforcement agencies have too strong an incentive to use civil asset forfeiture in a way that lines their own coffers outside of the relevant appropriations process. So let me just ask you the question. Do you think that the speed trap mentality is a problem? And if so, is that something that you will work to address within the Department of Justice, if you are confirmed? General Barr. Yes, I think constant vigilance is necessary because, you know, there are incentives there that should be of concern in administering the law. And I understand that there are some, you know, people who are concerned about it, have some horror stories. The people at the Justice Department have been trying to clamp down. I think Attorney General Sessions put out some guidelines that were supposed to address that. I have not gotten into it myself. I plan to get into it and see exactly, you know, what the horror stories are, where the problems and potential abuses are, and also how--whether Attorney General Sessions' guidelines are providing sufficient protection. At the same time, you know, I think it is a valuable tool in law enforcement and the State and local law enforcement officer, our partners, it is very important to them. So I want to make sure we strike the right balance. And once I have a chance to review it, I would be glad to come up and talk to you about that. Senator Lee. Thank you. I appreciate that. I understand that it is a tool that many consider valuable and a--but a tool that can be considered valuable for some of those same reasons. Something that is considered valuable to the Government can in many instances jeopardize an individual right that is protected under the Constitution. We have got to be careful of that. You refer to the partnership that sometimes takes place between State and Federal authorities. This is sometimes where we see it abused. In the case of a procedure known as equitable sharing where sometimes State law might prohibit the use of civil asset forfeiture under certain circumstances, and in those circumstances, those State law enforcement agencies might work with Federal law enforcement for the specific purpose of evading State law that would otherwise prohibit that. So I hope that is something you will look into as well. Let us talk about antitrust for a minute. Along with Senator Klobuchar, I chair the Antitrust Subcommittee. And, as I am sure you are aware, there are a growing number of people who take the position, who embrace the viewpoint that we should use antitrust law to address a whole host of social and economic harms to--among other things, to ensure that companies respect the First Amendment or to prevent large companies from becoming too big or to shape labor markets or conform industries to a particular aesthetic or achieve some other broadly defined social interest. I would like to know what your view is on this. Are you a believer in the sort of ``big is bad'' mentality, or do you gravitate more toward the idea that our antitrust laws are there to protect consumers and should focus on consumer welfare and prices that consumers face? General Barr. Yes. I mean, generally, that is where I stand, which is the purpose of the antitrust laws, obviously, is to protect competition. And that competition--it is competition that ultimately redounds to consumer benefits. At the same time, I am sort of interested in stepping back and reassessing or learning more about how the Antitrust Division has been functioning and what their priorities are. I do not think big is necessarily bad, but I think a lot of people wonder how such huge behemoths that now exist in Silicon Valley have taken shape under the nose of the antitrust enforcers. And you know, you can win that place in the marketplace without violating the antitrust laws, but I want to find out more about that dynamic. Senator Lee. Right. Yes, and in some circumstances, a company that becomes too big ends up behaving in a way and exerting market dominance in a way that impairs consumer welfare anti-competitively. In other circumstances, consolidation can bring about lower prices and increase competition. I assume you would not disagree with either of those statements? General Barr. No, Senator. Senator Lee. As you know, and as several of my colleagues have mentioned, President Trump signed into law the First Step Act about a month ago. This is legislation that I applaud and legislation that I have been working on in one way or another for 8 years and was pleased to team up with Senator Grassley, Senator Durbin, Senator Booker, and others to work on that over the course of many years. As you know, the Attorney General has an important role under the First Step Act in appointing members to something called the Independent Review Commission. That Independent Review Commission will make recommendations concerning which offenders might be eligible for earned credits under this legislation and which programs will be approved. When we drafted this legislation, there were some Members who were concerned that whoever was the Attorney General at the time of this law's passage and implementation might be able to undermine the effectiveness of this law by appointing members who did not agree with or believe in the objectives of the bill. So will you commit to me, Mr. Barr, that you will appoint people to that Independent Review Commission who are honest brokers to decide which offenders should be eligible and which programs should be eligible to participate? General Barr. Yes, Senator. Senator Lee. Thank you. Are you familiar with the Ashcroft-Sessions policy, namely the policy requiring prosecutors to charge the most significant readily provable offense? General Barr. Yes, Senator. Senator Lee. Tell me how that should best be balanced out with the discretion of a prosecutor, most frequently, of course, with the discretion of a local U.S. Attorney's Office. General Barr. Well, I was going to say I think the best way of balancing it out is to have a supervisor who is able to approve departures from that policy based on the specific circumstances. And there are countless different, you know, permutations of facts that might justify a departure from it. So I think it is best handled by supervisory people, but I also think it has to be looked at centrally. I am not saying that each case has to be approved centrally, but there has to be some monitoring of what is going on because, as you know, one of the things that led to the sentencing guidelines was, you know, just difference--big differences in the way the laws were being applied and enforced around the country. And I think we need to try to strive for as much uniformity as we can. Senator Lee. But you intend to continue that policy? General Barr. Yes. Senator Lee. And---- General Barr. Unless someone tells me a good reason not to. Senator Lee [continuing]. If I'm understanding you correctly, you are saying that if you do follow it, you will defer to the judgment of the office in question in the case of determining when to not charge the most serious readily provable offense? General Barr. No. I mean I will not defer to my--I mean, I am not going to say, yes, I will defer to my subordinate. I mean, usually you do defer to your subordinates. But there might be a case I disagree with, and I will assert myself on it. Senator Lee. Okay. I see my time has expired. Thank you, sir. Chairman Graham. Thanks, Senator Lee. We will take a recess to 12:15 p.m. and start with Senator Whitehouse when we come back. [Whereupon the Committee was recessed and reconvened.] Chairman Graham. The hearing will come to order, and I recognize Senator Whitehouse. Thank you, Mr. Barr. Senator Whitehouse. Thank you, Chairman. This is my first chance at a Committee hearing to congratulate you on taking the gavel here. We worked well together when you were Chairman of the Crime and Terrorism Subcommittee, and I hope that that will continue here. Mr. Barr, welcome. Did you make it a condition of taking this job that Rod Rosenstein had to go? Just to be clear, so we are not bandying words here, did you request or signal or otherwise communicate in any way that you wanted Rod Rosenstein to go? General Barr. No. The President said that the decision on the Deputy was mine. Anything I wanted to do on the Deputy was fine. Senator Whitehouse. So we will find no William Barr fingerprints on Rosenstein's departure. General Barr. No. Rod and I have been talking, you know, about his plans. He told me that he viewed it as a 2-year stint and would like to use, if I am confirmed, my coming in as an occasion to leave. But we talked about the need for a transition, and I asked him if he would stay for a while, and he said he would. And so, as of right now, I would say there is no--he has no concrete plans, I have no concrete plans in terms of his departure. Senator Whitehouse. And you---- General Barr. We are going to sort of play it by ear and see what makes sense. Senator Whitehouse. And you have not undertaken to run him out in any way. General Barr. Absolutely not. Senator Whitehouse. That leaves an opening at the DAG position whenever you work this out. Can you tell us, since Attorneys General are very often defined by the immediate appointments around them, at chief of staff, DAG, criminal chief, what are the characteristics and qualifications that you will seek as you fill particularly that position, but all three that I mentioned? General Barr. I am sorry, the Deputy and what was the other one? Senator Whitehouse. Deputy, chief of staff, and criminal chief. General Barr. There is already a criminal chief. Senator Whitehouse. I know, yes. Already a Deputy Attorney General, but he is leaving. General Barr. Well, for a Deputy, I would like someone who is a really good manager and who has good management experience running Government programs. And I want a first-rate lawyer and someone I--whose judgment I feel comfortable in. Senator Whitehouse. Experience in the Department? General Barr. Not necessarily, but experience in Government at a high level. Senator Whitehouse. When we met, I gave you a letter that you have seen just so none of these questions would be a surprise, so I hope it is no surprise to you that I am going through some of them. If you are confirmed, what will be the Department's rule regarding communications between White House and Department of Justice officials regarding criminal and investigative matters? Who at DOJ will be allowed to have those conversations with the White House, and who at the White House will you entertain those conversations from at DOJ? General Barr. So, you know, I have looked through the existing regime, and my instinct is to keep it, maybe even tighten it up a little bit more. I remember when George W. Bush's administration was coming in, my advice was start tight, and then as you realize who has judgment and so forth---- Senator Whitehouse. Yes. General Barr [continuing]. You can go back to a---- Senator Whitehouse. They went the other way, and it was a bad day for Attorney General Gonzales in the hearing room when that was brought to his attention. What is your understanding right now of who at the Department of Justice is authorized to have communications with the White House regarding investigations? General Barr. Well, it depends--it depends what it is, but on criminal matters I would just have the AG and the Deputy. Senator Whitehouse. And what do you think the rule is now in the Department? General Barr. I think that is what it is. Senator Whitehouse. Okay. So if the reports are true that as chief of staff, Mr. Whitaker was involved in conversations with the White House about bringing criminal investigations against the President's political enemies, that would not be consistent with your understanding of that policy. General Barr. Well, it would depend upon, you know, what his understanding is with the Attorney General. I mean, the---- Senator Whitehouse. Well, the Attorney General was recused, so hard to step into the shoes of a recused Attorney General matter, right? General Barr. Well, I do not know what the communication is related to. I am not really sure what you are talking about. Senator Whitehouse. Okay. I hope you will become sure when you get there because there is a fair amount of, I think, questionable behavior that has gone on that does not reflect well on the Department that I hope will get your attention. I also asked you about the Special Counsel investigation and to give us a clear exposition of how that memo came to be: who you talked to, when, who was involved in it. There were a number of questions in that letter that at this point you have not answered. You have, I gather, told the Chairman the names of some dozen or so people whom you contacted, as I understand it, once the memo was written, but it is not clear. Do you have any objection to answering the questions that I wrote as questions for the record so that the Committee can understand who you worked with, who you talked with about this idea, who you worked with in preparing the memo, who helped you with things like citations that people at your level do not often do yourselves, and where it was circulated and vetted, and what edits were made, and so forth? General Barr. No, I have no objection to that. Senator Whitehouse. Great. [The information appears as a submission for the record.] General Barr. But I---- Senator Whitehouse. We will expect you---- General Barr. Just to--just to be clear, no one helped me write the memo, and I know how to do legal citations, which I do. Senator Whitehouse. Well, a lot of people know how, but that does not mean they always do it. General Barr. I do it. I did. Senator Whitehouse. Okay. General Barr. Okay. Senator Whitehouse. You might want to get out of that habit. [Laughter.] Senator Whitehouse. You may have other things to look at. General Barr. I'd like to have some fun in life. Senator Whitehouse. If you think citations are fun, you are going to---- [Laughter.] Senator Whitehouse. You are not going to have the problem some other nominees have had. My letter to you also asked about the Bork Order that set out a series of protections for the then-Independent Counsel operation. Do you have any objection to any of those rules or principles applying, and should we see those rules and principles, which I gave to you then, as being more or less adopted into the statement that you made earlier about your protection of the Mueller investigation from political interference? General Barr. You know, I looked at them. I think the current regime is what I am happy with. In other words, I would not--I would not change the current rule that we are--those rules were put in place at the end of the Clinton administration, and sort of, I think, reflects the back-on-back experience of the Reagan/Bush years and then the Clinton years, and then sort of Justice Department's thinking under the Clinton administration as to how to balance all the equities. And I think it is working well. So that is--that is---- Senator Whitehouse. Well, if there is anything that you would disagree with in the so-called Bork Rules, I would ask you to explain that in a---- General Barr. In a follow-up? Senator Whitehouse. In a follow-up. General Barr. Okay. Okay. [The information appears as a submission for the record.] Senator Whitehouse. Now, also in my letter to you, I expressed my concern that Mr. Whitaker was paid $1.2 million through what I consider to be a front group that has very little reality to it, and that the funding that came to that front group to pay him the million dollars came through another entity that is essentially an identity-laundering operation that has no independent business operation. And the result of all of this is that somebody out there arranged to get over a million dollars to Mr. Whitaker, and we have no idea who that somebody is. And as I mentioned to you in our conversation, I do not see how the Department can do a proper recusal and conflict analysis for somebody when the player who delivered the million dollars is still hidden behind the curtain. Is that something that you will help us fix? General Barr. Well, first, you know, I do not think there was anything wrong done or, at least---- Senator Whitehouse. Well, we do not know that yet because we do not know what the facts are. General Barr. Yes. Well, I am just saying just the facts that you have said, you know, does not necessarily mean there was anything wrong done. What you are saying is that if the ultimate financial backers are behind some entity and the current ethics laws require only the reporting of the entity, you are not really sure where the money is coming from. And that--you know, I think that that raises a very interesting point that, I think, I would like to review with the ethics people and experts and even OGE to talk about that because I-- the more I thought about it, the more I thought that the trick is going to be deciding what kind of entities and how far back you go because that can be said of a lot of different kinds of entities. Senator Whitehouse. Yes. General Barr. And sometimes you have first---- Senator Whitehouse. I would submit to you that if the Department's money laundering folks looked at this operation, they would see it as almost amateurish and simple and something quite easy to penetrate, and it would be quite easy simply to ask Mr. Whitaker what he knew, to ask whoever is still at FACT, if it even has any existence with Whitaker's departure, what they knew, and to ask Donor's Trust to cough up the identity of the donor, and then you can do your homework. And if they refuse to do that, nothing guarantees anybody a job at the highest levels of Government who is not willing to provide those disclosures. General Barr. Well, as I said, you know, one of the--my first consideration always is, where do you--where do you draw the line, and also what are the implications for other kinds of entities because, you know, there are membership groups and First Amendment interests---- Senator Whitehouse. Yes. General Barr [continuing]. And you do not want to disclose memberships and who support---- Senator Whitehouse. Yes. My point was, I think, if your money laundering folks took a look at that, they would be able to help show that this is something that looks a little bit different than that. My time has expired and see you in the second round. Thank you. Senator Grassley [presiding]. Senator Sasse. Senator Sasse. I believe Senator Ernst is filling in for Senator Cruz next. Thank you, Mr. Chairman. Senator Grassley. Okay with me. Senator Ernst. Thank you. Mr. Barr, I want to commend you for stepping forward. Thank you very much. And I want to say thank you to your family as well for being so supportive in this endeavor. I am really pleased to have all of you here, so thank you for doing that. Mr. Barr, later this month I do plan on reintroducing Sarah's Law, which is a bill that would require the detention of illegal aliens who have been charged with a crime that resulted in the death or serious injury, bodily injury, of another person. Now, that sounds pretty common sense, but I will give you a little background. This bill is named after Sarah Root. She was a resident of Council Bluffs, Iowa, and Sarah was killed by an illegal alien who was driving drunk. And that alien had a blood alcohol content of more than 3 times the legal limit, yet he was allowed to post bond and has not been seen since. It is important to me that Congress act to close these loopholes in our immigration system and do better to enforce the laws that are already existing on the books. And I know that Attorney General Sessions, he had a real passion for this, and he had a strong record of trying to make sure that we are correcting wrongs in the system. How do you, as Attorney General, plan on making sure that we are restoring the rule of law in our immigration system? General Barr. Well, first, that sounds like a very commonsensical bill---- Senator Ernst. Yes, thank you. General Barr [continuing]. And something that I would certainly be inclined to support. I think one of our major problems, as the--as the President says, is that the immigration laws just have to be changed, and to provide sensible and commonsense ways of processing immigration and claims of asylum. Right now, this goes--this goes all the way-- this goes back 27 years. We were facing exactly the same kind of problem, maybe on a smaller scale. But Congress has--where people are abusing the asylum system, coming in, they are being coached as to what to say, and then once they come in, we do not have the facilities to keep them, and they are released into the population. And this was a big abuse, as I say, 27 years ago, and it is getting--and it has gotten worse. So we need to change the laws to stop that kind of abuse and enable us to run a lawful immigration system where we process people into the country who are entitled to come into the country, and we keep out those that are flouting our laws. And it is long overdue, and the President is right that until we are able to do that, we are just not going to be able to get control over illegal immigration. And it creates a lot of unsafe conditions for many people. Senator Ernst. Absolutely, and I appreciate your thoughts on that. This is a very important issue. I think all of us understand that immigration is so vital to our country, but it has to be done in the right manner. And for those that are causing bodily injury and death to those here in the United States, we want to make sure that they are brought to justice. And in this case, that illegal--undocumented was not brought to justice, and I feel a lot of empathy for that family. I will move into another situation that is really important to Iowans. According to the U.S. Department of Health and Human Services, after drug dealing, human trafficking is tied with-- arms dealing is the second-largest criminal industry in the world, and it generates about $32 billion each year. The Department of Justice has said that 83 percent of sex trafficking victims identified in the United States are U.S. citizens with the average age of a victim being between 12 and 14 years. Twelve and 14 years. Since 2007, there have been over 300 cases of human trafficking in Iowa alone, and Iowa is a very rural State. Three hundred cases. That is very concerning to my constituents back home. What do you see as the main contributor to human trafficking here in the United States, and then how can the DOJ impact and combat and prevent those heinous crimes? General Barr. This is a--this is an area that, frankly, was not very much on the radar scope of the Department of Justice when I was last there. I know it is--and it is an abhorrent area of criminality that I know the Department and Attorney General Sessions have been focused on and have put in place various programs and entities within the Department to focus on it and work with State and local law enforcement on it. I am not sure what the--what the major contributor to it is. It is an area that I am going to have to study when I get into the Department and see what are the factors contributing to it. Senator Ernst. Okay. I appreciate that, and as I mentioned in my question as well, drugs and drug trafficking, that is also a very, very big industry. And in Fiscal Year 2017, 65 percent of drug-related prison sentences in Iowa were related to methamphetamine. We talk a lot about the opioid crisis, but in Iowa it still is meth. In 2016, Iowa reported over 1,500 founded child abuse reports relating methamphetamine being found in the child's body. According to the DEA, most of the meth available in the United States is being produced in Mexico and smuggled across our southern border. How do you see the situation at our southern border contributing to the prevalence of controlled substance use here in the United States? General Barr. Well, as been pointed out earlier, it is the major avenue by which drugs come into the country. Heroin, fentanyl, all the serious drugs are coming across that border. And, again, I feel it is a critical part of border security that we--that we need to have barriers on the border. We need a barrier system on the border to get control over the border. And I think--obviously there are some places that more of the traffic comes over than others, but unless you have a system across the border, you are not going to be able to deal with it because you will just displace it. If you build a barrier in one place, you will just displace it to another. So we need a barrier system across the border to--part of that is illegal immigration, but a big part of it also is preventing the influx of drugs. Senator Ernst. Absolutely. And you stated earlier that really, the head of the snake lies outside of the United States. Is there a way that DOJ can be working with additional ideas, methodology with other departments that you might think would help? General Barr. Yes. You know, this is an area--again, because I am out of the Government, I do not know how it is functioning, how the drug war is being coordinated. But I think Justice can play a big role in pushing for partners like the State Department, Defense Department, the intelligence agencies, and so forth to help deal with this. It is not, to me, not just a law enforcement problem. It is a national security problem. Senator Ernst. Yes. And you mentioned, as well, the situation on the border: where we do need barriers in place to control the influx of, whether it is drugs, human trafficking, gun trafficking, so forth. Do you believe that sanctuary cities play a role in harboring some of those activities? General Barr. Yes, I do. I think there are a number of sort of--you know, of factors that have a hydraulic effect in that they pull people into the United States or induce them to make--you know, take the hazards of coming into the United States and coming up hundreds of miles through Mexico and so forth. And things like sanctuary cities, where they feel that they will be able to come up and hide and be protected is one of those factors that I think is irresponsible because it attracts the illegal aliens coming in. And obviously I think that the main problem with sanctuary cities is that they are not giving us information about criminals that they have in their custody. This is not chasing after, you know, families or anything like that. This is going after criminals who the State and local law enforcement have in custody and not allowing us to take custody of them and get them out of the country. That is the problem with sanctuary cities. Senator Ernst. Correct, which could be the situation with Edwin Mejia, who killed Sarah Root. So we would love to see that young man brought to justice. Thank you very much for your time. Chairman Graham [presiding]. Thank you. Just to follow up on that with--Senator Klobuchar. Do not count this against her time. So you are saying that you want access to people who have committed crimes or are accused of committing crimes outside of a status violation. Is that what---- General Barr. That is right, Senator. Chairman Graham. Senator Klobuchar. Senator Klobuchar. Thank you. Thank you, Mr. Barr. I take it as a positive that your grandson has gotten out a pen and a pad of paper to take notes during my questions. [Laughter.] Senator Klobuchar. I am also impressed by your daughters and that they all chose to go into public service. But as you know, employees of the Justice Department now are either furloughed or they are working without pay. And I have talked to a number of them at home, and it is an outrage. Very briefly, what do you have to say to them? General Barr. I would--I would like to see a deal reached whereby Congress recognizes that it is imperative to have border security, and that part of that border security as a commonsense matter needs barriers. Senator Klobuchar. And you are aware that in the comprehensive Senate immigration bill that we passed, there was literally billions of dollars for border security back in 2013? General Barr. I am generally aware of that. Senator Klobuchar. And that, also--we had an agreement earlier last year which would allow the DREAMers to stay legally that also had money for border security? General Barr. The point is, we need money right now for border security---- Senator Klobuchar. Yes, but we have---- General Barr [continuing]. Including a--including barriers, and walls, and slats, and other things. Senator Klobuchar. Yes. General Barr. Anything that makes sense in different--in different areas of the border. Senator Klobuchar. Okay. In different areas. That is a good point. So President George H.W. Bush said back in 1980 that he did not want to see 6- and 8-year-old kids being made to feel that they are living outside the law, and you were his Attorney General. He also said that immigration is not just a link to America's past, but it is a bridge to America's future. Do you agree with those statements? General Barr. Yes. I think--as I said, I think legal immigration has--we have a great system--I think it needs reforming, but legal immigration has been good for the United States. It has been great for the country. Senator Klobuchar. And that is why we were trying to work on that comprehensive reform. I want to just briefly turn to FBI leadership. The President has made statements accusing the FBI of making politically motivated decisions. Many of us up here and in the Senate have confidence in Director Wray and the leadership at the FBI and believe they can do their jobs without politics getting in the way. Do you agree with that? General Barr. I am looking--if I am confirmed, I am looking forward to getting to know Chris Wray. From what I know, I think very highly of him. Senator Klobuchar. Okay. Thank you. In the memo from back in June--the one comment that Senator Grassley made, he talked about how much the Mueller investigation was costing. And I actually did a little Googling here, and there was a CNBC report that it actually could bring in more money than it costs because of the wealthy people being prosecuted, that Manafort's assets could be well over $40 million. I do not know if that includes that ostrich jacket. But do you think that is possible based on your experience with white-collar crime? General Barr. I do not know enough about it. Senator Klobuchar. Okay. In your memo, you talked about the Comey decision, and you talked about obstruction of justice, and you already went over that, which I appreciate. You wrote on page 1 that a President persuading a person to commit perjury would be obstruction. Is that right? General Barr. Yes. Senator Klobuchar. Okay. General Barr. Well, you know, any person who persuades another---- Senator Klobuchar. Any person. General Barr. Yes. Senator Klobuchar. Okay. You also said that a President or any person convincing a witness to change testimony would be obstruction. Is that right? General Barr. Yes. Senator Klobuchar. Okay. And on page 2, you said that a President deliberately impairing the integrity or availability of evidence would be an obstruction. Is that correct? General Barr. Yes. Senator Klobuchar. Okay. And so, what if a President told a witness not to cooperate with an investigation or hinted at a pardon? General Barr. You know, I would have to know the specific-- I would have to know the specific facts. Senator Klobuchar. Okay. And you wrote on page 1 that if a President knowingly destroys or alters evidence, that would be obstruction. General Barr. Yes. Senator Klobuchar. Okay. So, what if a President drafted a misleading statement to conceal the purpose of a meeting? Would that be obstruction? General Barr. Again, you know, I would have to know the--I would have to know the specifics. Senator Klobuchar. You would seek the advice of career ethics officials in the Department of Justice for any recusal, and I appreciate that. And you said in the past that you commended Attorney General Sessions for following the advice of those ethics lawyers, but you did not commit today to following that advice. Is that right? General Barr. No, I did not--I did not commend him for following the advice. As the Agency had, he makes his--he is the one responsible for making the recusal decision. I do not know why he said--locked himself into following the advice. That is an abdication of his own responsibility. Senator Klobuchar. So what did you think about what Acting Attorney General Whitaker did when he rejected the Justice Department's ethics advice to recuse himself out of an abundance of caution? General Barr. I have not seen the advice he got, and I do not know the specific facts. But an abundance of caution suggests that it could have gone either way. Senator Klobuchar. You have committed to recuse yourself from matters involving the law firm where you currently work. Are you aware of any of your firm's clients who are in any way connected to the Special Counsel's investigation? General Barr. I am not--I am not aware. You know, I--to tell the truth, I am Of Counsel there, and I have one client which I am representing, and I do not pay very much attention to what else is going on. Senator Klobuchar. Okay. Well, you can also supplement that. General Barr. Yes, I will supplement my answer. Senator Klobuchar. Okay. No problem. [The information appears as a submission for the record.] Senator Klobuchar. Will you commit to make public all of the report's conclusions--the Mueller report--even if some of the evidence supporting those conclusions cannot be made public? General Barr. You know, that certainly is my goal and intent. It is hard for me to conceive of a conclusion that would, you know, run afoul of the regs as currently written. But that is certainly my intent. Senator Klobuchar. Secure elections. You and I had a talk about that in my office. Do you think backup paper ballots are a good idea? This is a bill that Senator Lankford and I have introduced with Senator Graham and Senator Harris. General Barr. Yes, I do not know what is a good idea and what is a bad idea right now because I have not gotten into this area. But---- Senator Klobuchar. Okay. Well, I will just tell you, backup paper ballots is a good idea. General Barr. Okay. Senator Klobuchar. And we can talk about it later as well as---- General Barr. Yes. Senator Klobuchar. Audits, along the lines of voting, State election officials in North Carolina, as you know, contacted the Justice Department about the integrity of their elections. The Justice Department may have failed to take action in a timely manner. What steps would you take to make sure these failures do not occur again? General Barr. Not specifically with respect to North Carolina. You are talking generally. Senator Klobuchar. Yes. General Barr. Yes. Well, as I say, I want to make one of my priorities the integrity of elections. And so, this is not an area I have been involved with deeply before. And when I get to the Department if I am confirmed, I am going to start working with the people and making sure that those kinds of things do not happen. Senator Klobuchar. Part of this, of course, is also voting rights and our concern about some of the changes in Department policy. And I hope you will seriously look at that because the last thing we should be doing is suppressing voting, and that is what we have been seeing under this current administration. My dad was a reporter, so I grew up knowing the importance of a free press. We obviously have the tragic case of a journalist who worked right here at The Washington Post, Jamal Khashoggi, and it is a particular concern. So I want to ask you something I asked Attorney General Sessions. If you are confirmed, will the Justice Department jail reporters for doing their jobs? General Barr. I think that--you know, I know there are guidelines in place, and I can conceive of situations where, you know, as a--as a last resort and where a news organization has run through a red flag or something like that, knows that they're putting out stuff that will hurt the country. There might be a--there could be a situation where someone would be held in contempt, but---- Senator Klobuchar. Well, Attorney General Sessions had said he was going to look at potentially changing those rules at one point, so I would like you to maybe respond in writing to this because that was very concerning. [The information appears as a submission for the record.] Senator Klobuchar. And last, when you and I were in my office, we talked about your work with Time Warner with this major merger on appeal from the Justice Department. And I just wanted you to commit today to me in the office that you would recuse yourself from any matters regarding that appeal. General Barr. Absolutely. Senator Klobuchar. Okay. And, as you know, you were on the board of Time Warner at the time, and you signed a sworn affidavit questioning whether the Justice Department's decision to block the merger was politically motivated, ``given''--and this is from the affidavit--``the President's prior public animus toward the merger.'' Are you talking here about his view on CNN? What did you mean by ``prior public animus''? General Barr. I am sorry. Could you repeat that? Senator Klobuchar. Sure. You were on the board of Time Warner, and you signed a sworn affidavit questioning whether the Justice Department's decision to block the merger was politically motivated, ``given the President's prior public animus toward the merger.'' And so, what did you mean by that? General Barr. I mean that the affidavit speaks for itself, and that at that meeting I was concerned that the Antitrust Division was not engaging with some of our arguments, and I got concerned that they were not taking the merits as seriously as I would hope they would. But I have no--I am not sure why they acted the way they did. Senator Klobuchar. Okay, very good. And I will ask you more on antitrust policy-wise in the second round, and I appreciated the discussion we had on that. It is very important. Thank you very much. General Barr. Okay. Chairman Graham. Thank you. Senator Hawley did a good thing by allowing Senator Ernst to go because no good deed goes unpunished around here, but you do have a credit with the Chairman, so I appreciate that. Senator Cruz, you are next. Senator Cruz. Thank you, Mr. Chairman. Thank you, Senator Hawley, as well, and welcome to the Committee. Welcome to all the new Members of the Committee. And congratulations, Mr. Chairman. We are looking forward to the Lindsay Graham Chairmanship of Judiciary, and I am sure if---- Chairman Graham. They will make a movie about it, I am sure. Senator Cruz. I am certain whatever else happens, it will not be boring. Welcome, Mr. Barr. Congratulations on your nomination yet again. And let me say, thank you. You and I have visited before about this, but the past 2 years have been a difficult time at the Department of Justice, and you and I--and many on this Committee--hold the Justice Department in very high esteem, indeed, I would even say revere the Department and its century- long tradition of enforcing the law without regard to party and without regard to partisanship, and I commend you for your willingness to go back and serve once again. I think that is a good step for the Department, and a good step for strengthening the Department. You know, I would note, 27 years ago, when you did this previously, when you were last nominated to be Attorney General, and I think you may have been about Liam's age at the time, it was a different time. Then-Chairman of the Judiciary Committee, Joe Biden, said at the time, that he found you to be, quote, ``honest,'' and that you, quote, ``understand and are committed to the dual responsibility of the office of the Attorney General.'' Chairman Biden also said, that, quote, ``This commitment to the public interest above all else is a critical attribute in an Attorney General, and I will vote to confirm Mr. Barr.'' Senator Ted Kennedy likewise noted your dedication to public service. Senator Fritz Hollings said, quote, ``Mr. Barr has a distinguished academic background, an impressive experience in the private sector, as well as in public service. Most important, Bill Barr is a known quantity. He has done a truly outstanding job as Deputy Attorney General for the last year- and-a-half, during which time he has worked with many of us in this body, earning our respect for his professionalism and confidence.'' And Senator Kohl said, that, quote, ``Your willingness to discuss the issues is a refreshing change in the confirmation process, and it would be wise of future nominees to follow Mr. Barr's example.'' At that hearing, you were confirmed by this Committee unanimously, as you had been twice previously for senior appointments to the Department of Justice. Now, we all recognize that was a different time. I think, given the environment we are in now, few expect this Committee vote to be unanimous. But I would hope those voices from the past, from Democrats who were respected by Members of this Committee, will be heard today as well. One of the questions you were asked, if I might paraphrase, was why on earth would you take this job? And your answer, if I recall correctly, concerned your commitment both to the Department and the rule of law. Would you tell this Committee, in your judgment, why the rule of law matters? Why is that important? General Barr. Well, you know, as our Framers said in the Federalist Papers, the art of setting up a government is to have a government that is strong enough to perform the functions that the government has to perform while at the same time not being so strong that it can oppress its own people, and the rule of law ensures precisely that the Government does not oppress its own people. And when people are accused of wrongdoing, our system essentially gives them the benefit of the doubt and gives them rights to bring them up essentially to the same level as the Government, and the process we go through is there to ensure that justice is not arbitrary but it is done according to a set of rules, and the basic protection that we have is that the rule that applies to one applies to all. That, at the end of the day, is what keeps us all free. That is the protection of individual freedom. And to me, the rule of law is exactly that, that we do not allow special rules to go into effect for a particular individual. A rule has to be universalized. Anything we do against A has to be universalized across everyone who is similarly situated. That is our basic protection, and to me that is what the rule of law is. Senator Cruz. So, I do not want to see a Republican Department of Justice or a Democratic Department of Justice. I do not want to see a Republican FBI or a Democratic FBI. What we should see, what the American people have a right to see and a right to expect, is a Department of Justice that is committed to and faithful to the Constitution and the laws regardless of political party, and a corollary to that is a Department that is willing to hold anyone who commits criminal conduct accountable regardless of that individual's political party or whatever partisan interest there might be. Would you agree with that characterization? General Barr. Yes, Senator. Senator Cruz. I would note, as well, during the previous administration there was concern by many--including me--on this Committee, that the previous administration, and in particular the IRS, had targeted individual citizens and citizen groups for exercising their First Amendment rights and had abused its power in doing so. In the current Justice Department, I have been dissatisfied with the degree of scrutiny they have given to that potential abuse of power, and I am going to ask you going forward, if you are confirmed, to examine that conduct and ensure that if laws were broken, that individuals are held accountable. Let me shift to a different topic. One of the most important safeguards of our liberties is the Bill of Rights, and the Attorney General has a unique responsibility defending the Constitution. Can you share for this Committee, in your view, the importance of free speech, of the protections that the First Amendment provides to Americans to speak, and even to speak on unpopular or politically disfavored topics? General Barr. I think free speech is at the core of our system because we believe in the democratic process and power shifting through the processes of voting by an informed electorate, and free speech is foundational to the ability to have a democratic process. The Framers, I think, believed that the dialectic, the clashing of ideas in the public marketplace, is the way to arrive at the truth, and that is one function. Another function of free speech is that it is the substitute for other means of settling differences. In some ways it is a safety valve. People are allowed to speak their mind and persuade their neighbors of their position, and I think that performs a very important function in keeping the peace within a community. And if speech is suppressed, it can lead to the building up of pressures within society that sometimes can be explosive. Senator Cruz. How about your views on religious liberty, and would you share your thoughts on the importance of the religious liberty protections in the First Amendment in terms of protecting our diverse and pluralistic society? General Barr. Yes. I think the Framers believed that our system--they said that our system only works if the people are in a position to control themselves. Our Government is an experiment in how much freedom we can allow the people without tearing ourselves apart, and they believed fewer laws, more self-control; and they believed that part of that self- control--and I know there are many people here who disagree, not here but in our society who disagree. But they believed part of that self-control ultimately came from religious values. I think it is an important underpinning of our system that we permit--I believe in the separation of church and state, but I am sometimes concerned that we not use governmental power to suppress the freedoms of traditional religious communities in our country. Senator Cruz. A final question. The Department of Justice is charged with defending the United States, but that does not mean that the Department of Justice always must argue for maximum Federal power. There are important restraints on Federal power, whether civil liberties protections in a criminal context, whether the Takings Clause, or whether the Tenth Amendment and federalism. Can you briefly share your thoughts on the appropriate balance of respecting limitations on Federal power? General Barr. Well, as you say, the Constitution has many different forms of restraint on Federal power. Part of it is, in fact, the separation of powers within the Federal Government. A part of it is the balance between the Federalist system we have and the central Government and respecting the rights of the States and local communities. And part of it is the Bill of Rights, that on certain topics it constrains the role of Federal Government, and those are all important checks on Federal power. I am concerned about our country becoming just a unitary state that we try to govern centrally, 350 million people. I think a lot of our current tensions in society are because we are turning our back on the Federalist model. There are certain things that have to be protected by the Federal Government. There are no ifs, ands, or buts about that. But the more we can decentralize decisionmaking, the more we can allow people real diversity in the country of approaches to things, I think we will have less of an explosive situation. Senator Cruz. I very much agree. Thank you, Mr. Barr. Chairman Graham. The freedom of speech has to be balanced by the freedom to question. Senator Coons. Senator Coons. Congratulations, Chairman Graham. I look forward to working with you in this Congress. And thank you, Mr. Barr, to you and your family for their service to our country through Federal law enforcement and the Department of Justice. You just faced some questioning from Senator Cruz about your own confirmation hearing back in 1991, and I would like to take us back to a previous confirmation hearing which was at a more similar time to today, 1973. Senator Leahy asked you about the confirmation of Elliot Richardson, President Nixon's nominee to be Attorney General. That confirmation took place in the context of a similarly divided period in American history where there was great concern over the, at that point, ongoing Watergate investigation. Elliot Richardson reassured the country by making some important commitments during his confirmation hearing before this Committee. Then-Senator Strom Thurmond asked Richardson if he wanted a Special Prosecutor who would, and I quote, ``shield no one and prosecute this case, regardless of who is affected in any way, shape or form.'' Richardson responded, ``Exactly.'' Do you want Special Counsel Mueller to shield no one and prosecute the case regardless of who is affected? General Barr. I want Special Counsel Mueller to discharge his responsibilities as a Federal prosecutor and exercise the judgment that he is expected to exercise under the rules and finish his job. Senator Coons. Senator Kennedy followed up by asking Richardson if the Special Prosecutor would have the complete authority and responsibility for determining whom he prosecuted and at what location. Richardson said, simply, ``Yes.'' Would you give a similar answer? General Barr. No. I would give the answer that is in the current regulations, which is that the Special Counsel has broad discretion, but the Acting Attorney General, in this case Rod Rosenstein, can ask him about major decisions, and if they disagree on a major decision, and if, after giving great weight to the Special Counsel's position, the Acting Attorney General felt that it was so unwarranted under established policies that it should not be followed, then that would be reported to this Committee. Senator Coons. Forgive me. I have got only 7 minutes left. I have a number of other questions. Let me just make sure I understand you. Senators asked Elliot Richardson what he would do if he disagreed with the Special Prosecutor. Richardson testified to the Committee the Special Prosecutor's judgment would prevail. That is not what you are saying. You are saying---- General Barr. That is not--that is not---- Senator Coons. You are saying if you have a difference of opinion with Special Counsel Mueller, you will not necessarily back his decision. You might overrule it. General Barr. Under the regulations, there is the possibility of that. But this Committee would not--would be aware of it. You know, a lot of water has gone under the dam since Elliot Richardson. A lot of different administrations of both parties have experimented with Special Counsel arrangements, and the existing rules, I think, reflect the experience of both Republican and Democratic administrations and strike the right balance. They are put together in the Clinton administration after Ken Starr's investigation. Senator Coons. That is right. So the current regulations on the books right now prevent the Attorney General from firing without cause the Special Counsel. They require misconduct, dereliction of duty, incapacity, conflict. Will you follow that standard? General Barr. Of course. Senator Coons. What if the President asked you to rescind or change those Special Counsel regulations? General Barr. I think those Special Counsel regulations should stay in place for the duration of this investigation, and we can do a postmortem then. But I have no reason to think they are not working. Senator Coons. So, most famously, when directed by President Nixon to fire the Special Counsel, the Prosecutor investigating Watergate, Richardson, refused and resigned instead, as we all well know. If the President directed you to change those regulations and then fire Mueller, or simply directly fired Mueller, would you follow Richardson's example and resign instead? General Barr. Assuming there was no good cause? Senator Coons. Assuming no good cause. General Barr. I would not carry out that instruction. Senator Coons. Let me bring us forward to your 1991 hearing in front of this Committee. You explained at the time how you would handle the BCCI case; and ironically, Robert Mueller, the same individual, was at that point the head of the Criminal Division, and you testified that you had directed Mueller to spare no resources, use whatever resources are necessary and pursue the investigation as aggressively as possible, and follow the evidence anywhere and everywhere it leads. Would you give similar direction to Robert Mueller today? General Barr. I do not think he needs that direction. I think that is what he is doing. Senator Coons. You also said at that hearing that Robert Mueller and that investigation had full cooperation, full support, and carte blanche. Could he expect a similar level of support from you as Attorney General? General Barr. He will--as I said, I am going to carry out those regulations, and I want him to finish this investigation. Senator Coons. I think we all do, and I am encouraged by things you have said about this and just want to make sure we have had as clear a conversation as we can. Attorney General Richardson also testified the relationship between the President and the Justice Department should be arm's length. You have said similar things about the importance of shielding the Department from political influence. Can you make a similar commitment to us to maintain an arm's length relationship between the Justice Department and the President regarding the Special Counsel investigation and other investigations? General Barr. Well, remember I said that there are like three different functions generally that the Attorney General performs? I think on the enforcement side, especially where matters are of either personal or political interest to people at the White House, then there would be--there has to be an arm's length relationship. The White House Counsel can play a constructive role in that as well. Senator Coons. Let me ask, if the President asked for information that could well be used to interfere with the Special Counsel investigation to misdirect or curtail it in some way, would you give it to him? General Barr. There are rules on what kind of information can flow and what kind of communications can go between the White House, and I would follow those. But the basic principle is that the integrity of an investigation has to be protected. There are times where you can share information that would not threaten the integrity of an investigation, for example when I was Attorney General and we were investigating something that related to President--someone who had a relationship with President Bush. I could just orient them that there is going to be a story tomorrow that says this, but in that particular case, there was no chance that it would affect the investigation. So sometimes judgment calls are necessary. Senator Coons. If you learn that the White House, not directly through you but through other means, was attempting to interfere with the investigation, would you report that information to the Special Counsel and to Congress? General Barr. There are some conclusions in there about interfering. If I thought something improper was being done, then I would deal with it as Attorney General. Senator Coons. Last, in that confirmation hearing back in 1973, then-Senator Birch Bayh of Indiana asked Richardson: ``Suppose the prosecutor determines it is necessary to get the President's affidavit or to have his testimony personally. Would that be the kind of determination he, the Special Prosecutor, could make? '' Richardson said, ``Yes.'' Will you give a similar answer today that you will not interfere with Special Counsel Mueller seeking testimony from the President? General Barr. I think, as I say, the regulations currently provide some avenue if there is some disagreement. I think that in order to overrule Mueller, someone would have to determine-- the Attorney General or the Acting Attorney General would have to determine, after giving Mueller's position great weight, that it was so unwarranted under established policies that it should not be done. So that is the standard I would apply. But I am not going to surrender the--the regulations give some responsibility to the Attorney General to have this sort of general--not day-to-day supervision, but sort of be there in case something really transcends the established policies. I am not surrendering that responsibility. I am not pledging it away. Senator Coons. What gives me pause and sort of led me to this line of questioning, Mr. Barr, was that June 2018 memo you sent to the Deputy Attorney General in which at one point you state Mueller should not be permitted to demand the President submit to interrogation about alleged obstruction. If the Special Counsel wants to subpoena the President's testimony to ask questions about obstruction, and you are supervising the investigation, would you rely on that theory to block the subpoena? General Barr. Well, the question for me would be what is the predicate, you know, and I do not know what the facts are. I do not know what the facts are. If there was a factual basis for doing it and I could not say that it violated established policies, then I would not interfere. But I do not know what the facts are. Senator Coons. Well, if I might just in closing, Mr. Chairman, we are in this unique situation where you have known Robert Mueller for 30 years. You said you respect and admire his professionalism, his conduct. He is been entrusted by you with significant, complex investigations in the past. There is no reason to imagine, since he is the person who would know the facts, that he would not be acting in an inappropriate way. So it is my hope, even my expectation, that you would trust Robert Mueller to make that decision about whether to compel the President to testify in an appropriate way, and that he would not face any interference. Thank you for your testimony today. I look forward to the next round. General Barr. Thank you. Chairman Graham. Senator Sasse. Senator Sasse. Thank you, Mr. Chairman, and congratulations on your new calling here. While I might have career advice, I will not do it on camera. We want to know if you are taking notes for your cousins about career advice that we will ask you later. General, congratulations on your nomination, and thanks for your past service. I had planned to ask you for some pledges related to the Mueller investigation in private to me. In public today, I think you have already done that. How should the American people think about what the Mueller investigation is about? General Barr. I think that there were allegations made of Russian attempts to interfere in the election, and there were allegations made that some Americans were in cahoots with the Russians, and the word that is now being used is collusion. As I understand it, Mueller is looking into those allegations. Senator Sasse. You know, a lot of the media summary of the investigation starts with people's views and who they voted for in the 2016 presidential election. And for those of us who spend a lot of time reading intelligence reports--a handful of us on this Committee are about to leave to go to an intelligence briefing--what Russia is doing to the U.S. is big and broad and not constrained to the 2016 election. And increasingly, it feels like the American people reduce Russia to just how you thought about the 2016 presidential election. So, since you will have serious supervisory responsibilities over parts of the intelligence community, is Putin a friend or a foe, and what are his long-term objectives for the U.S.? General Barr. Well, I do not hold myself out as a foreign policy expert, but I think that he is--I think the Russians are a potent rival of our country, and his foreign policy objectives are usually directly contrary to our goals. I think he wants to weaken the American alliances in Europe, and he also wants to become a player in the Middle East, more of a player in the Middle East. A lot of his foreign policy objectives are at odds with ours. At the same time, I think the primary rival of the United States is China. I think, you know, Russia is half the size it was when we were facing them at the peak of the cold war. Their economy is--long-term prognosis is nowhere near China's. I also feel that part of what Russia is up to is trying to hold onto Ukraine and Belorussia in their orbit. But I am concerned that the fixation on Russia not obscure the danger from China. Senator Sasse. I want to ask you some China questions as well. I want to ask about your role on the President's Intelligence Advisory Board. But sticking with Russia for a minute, does Putin have any long-term ideological alignment with the U.S., or does he have other objectives, trying to sow discord broadly here? General Barr. You know, I am not an expert on this area, but I think there are--I think there may be some potential areas where our interests could be aligned. Senator Sasse. But when he interferes here, does he have long-term interests in the success of one or another political party, or does he have specific interests in sowing chaos and discord to make Americans distrust one another? And one of the reasons I ask is, because I would love to have you say in public some of what you said to me, about at the end of this investigation, what happens next. Are you concerned that when the Mueller report is received, quite apart--the narrowest pieces--you know where I am headed. General Barr. So, I mean, I think that the basic vulnerability of the United States in the age in which we live, the internet age, the globalization of information and so forth, is the vulnerability that we are seeing, which is people can create doubt, undercut confidence in our election process, and also torque our public discourse in ways that we find hard to perceive, and this has long-term danger for the United States and the survival of a democratic society like ours. And so I hope that whatever the outcome of the Mueller investigation, that we view this as a bigger problem of foreign interference in our elections, which is why I said it was one of my priorities, and it is not just the Russians. It is other countries as well, and we have to focus on that. We have to ensure that we are doing all we can. I am not sure all of that is defensive either. I mean, in terms of law enforcement, I think we have to look at all options, including sanctions and other options to deter organized efforts to interfere in our elections. Senator Sasse. So you have no reason to doubt any aspect of the intelligence community's composite assessment about Russian efforts in the 2016 election? General Barr. I have no reason to doubt that the Russians attempted to interfere in our election. Senator Sasse. And Dan Coats, the National Intelligence Director, has testified in public and has said in different media contexts that Russia is already plotting for the 2020 elections in the U.S. You have no reason to doubt that? General Barr. I have not--you know, I have not seen those reports. I had reviewed the reports about the 2016, but I have no reason to doubt it. Senator Sasse. And can you explain what your role is on the President's Intelligence Advisory Board? General Barr. I am actually a consultant. I am an adviser on sort of legal issues. Obviously, I am stepping down from that position if I am confirmed. But I have been just advising. I am not a member of the board. I am on the CIA's External Advisory Board and, you know, have been participating on that as well. Senator Sasse. When you talk about the long-term Chinese efforts to also sow different kinds of discord in the U.S., obviously not crossing any classified lines here, but long-term interests that other countries have in strategic rivalry with the U.S. to use gray space and information operations warfare against us, how do you see the role of the National Security Branch, and the FBI more broadly, fitting into the larger IC, and what responsibilities do you see would be on your priority list as you arrive at the Department? General Barr. Well, you know, I have been out of the Department for so long. You know, I am not really sure about how that is currently being handled. You know, I also think that we have had our attention focused on terrorism, which we cannot let up. And, but I want to make sure that--and I am sure Chris Wray is on top of this and, you know, looking forward to talking to him about it. But making sure that the Bureau is playing, you know, a central role in combating, you know, efforts by foreign countries to engage in those kinds of hostile intelligence activities. Senator Sasse. You have unpacked a couple of times today the three different roles or functions of the Attorney General. Could you do that one more time in summary? And then I want to ask you a particular question. What are those three roles, as you see them? General Barr. I see the three roles. In 1789, the first-- set up the office. The first role was providing advice to the President and the Cabinet and representing the United States in cases before the Supreme Court. And I see the three roles as providing advice, being a policy adviser on legal and law enforcement policy issues, and the top law enforcement officer enforcing the laws. Senator Sasse. And so in no way would the job of protecting the President be a subset of any of those three jobs? The language of ``protecting the President'' has been used occasionally in this administration to refer to the way it was conceived of how Eric Holder did his job. Is there any sense in which it is the Attorney General's job to protect the President? General Barr. No, that was not included in my description of the role of the Attorney General. Obviously, as a policy--in the policy arena, the Attorney General is someone who should be sympathetic to the administration and its policy goals. Senator Sasse. But there are circumstances where those three roles could come into some internal conflict, or you could be asked to do things that do not align with them. And there is probably a list that you have--I will not ask you to enumerate it here. But there is probably a list of issues where you could imagine needing to resign because of what you were asked to do in the space of so-called protecting the President? General Barr. If I--if I was ever asked to do something that I felt was unlawful and directed to do that, I would not do it, and I would resign rather than do it. But I think that should be true of every officer who serves anywhere in Government, whatever branch. Senator Sasse. I am at time. But I had a series of questions related to some of what Senator Ernst said about Sarah's Law. She and I have jointly been active in that space. The tragic case of the young woman that she was talking about from Council Bluffs was actually--it occurred in Omaha. And Edwin Mejia, her killer, is still at large, and both the last administration and this administration have not prioritized that enough in our understanding. And I imagine that Senator Ernst and I will follow up with a letter to you on that as well. Thank you. Chairman Graham. Senator Blumenthal. Senator Blumenthal. Thanks, Mr. Chairman. I congratulate you, and I look forward to working with you and congratulate also the new Members of our Committee that have joined us. And thank you very much, Mr. Barr, for being here today, for your past record of public service, and I hope I am perhaps the last to make reference to your grandson by saying that if he makes it through this hearing today, he can have any job he wants in this building. [Laughter.] Senator Blumenthal. Let me say first that as a former United States Attorney, I share your allegiance and admiration for the Department of Justice and, equally so, the Federal Bureau of Investigation, and I know that you respect Mr. Wray, the current Director. But I think you would agree with me that the FBI is probably one of the best, if not the most professional, accomplished, skilled, and dedicated law enforcement agencies in the world. Would you agree? General Barr. Yes, Senator. Senator Blumenthal. And I hope that the President agrees with you and perhaps shares that view more publicly in the future. When the FBI begins a counterintelligence investigation, if it is of the President of the United States for working with a foreign adversary, that decision would be subject to multiple levels of review within the FBI. Correct? General Barr. I assume. I do not know what rules were in effect at the time. Senator Blumenthal. Well, in your experience, it would be? General Barr. Yes. Yes. Senator Blumenthal. And you have no reason to think that those rules have changed? General Barr. I do not know what the practice was. There was---- Senator Blumenthal. And almost certainly in that kind of extraordinary investigation, you would agree with me it would be extraordinary for the FBI to be investigating the President for working with a determined foreign adversary. There probably would be information shared with the Deputy Attorney General or the Attorney General. Agree? General Barr. I would hope so. The reason I am hesitating is because some of these texts that we have all read are so weird and beyond my experience with the FBI, I do not know what was going on. Senator Blumenthal. Well, these reports are stomach-turning in terms of the absolutely stunning and unprecedented kind of investigation that they reflect. You would agree? General Barr. You mean the texts are stomach-turning? Senator Blumenthal. The reports of the investigation of the President. General Barr. I am not sure what you are talking about when you say, ``the reports of the investigation.'' Senator Blumenthal. The reports that the FBI opened an investigation of the President for working with a foreign adversary, Russia. General Barr. And what is stomach-turning about that? Which--what is stomach-turning, the allegation against the President---- Senator Blumenthal. That that kind of---- General Barr [continuing]. Or the fact that an allegation would be made and be under investigation? Senator Blumenthal. Well, let me move on. I want to talk about transparency. Would you commit--will you commit to this Committee that you will not allow the President or his attorneys to edit or change the Special Counsel report before it is submitted to Congress or the public? General Barr. I already said that I would not permit editing of my report, whatever report I--or whoever is the Attorney General, makes. Senator Blumenthal. And will you commit that you will come to Congress and explain any deletions or changes that are made to that report before it is issued? General Barr. Okay. So there are different reports at work here. Which report are you--there are two different reports---- Senator Blumenthal. I am talking about the Special Counsel report. General Barr. Okay. Well, under the current regulations, the Special Counsel report is confidential. The report that goes public would be a report by the Attorney General. Senator Blumenthal. Will you commit that you will explain to us any changes or deletions that you make to the Special Counsel report that is submitted to you in whatever you present to us? General Barr. I will commit to providing as much information as I can, consistent with the regulations. Are you saying, for example, that if information is deleted that would be like, for classification purposes, I would identify that and things like that? Senator Blumenthal. Well, that you will commit to explaining to us what the reasons are for your deleting any information that the Special Counsel includes that you are preventing us--or the public--from seeing? General Barr. That would be my intent. I have to say that the rules--I do not know what kind of report is being prepared. I have no idea. And I have no idea what Acting Attorney General Rosenstein has discussed with Special Counsel Mueller. If I am confirmed, I am going to go in and see what is being contemplated and what they have agreed to and what their interpretation--you know, what game plan they have in mind. Senator Blumenthal. Will you permit the Special Counsel---- General Barr. But my purpose is to get as much accurate information out as I can, consistent with the regulations. Senator Blumenthal. Well, the regulations and rules give you extraordinarily broad discretion. And I am hoping, and I am asking you to commit, that you will explain to us information that you have taken out of that Special Counsel report. And, I also want to ask you about restrictions on the Special Counsel. Will you commit that you will allow the Special Counsel to exercise his judgment on subpoenas that are issued and indictments that he may decide should be brought? General Barr. As I said, I will carry out my responsibilities under the regulations. Under the regulations, whoever is Attorney General can only overrule the Special Counsel if the Special Counsel does something that is so unwarranted under established practice. I am not going to surrender the responsibilities I have. I would--you would not like it if I made some pledge to the President that I was going to exercise my responsibilities in a particular way. And I am not going to make the pledge to anyone on this Committee that I am going to exercise it in a particular way or surrender it. Senator Blumenthal. Will you allow the Special Counsel to exercise his judgment as to what resources are necessary? Will you meet those needs for resources? General Barr. That would be my expectation. I think, you know, I mean, if you believe the media, they are sort of starting to reduce their resources. So I would not expect that would be a problem. Senator Blumenthal. Will you allow the Special Counsel to exercise his judgment as to what the scope should be? The President has talked about red line around finances. Will you allow the Special Counsel to exercise his judgment about what the scope should be, even if the President says that there should be red line? General Barr. I think the scope of the investigation is determined by his charter from the Acting Attorney General. And if he wants to go beyond that charter, I assume he would come back and talk to whoever the Attorney General is about that. Senator Blumenthal. Will you impose any restrictions on other prosecutors who are also investigating the President? As you are well aware, in the Southern District of New York, the President has been named, in effect, as an unindicted co- conspirator. The Eastern District of Virginia has an investigation that is relevant to the President. Will you impose any restrictions on those prosecutors? General Barr. The Office of Attorney General is in charge of the--with the exception of the Special Counsel, who has special rules applicable to him--is in charge of the work of the Department of Justice. Senator Blumenthal. But you have a responsibility to allow prosecutors to enforce the law. General Barr. I have a responsibility to use my judgment and discretion that are inherent in the Office of Attorney General to supervise, and I am not going to go around saying, well, this U.S. Attorney, or that U.S. Attorney, I am going to defer to. And---- Senator Blumenthal. Well, you referred earlier about the possibility of firing---- General Barr. Excuse me? Senator Blumenthal [continuing]. A United States Attorney. Would you allow the President to fire a United States Attorney and thereby stop an investigation? General Barr. I would not stand by and allow a U.S. Attorney to be fired for the purpose of stopping an investigation, but the President can fire a U.S. Attorney. They are a presidential appointment. Senator Blumenthal. But the President should have a cause beyond simply stopping an investigation for firing a United States Attorney, even if he or she is a political---- General Barr. Well, as I said, I would not stand by and allow, you know, an investigation to be stopped if I thought it was a lawful investigation. I would not stand by for that. But the President is free to fire his, you know, officials that he has appointed and---- Senator Blumenthal. I want to ask a different--a question on a different topic. You have said that, and I am quoting you, ``I believe Roe v. Wade should be overruled.'' You said that in 1991. Do you still believe it? General Barr. I said in 1991 that I thought, as an original matter, it had been wrongly decided. And that was, what--within 18 years of its decision? Now it has been 46 years, and the Department has stopped--under Republican administrations stopped as a routine matter asking that it be overruled, and I do not see that being turned--you know, I do not see that being resumed. Senator Blumenthal. Would you defend Roe v. Wade if it were challenged? General Barr. Would I defend Roe v. Wade? I mean, usually the way this would come up would be a State regulation of some sort and whether it is permissible under Roe v. Wade. And I would hope that the SG would make whatever arguments are necessary to address that. I think the Justices, the recent ones, have made clear that they consider Roe v. Wade an established precedent, and it has been on the books 46 years. Senator Blumenthal. And you would enforce the Clinic Access Protection Act? General Barr. Absolutely. Senator Blumenthal. Thank you, Mr. Chairman. Chairman Graham. Senator Hawley. Senator Hawley. Thank you, Mr. Chairman. Mr. Barr, congratulations on your nomination. Thank you for being here. You were eminently qualified for this position when you were confirmed unanimously by this Committee 27 years ago, and you are eminently qualified today. It is a pleasure to have you here. I wanted to start where Senator Blumenthal started as well, with the reports about the FBI counterintelligence investigation launched against the President, which I also find to be stomach-turning, though perhaps for different reasons. The New York Times report indicates that the FBI began the probe in part because they were concerned about the President's foreign policy stances, comments he made during the 2016 campaign about foreign policy, and the Republican Party's official position on the Ukraine. In your experience with the FBI, is it strange to have a counterintelligence investigation begun because members of that Bureau disagree with the foreign policy stances of a candidate for President or a President of the United States? General Barr. Yes. Senator Hawley. The Supreme Court has been unequivocal that the President--in our system of Government, the President possesses, and I am going to quote now, ``the plenary and exclusive power as the sole organ of the Federal Government in the field of international relations, a power which does not require as its basis--as a basis for its exercise an act of Congress.'' That is the very famous Curtiss-Wright case. To your knowledge, is that still good law? General Barr. Yes. Senator Hawley. And do you think that was rightly decided? General Barr. Yes. Senator Hawley. Let me ask you this: Would it concern you as Attorney General if FBI agents were making decisions about when and how to launch an investigation of an elected official if it was in order to avoid being supervised or directed by their agency leadership? Would that be concerning to you? General Barr. Yes. Senator Hawley. As is, I might just add, reported by The New York Times. Let me switch gears and ask you about another topic that you mentioned a little bit earlier in the field when we were talking generally about antitrust. This is something, you talk about things that have changed in the 27 years since you were last here, one of the things that has changed is the extraordinary concentration of power in our economy in the hands of a few corporations, no more so than in Silicon Valley, which you referenced earlier today, and I just want to ask you a little bit about that. Big tech companies, like, for instance, Google and Facebook, who have drawn much attention of late, pose significant challenges not just for competition, but also for the larger issues of privacy and the free flow of ideas. The Justice Department has recently deferred to the FTC across this range of issues, and while I am hopeful that Chairman Simons will right the course here, the FTC has perhaps too often allowed these companies, in my view, to violate privacy and maybe antitrust laws without meaningful consequences. Here is my question. What role do you think the Justice Department has, working with the FTC or independently, to address anti-competitive conduct, potential bias, and privacy violations by these big tech companies? General Barr. Well, obviously, competition is of central concern to the Antitrust Division, and you know, there are, I guess, concordats that have been reached between the FTC and the Antitrust Division as to who has primary jurisdiction in different areas. But I would like to weigh in to some of these issues. I would like to have the Antitrust support that effort to get more involved in reviewing the situation from a competition standpoint. I also am interested in the issue of privacy and the question of who owns this data. And you know, it is not an area that I have studied closely or become an expert in, but I think it is important for the Department to get more involved in these questions. Senator Hawley. Just on the subject of ownership of data, as you know, Facebook is currently subject to a 2011 consent decree, as part of which it agreed not to release or share or sell personal user information without the knowledge and consent of its users. Facebook's CEO Mark Zuckerberg has adamantly insisted under oath, as recently as April 10th of 2018, that on Facebook, users have complete control--those are his words--over everything that they share. However, as I am sure you are aware, recent media reports have indicated that Facebook, in fact, routinely has shared user information without users' consent or even knowledge. Now the Justice Department has the authority to enforce the terms of the 2011 consent decree and potentially to prosecute any violation. Will you consider doing so? General Barr. Because that is something that I might have to get involved with and supervise if I am confirmed, I would rather not make any comments about it right now. Senator Hawley. Let me ask you this. These same technology companies also control the flow of information, or, at least, influence it, the flow of information to consumers to an unprecedented degree. I mean, you have to go way back in American history to find any analog, back to the paper trusts, to find an analog of a group, small group of companies that control the information and influence the news and its flow to Americans to the extent that these companies do. And there is growing evidence that these companies have leveraged their considerable market power, if not monopoly status, to disfavor certain ideological viewpoints, particularly conservative and libertarian viewpoints. Do you think the Department of Justice has authority under the antitrust laws or consumer protection laws or other laws to address bias by dominant online platforms? General Barr. I would just say, generally, you know, I would not think it would--I would have to think long and hard before I said that it was really the stuff of an antitrust matter. On the other hand, it could involve issues of disclosure and other--and other--implicate other laws like that. Senator Hawley. Is there any point, do you think, at which political bias could require response? And I am thinking, for example, Harvard law professor Jonathan Zittrain has written how Google or Facebook, for example, could manipulate their algorithms to significantly swing voter turnout to favor a candidate of their choice. Would that sort of conduct require a response from the Department? General Barr. I would have to think about that. I am not sure. You know, I would like to know more about the phenomena and what laws could be implicated by it. Senator Hawley. Let me ask you this. The Justice Department's case against AT&T-Time Warner focused on how the merged company would control or could control the distribution of information to discriminate against rival content. And I understand that you, of course, are recusing yourself from that matter. But generally speaking, generally speaking, do you see similar concerns regarding how dominant Silicon Valley firms could use their market power in social media or search to discriminate against rival products or services or viewpoints? General Barr. Yes. And making clear that what I am saying now has no application to, you know, the transaction we just talked about and talking about the other companies, yes. Senator Hawley. Let me ask you more broadly about the question of antitrust and mergers. And you gestured toward this earlier in your testimony. I am increasingly worried that the Department is not enforcing vigorously the antitrust statutes in many sectors of the economy, not just technology. We see--again, as you have alluded to, we see growing concentration of power in various sectors held by just a few firms. And if you look at recent trends in the Department's scrutiny of proposed mergers, it is at record lows. Last year, for instance, the Department of Justice Antitrust Division scrutinized mergers through second requests for information in less than 1 percent of all eligible cases. That is, I believe, the lowest level of merger scrutiny recorded since the FTC started tracking those statistics back in 1981. And just for comparison purposes, in 1981, that review was five times higher than it was in 2018. My question is, do you think this record low level of merger scrutiny is appropriate? And if you are confirmed as Attorney General, what might you do to ensure that the Antitrust Division faithfully and vigorously enforces the law? General Barr. Well, I am for vigorous enforcement of the antitrust laws to preserve competition, and as I said, this is going to be an area I am going to want to get into and work with Makan Delrahim on, if I am confirmed. I would not necessarily use, you know, the incidence of merger review as a proxy for failure of competition. At the end of the day, it is competition we are worried about in different markets. But I am interested in exploring those--you know, those statistics you were just using. Senator Hawley. And do you think it is fair to say, would you agree that the historic levels of concentration that we are seeing in many parts of the economy, technology in particular, is potentially detrimental to competition? I mean, it is, again, potentially and in general, but it is something that is worth scrutinizing and being concerned about if one is concerned about free, fair, and open competition? General Barr. You said the size? Senator Hawley. Yes, historic levels of concentration. General Barr. Yes. I think what is--the thing I am concerned about are the network effects that have now--that are now at work, where they are so powerful that particular sectors could essentially be subsumed, you know, subsumed into these-- into these networks. There are just very powerful network effects because of the size. Senator Hawley. Yes. I see my time has almost expired. Thank you, Mr. Chairman. Chairman Graham. Senator Hirono. Senator Hirono. Thank you, Mr. Chairman. Mr. Chairman, I welcome the arrival of the immigration Lindsey Graham of 2013. The other Lindsey Graham, we shall see, as you, yourself, have acknowledged. Mr. Barr, I ask these questions, these two questions, of every nominee who comes before any of the Committees on which I sit, and these are the questions: Since you became a legal adult, have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature? General Barr. No. Senator Hirono. Have you ever faced discipline or entered into a settlement related to this kind of conduct? General Barr. No. Senator Hirono. I have a question relating to recusal. You have been asked a number of times. It is very clear that the President does not want an Attorney General who will recuse himself from the Mueller investigation. So when he came before us for confirmation in January 2017, Jeff Sessions wrote on his Committee questionnaire that he would ``seek and follow the advice of the Department of Justice's designated agency ethics official, if confronted with a conflict of interest.'' And in fact, he did do that, and he was basically pummeled by the President ever since. So Matthew Whitaker has not come before us for the job of Attorney General, but we know that when it came time to make the decision about recusal, he did not want to be the object of Trump's wrath, so he proceeded to listen to and then ignore the advice of the career ethics officials at the DOJ who recommended recusal. So your answer to Senator Klobuchar makes it clear that you are going to basically follow the Whitaker model. Can you understand why that is not terribly reassuring to us? These are not normal times. This is not 27 years ago. Today, the President is Donald Trump, who will do anything to protect himself. He wants you--who has written a manifesto about why the President should not be prosecuted, at least, for obstruction of justice; who has met with and consulted with the President's defense attorneys; who has written op-eds defending his firings of Sally Yates and James Comey--to be his Attorney General. So in this context, just asking us to trust you is not enough. Why will you not simply follow Jeff Sessions' lead and take and follow--the critical question being ``follow''--the advice of the Department's ethics officials? General Barr. Because the regulations and the responsibilities of the Attorney General as the head of the agency vest that responsibility in the Attorney General. And-- and I am not going to surrender the responsibilities of the Attorney General to get the title. I do not need the title. If you do not--if you do not trust me to---- Senator Hirono. Well, I--you have--excuse me. General Barr. Yes. Senator Hirono. You have repeated that answer many, many times. However, I think we all acknowledge that Jeff Sessions possibly did not want to recuse himself, but he did. And so you have it within your power to follow the ethics advice of your own Department, and you are telling us you are not going to. So that is the bottom line. General Barr. No, Senator. I think Jeff Sessions recused himself because of a different provision, which was the political conflict provision. Senator Hirono. I think in the context of all of the things that---- General Barr. He played a role in--he played a role in the campaign. Senator Hirono. In the context of all of the things that you have done, basically to get the attention of President Trump to nominate you, I would say that there is a political context to what your decision should be also. Let me move on. You have said that you will allow Mueller to complete his work. Although I do want to ask you very specifically, because you did write that 19-page memo relating to the obstruction of justice issue, would you allow the Mueller investigation with regard to obstruction of justice to also go forward unimpeded by you? General Barr. I do not know whether there is an investigation of obstruction of---- Senator Hirono. Well, definitely obstruction of justice. You read the papers as well as we do, that that is an element of the Mueller investigation. I do not think you can sit here and tell us that you do not think that that is a part of the investigation. But let us say that it is. Having written what you did, would you seek to stop that portion of the Mueller investigation, that being the obstruction of justice portion, assuming that that is, in fact, part of the investigation? General Barr. Okay, but you have to remember, my memo was on a very specific statute and a specific theory that I was concerned about. Senator Hirono. I understand that. General Barr. I have no basis for suspecting at this point that that is in play at all. Senator Hirono. You mean that particular provision? So Mueller---- General Barr. That provision or theory. Or theory. Senator Hirono. Well, I did say let us assume that, in fact, obstruction of justice is part of the Mueller investigation. General Barr. When I say ``theory,'' I mean, what I was addressing was, you know, whether the removal of Comey in and of itself would be obstruction. Senator Hirono. Of course, it is not in and of itself---- General Barr. Under a particular statute---- Senator Hirono. I hate to be interruptive, but, you know, I only have 4 minutes, so thank you very much. You were asked about the investigations that are going on in the Southern District of New York, the Eastern District of Virginia, the District of Columbia, and there are various investigations brought by various U.S. Attorneys' Offices relating to the activities of Donald Trump, his campaign, his inauguration, his foundation, his businesses, his family, his associates. Do you consider these to be lawful investigations? Because I believe that you responded to Senator Blumenthal that, if these are lawful investigations by the U.S. Attorneys' Offices, you do not see yourself interfering with them. General Barr. I have no reason to think they are not lawful investigations, whatever they are. You seem to know more than I do about what is under investigation. Senator Hirono. That is reassuring, that you are wanting to have the Mueller investigation go forward extends to all of these other U.S. Attorneys' investigations. I believe you also said that the Mueller report will be confidential? It is confidential under the Special Counsel's-- whatever the criteria are. So what I am hearing you say is that, in spite of the fact that you want to be transparent, neither Congress nor the public will get the Mueller report because that is confidential. So what we will be getting is your report of the Mueller report subject to applicable laws limiting disclosure. So is that what you are telling us? General Barr. I do not know what--at the end of the day what will be releasable. I do not know what Bob Mueller is writing. Senator Hirono. Well, you said that the Mueller report is confidential pursuant to whatever the regulations are that applies to him. So I am just trying to get as to what you are going to be transparent about. General Barr. As the rules stand now, people should be aware that the rules, I think, say that the Special Counsel will prepare a summary report on any prosecutive or declination decisions, and that that shall be confidential and shall be treated as any other declination or prosecutive material within the Department. In addition, the Attorney General is responsible for notifying and reporting certain information upon the conclusion of the investigation. Now, how these are going to fit together and what can be gotten out there, I have to wait and--I would have to wait. I would want to talk to Rod Rosenstein and see what he has discussed with Mueller and, you know, what---- Senator Hirono. But you have testified that you would like to make as much of the original report---- General Barr. Right, and so all I can say right now is---- Senator Hirono [continuing]. Public as possible. General Barr. Yes. All I can say right now is my goal and intent is to get as much information out as I can consistent with the regulations. Senator Hirono. Thank you. So in the minute that I have, I would just like to go over some of the policies that Jeff Sessions has followed. One is a zero-tolerance policy which led to the separation of children from their parents. He refused to defend the Affordable Care Act and argued in the Texas lawsuit that key parts of the ACA were unconstitutional. He failed to bring a single lawsuit to enforce the Voting Rights Act to stop voter suppression efforts. And he issued a memo making it harder for the Civil Rights Division to enter into consent decrees to address systemic police misconduct. Do you agree with these policies? Do you intend to continue them? General Barr. The last one, yes. I agree with that policy. The other ones, I am not--I would have to see what the basis was for those decisions. Senator Hirono. So do you think that as to the last one, which has to do with consent decrees, that there is a role for the Department of Justice in addressing system police misconduct? General Barr. No, there---- Senator Hirono. You do not see much of a role in that? Or you see a more limited---- General Barr. That is your characterization of it. That is not what I understand the policy to be. Of course, the Department has a role in pattern and practice violations. Senator Hirono. So Attorney General Sessions has issued a rule that makes it a lot tougher to enter into these kinds of decrees. General Barr. Why do you say it is a lot tougher? Senator Hirono. Because it is not just relying on the career attorneys. Now it goes to the Deputy AG or whoever, that there are more political appointees who are going to get involved in that process, and that makes it much more limited, I would say, in utilization. Thank you, Mr. Chairman. Chairman Graham. Thank you, Senator Hirono. We will take a 10-minute comfort break and start with Senator Tillis. If my math is right, we have got about an hour left on round one. So will 10 minutes be okay, Mr. Barr? General Barr. Yes. Chairman Graham. Okay. Thank you. Ten minutes. [Whereupon the Committee was recessed and reconvened.] Chairman Graham. Thank you, Mr. Barr. I think--who we have left on our side is, Senators Kennedy, Blackburn, and Tillis, and Senators Booker and Harris. Anybody else? I think that is it in round one. So, Senator Kennedy. Senator Kennedy. Thank you, Mr. Chairman. Mr. Barr, do you know of any instance in which anybody has tried to interfere in Mr. Mueller's investigation? General Barr. No. I mean, I am not in the Department of Justice, and I have no--you know, I am not privy to that information, but I do not know of any. Senator Kennedy. I understand you know Mr. Mueller, do you? General Barr. Yes, I do. Senator Kennedy. Is he big enough to take care of himself? General Barr. He is a Marine. [Laughter.] Senator Kennedy. If someone had tried to interfere with his investigation, based on your knowledge of Mr. Mueller, would he have something to say about it, including but not limited to in a court of law? General Barr. Yes, Senator. Senator Kennedy. I want to try to cut through some of the innuendo here. Did President Trump instruct or ask you, once you become Attorney General, to fire Mr. Mueller? General Barr. Absolutely not. Senator Kennedy. Did he ask you to interfere in Mr. Mueller's investigation? General Barr. Absolutely not. Senator Kennedy. Has anybody in the White House made that suggestion to you? General Barr. Absolutely not. Senator Kennedy. Has anybody in the Western Hemisphere made that suggestion to you. General Barr. Absolutely not. [Laughter.] Senator Kennedy. Okay. I want to associate myself with the remarks of Mr. Blumenthal about the FBI being the premier law enforcement agency in the history of the world, in my opinion, and the high esteem in which we all hold the Department of Justice. But I have a question for you. This counterintelligence investigation that was started by the FBI and Justice, allegedly about President Trump, how did The New York Times get that information? General Barr. I do not know, Senator. Senator Kennedy. Well, didn't it have to come from the FBI or the Department of Justice? General Barr. I just cannot say. I do not know how they got it, and I do not know whether that is an accurate report. Senator Kennedy. All right. What do you intend to do about the leaks coming out of the FBI and the Department of Justice? General Barr. The problem of leaks is a difficult one to address. I think the first thing is to make it clear that there is an expectation that there are no leaks and punish people through internal discipline if there are leaks; also keep--you know, exercise more compartmentalization and discipline; and make the institutions that are responsible, if you are talking about the FBI, that their leadership is taking aggressive action to stop the leaks. Senator Kennedy. Okay. You have had some experience with the enforcement of our immigration laws. Is that correct? General Barr. That is right, Senator. Senator Kennedy. Do you believe it is possible to secure a 1,900-mile border without, in part, at least, using barriers? General Barr. No, I do not think it is possible. Senator Kennedy. Okay. General Barr. When I was Attorney General, we had the INS as part of the Department, and I remember another part of my kibitzing was trying to persuade George W. Bush's administration not to break that out. But in those days, I had some studies done, and I was trying within the budget to put as much as we could on barriers as we could. Senator Kennedy. Okay. Do you believe that ICE should be abolished, as some of my colleagues do? General Barr. Certainly not. Senator Kennedy. Okay. You are Roman Catholic, are you not? General Barr. Yes, I am. Senator Kennedy. Do you think that disqualifies you from serving in the United States Government? General Barr. I do not think so, no. Senator Kennedy. Okay. Why is that? General Barr. Why doesn't it disqualify me? Senator Kennedy. Yes. Some of my colleagues think it might. General Barr. Because you render under Caesar that which is Caesar's and under God that which is God's, and I believe in the separation of church and state. And I--if there was something that was against my conscience, I would not impose it on others. I would resign my office. Senator Kennedy. Yes, I think it is called freedom of religion, as I recall. General Barr. Yes, that is right. Senator Kennedy. If the Federal Government threatens to withhold Federal money from a university if that university does not investigate, prosecute, punish sexual assault in a way prescribed by the Federal Government, does that make the State university a state actor--or the university a state actor? General Barr. It may. You know, I would have to look at the cases. I am not up to speed on those. But I would think so. Senator Kennedy. Well, if the Federal Government says to a university, look, if you do not prosecute, investigate, punish allegations of sexual assault in a way that the Federal Government says you must, otherwise we are going to take away your Federal money, does the accused in one of those sexual assault allegations still have the protection of the Bill of Rights? General Barr. I would hope so. Senator Kennedy. Should he, or her? General Barr. You know, I would have to look and see exactly the State actor law right now, but what you are getting at is, you know, the rules that were forced on universities in handling sexual harassment cases---- Senator Kennedy. Right. General Barr [continuing]. That, you know, I felt essentially did away with due process. Senator Kennedy. Yes. General Barr. And, you know, I think the victim--you know, as a father of three daughters, I take very seriously any question of sexual harassment. It is a serious problem. And the word of a victim has to be taken very seriously and it has to be pursued, but we cannot do it at the expense of the Bill of Rights or basic fairness and due process. Senator Kennedy. Both the accused and the accuser deserve due process, do they not? General Barr. That is right. Senator Kennedy. Tell me what the legal basis is for a universal injunction. General Barr. I think universal injunctions have no--well, let me say that they are a recent vintage. They really started arising in the 1960s, and I think that they have lost sight of the limitation on the judicial power of the United States, which is case or controversy. Senator Kennedy. It is all based on a D.C. Circuit case. General Barr. Right. Senator Kennedy. The Wirtz case, is that right? General Barr. I forgot the name of the case, but I think the D.C. Circuit case was the first one, and I think that was in the 1960s. And people have lost sight of the fact that it is really a question of who gets the relief in a case, and under the case or controversy, it should be limited to the parties. And, you know, earlier you could have a court in one jurisdiction decide it, and that would be the rule in that jurisdiction. But that did not debar the Government from continuing its policies elsewhere, and eventually you would get differences, and they would work their way up to the Supreme Court. So I think that I would like to see these universal injunctions challenged. Senator Kennedy. Well, I do not know how many Federal District Court Judges we have, let us say 650. As I understand it, one can enjoin a congressional statute nationwide even if the other 624 judges disagree. General Barr. That is right. And not just a statute, Senator. I think what is different, what we are seeing is the willingness of courts to set aside, you know, even the kinds of exercises of national security power that, you know, 20 years ago would have been unimaginable for a court to challenge, and yet a District Court Judge somewhere can enjoin some action that has a bearing on the safety of the Nation, and then the judicial process can take years and years to get that up to the Supreme Court. Senator Kennedy. I have just got a few seconds left. As I understand your testimony, General, Mr. Mueller will write a report, submit it to you as Attorney General, and then you will write a report based on that report and release your report. Is that right? General Barr. That is essentially it, but I would not assume--you know, it could easily be that the report is communicated to the Department--assuming I was confirmed, that could be a month away. I do not---- Senator Kennedy. Let me tell you what I am getting at. I have got 6 seconds--now 4. The American people deserve to know what the Department of Justice has concluded, and they are smart enough to figure it out. I have said this before. The American people do not read Aristotle every day. They are too busy earning a living. But if you give them the facts, they will figure it out, and they will draw their own conclusions. It does not matter who spins them. They will figure it out for themselves. And I would strongly encourage you to put this all to rest, to make a report, a final report public, to let everybody draw their own conclusions so we can move on. If somebody did something wrong, they should be punished. But if they did not, let us stop the innuendo and the rumors and the leaking and let us move on. General Barr. I agree, Senator, and let me say, you know, earlier I misspoke, because the Acting Attorney General is Matt Whitaker, and I referred to Rod as the Acting Attorney General. But, in fact, the report would go to Matt Whitaker. Senator Kennedy. Thank you, Mr. Chairman. Chairman Graham. Senator Booker. Senator Booker. Thank you, Mr. Chairman, and I would like to remark, Mr. Barr, that your family is showing a prodigious level of patience, indefatigable endurance, and that should be marked for the record. You are a very lucky man. You know that about 30-plus States have legalized medical marijuana for adult use. You are aware of that, correct? General Barr. Yes. Senator Booker. In 2018, Attorney General Jeff Sessions rescinded the Cole Memorandum, which provided guidance to U.S. Attorneys that the Federal marijuana prohibition should not be enforced in States that have legalized marijuana in one way or the other. Do you believe it was the right decision to rescind the Cole Memorandum? General Barr. My approach to this would be not to upset settled expectations and the reliance interests that have arisen as a result of the Cole Memoranda, and investments have been made and so there has been reliance on it. So I do not think it is appropriate to upset those interests. However, I think the current situation is untenable and really has to be addressed. It is almost like a back-door nullification of Federal law. To me it is a binary choice. Either we have a Federal law that applies to everybody---- Senator Booker. I am sorry to interrupt you, sir, but how would you address that? Do you think it is appropriate to use Federal resources to target marijuana businesses that are in compliance with State laws? General Barr. No, I said that--that is what I said. I am not going to go after companies that have relied on the Cole Memoranda. However, we either should have a Federal law that prohibits marijuana everywhere--which I would support myself because I think it is a mistake to back off on marijuana. However, if we want a Federal approach, if we want States to have their own laws, then let us get there and let us get there the right way. Senator Booker. And if you do not mind, I am going to just move on, but it is good to hear, at least, the first part of what you said. During your previous tenure as Attorney General, you literally wrote the book on mass incarceration or, at least, wrote this report, ``The Case for More Incarceration.'' You argue that we as a Nation were ``incarcerating too few criminals.'' General Barr. In those days. Senator Booker. And that the solution was more incarceration for more people. General Barr. Excuse me. Senator Booker. Please, sir. General Barr. For chronic violent offenders and gun offenders. Senator Booker. Well, I mean, that is the challenge, sir, and you argued against the bipartisan legislation in 2015 quite strenuously. General Barr. I did. Senator Booker. But that is not the nature of incarceration in this country. In Fiscal Year 2016, only 7.7 percent of the Federal prison population was convicted of violent crimes. Overwhelmingly, what was initiated in those times that led to an 800-percent increase in the Federal prison population, overwhelmingly that was nonviolent drug offenders. Right now our Federal prison population is overwhelmingly nonviolent-- 47.5 percent of the Federal prison population are incarcerated for drug offenses. And I guess hearing your arguments then and hearing your arguments against the bipartisan legislation that we brought out of the Committee in 2016---- General Barr. But, Senator, I think that is wrong, what you just said, okay? I think when you have violent gangs in the city killing people, murder and so forth and so on, sometimes the most readily provable charge is their drug-trafficking offenses rather than proving culpability of the whole gang for murder. So you can take out--you can take out a gang on drug offenses, and you could be taking out a lot of violent offenders. Do you think that the murders in Chicago are--they are related to gangs, and gangs involved in---- Senator Booker. And, sir--and, again, we can get into the data if you would like, and I would like to get some more pointed questioning. But this is the sort of--these are sort of the tropes that make people believe that in inner cities we should have such profound incarceration rates. And I would like to ask you specifically about that data because I think it is language like that that makes me kind of concerned and worried. You said you had not reviewed--you said earlier in your testimony that you had not reviewed criminal justice data about this actual issue of incarceration versus non-incarceration. I just want to know, will you commit to commissioning a study on just the concerns that we are talking about right now about the efficacy of reducing mass incarceration and publish those results? Would you be willing to do such a study yourself? General Barr. Well, as I understand it, I have been told that there is a lot of data to support the First Step Act. Senator Booker. Yes, and that First Step Act goes directly toward addressing a lot of the problems we have had in mass incarceration. And so if you are saying that it is necessary to deal with violence in communities by overincarcerating, here is a bipartisan group of Senators that is working toward reducing mass incarceration. And that is why I think it is very important--which I appreciate you saying you did not know because you had not reviewed the data. I think it is very important that you review the data and understand the implications for the language that you are using, which brings up this language of race, which is often not said explicitly, but when you talk about Chicago in the way you just did, it brings up racial fears or racial concerns. And you stated that, ``if a Black and a White''--this is quoting you directly--``are charged with the same offense, generally they will get the same treatment in the system and ultimately the same penalty.'' You previously quoted, and I quote you again, ``There is no statistical evidence of racism in the criminal justice system.'' Do you still believe that? General Barr. No, what I said was that--I think that is taken out of a broader quote, which is, the whole criminal justice system involves both Federal but also State and local justice systems. And I said there is no doubt that there are places where there is racism still in the system. But I said overall I thought that, as a system, it is working--it does not--it is not predicated on---- Senator Booker. So can I press you on that, overall the system treats Blacks and Whites fairly? From my own experience, I have lived in affluent communities; I have gone to college campuses. There are certain drug laws applied there that are very different in the inner-city community in which I live. But let us talk stats; let us not talk our personal experiences. And so I have sat with many of my colleagues and many conservatives who readily admit what the data shows. And so I have a whole bunch of reports which I will enter into the record from nonpartisan, bipartisan groups, even conservative leaders, talking about the rife nature of racial bias within the system. For example, the Federal Government's own data, the U.S. Sentencing Commission's research shows that Federal prosecutors are more likely to charge Blacks with offenses that carry harsh mandatory minimum sentences than similarly situated for Whites. The Federal Government's own data shows that Black defendants were subject to three strikes sentencing enhancements at a statistically significant higher rate, which added on average over 10 years to their sentences. And so with numerous researchers having found stunning racial disparities rife throughout our system and in the Federal system which you will be the chief law enforcement officer of, and primarily for drug--overwhelmingly for drug laws--for example, I do not know if you are aware or not of the Brookings study that found that Blacks are 3.6 times more likely to be arrested for selling drugs, despite the fact that Whites are actually more likely to sell drugs in the United States of America, and Blacks are 2.5 times more likely to be arrested for possession of drugs when there is no difference racially in America for the usage and possession of drugs in the United States. I do not know if you are--are you familiar with the Brookings study? General Barr. No, I am not. Senator Booker. Okay. So, just to follow up, will you commit to commissioning a study examining racial disparities and the disparate impacts of the policies that you talked about that led to mass incarceration, the policies that you defended when you criticized the bipartisan 2015 sentencing reform legislation, will you commit to, at least, as the most important law enforcement officer in the land, to studying those well-documented racial disparities and the impacts it has? General Barr. Of course, I will commit to studying that, and I will have the Bureau of Justice Statistics pull together everything they have. And if there is something lacking, I will get that. And I am interested in State experience. But when I looked at--I think 1992 was a different time, Senator. The crime rate had quintupled over the preceding 30 years, and it peaked in 1992. And it has been coming down since 1992. Senator Booker. And, sir, I just want to say, I was a young Black guy in 1990s, I was a 20-something-year-old, and experienced a dramatically different justice system in the treatment that I received. And the data of racial disparities and what it has done to Black--because you literally said this about Black communities, and I know that your heart--I know that your heart was in the right place. You said that, ``Hey, I want to help Black communities.'' This is what you were saying: ``The benefits of incarceration would be enjoyed disproportionately by Black Americans living in inner cities.'' You also said that, quote, ``A failure to incarcerate hurts Black Americans most.'' General Barr. And I will tell you what---- Senator Booker. And I just want to ask a yes-or-no question because I have seconds left. Do you believe now, 30, 40 years of mass incarceration, targeted disproportionately toward African Americans, harsher sentences, disproportionately represented in the criminal justice system, with the American Bar Association talking about once you have been incarcerated for even a low-level drug crime, there are 40,000 collateral consequences that impact your life--jobs, Pell grants, loans from banks. Do you think, just ``yes'' or ``no,'' that this system of mass incarceration has disproportionately benefited African-American communities? ``Yes'' or ``no,'' sir. General Barr. I think the reduction in crime has, since 1992, but I think that the heavy drug penalties, especially on crack and other things, have harmed the Black community, the incarceration rates have harmed the Black community. Senator Booker. And I would just conclude to my Chairman and partner, thank you, sir, on this, because I am really grateful for this bipartisan group, the Heritage Foundation, I have spoken at the AEI Conference, just found such great partnership. But I worry about the highest law enforcement officer in the land and some of the language I still hear you using that goes against the data and that you are going to be expected to oversee a justice system that you and I both know needs the faith and confidence of communities that has dramatically lost that confidence because of implicit racial bias. And the DOJ--and I will give you a chance to respond. The DOJ itself has said, mandated implicit racial bias training, and I hope that is something that you will agree to do. But this is the thing I will conclude on, that we live on a planet Earth where you can tell the most about a nation by who they incarcerate. In Turkey, they incarcerate journalists. Thank God we do not do that here, even though they have been called, ``the enemy of the people.'' In Russia, they incarcerate political opponents. I am glad we do not do that, even though with chants of, ``Lock her up.'' But you go into the American criminal prisons, sir, and you see the most vulnerable people. You see overstigmatized mentally ill people clogging our system. You see overstigmatized addicted people clogging our system. You see a system where, as Bryan Stevenson says, it treats you better if you are rich and guilty than if you are poor and innocent. And you see disproportionately, overwhelmingly for drug crimes, African Americans and Latinos being incarcerated. The importance of your job--and I will ask you this last question, because you have not met with me yet. You have given that courtesy to others. Would you please meet with me in my office so you and I can have a heart-to-heart on the urgency, the cancer on the soul of our country's criminal justice system, is the disproportionate impact of that system on those vulnerable communities, including women over 80 percent of whom, the women we incarcerate, are survivors of sexual trauma? Can you and I sit down to have a longer conversation than these 10 minutes will allow on this issue? General Barr. I would very much welcome that, Senator. You know, my experience back in 1992, when sort of blood was running on the streets all over the United States, my ideas were actually first formed when I went to Trenton, and the African-American community there essentially surrounded me and was saying, ``Look, we are in our golden years. We are trying to enjoy our golden years, and we cannot even go outside our house. We have bars on our house and so forth. Please, these gangs are running roughshod.'' So I developed this idea called ``weed and seed,'' and my attitude was, look, let us stop arguing past each other, let us attack root causes and let us get tough on crime. And I felt that for programs to work, like after-school programs and so forth, for housing projects to be safe, we needed strong enforcement in those communities, and we needed those other programs to be brought to bear community by community. And it had to be done with the leadership of the community, and that was this idea of the partnership. And it caught on. It was very popular. And, in fact, it was continued by a lot of the U.S. Attorneys in the Clinton administration after the Bush administration was out. And it actually, under a number of different names, has continued. So I am very conscious of the issues you raise, but my goal is to provide safe--was, and my motivation was to provide safety in these neighborhoods for the people trying to raise their children and for the older people and so forth. The neighborhoods are--you know, the crime rate has gone down. I make a distinction between the way we treat these chronic violent offenders and the drug penalties. The drug penalties, as I said, very high and Draconian, and in some cases that might have been necessary. But I supported revisiting the penalty structure. Senator Booker. And, sir, I am the only United States Senator that lives in an inner-city, low-income community. I have had shootings in my neighborhood, a young man killed last year on my block with an assault weapon. I know this urgent need for safety and security, and actually, I am not saying I am necessarily going to vote for you one way or the other, but I believe your intentions are well, but I think that some of the things you have said in the past lead me to believe that your policies might be misguided. In the way that Mike Lee and Cornyn and Graham and Grassley have been incredible partners in changing the American reality, I hope that you can be that kind of partner, too, and I hope that you and I can have a good heart-to-heart conversation, trusting that we both want the same end for all communities, safety and security, but a justice system that is fair to all American citizens. General Barr. I would welcome that, Senator. Senator Booker. Thank you, sir. Chairman Graham. Senator Blackburn. Senator Blackburn. Thank you, Mr. Chairman. And we appreciate your time today, Mr. Barr, and that of your family. I told Liam that Grandpa ought to give him whatever he wants to eat for dinner tonight. [Laughter.] Senator Blackburn. He has behaved very well and done a great job. Going back to something that Senator Kennedy mentioned on leaks and you said you would address that by compartmentalization, talk for just a little bit about your vision for the Department of Justice as you look at implementing first steps: addressing violent crime, dealing with opioids, dealing with online sex trafficking, the antitrust issues, the Mueller investigation, all the things we have talked about. How do you intend to lead that Department that is very different from the DOJ that you led previously? General Barr. In some ways it is different; in some ways it is not so different. But my basic approach to things is to get good lieutenants, good subordinates who are running different parts of the agenda, and give them, you know, their marching orders and watch them perform and get involved to the extent I can to make sure that we are pushing the priority things ahead. One of the interesting things about the Department of Justice that is a little different than many agencies is one of our--our first priority has to be to enforce all the laws. It is not like we can just come into work and say, ``Well, we are going to just pay attention to this, so we are not going to enforce all these other laws.'' We have to cover the waterfront. That is number one. But beyond that, what I tried to do last time and what I would try to do if you confirm me this time would be, you know, to make sure that even though we are enforcing things across the board, we have an understood set of priorities and we put the effort behind those priorities, and we define clearly what we are trying to achieve. So, for example, in the area of civil rights, when I was Attorney General last time--and I had discussed this with Senator Kennedy--I said, you know, we are not doing enough on housing discrimination. Housing is very important. It determines where you go to school, you know, the safety and so forth. And I set up a program. We hired testers and stuff like that. And we had a very clear goal and priority for that, and we launched it. And that is what--you know, that is what I plan to bring in area after area, defining what we are trying to accomplish and give the people the tools to get it done and give them the direction and motivation to get it done. Senator Blackburn. You have mentioned the Mueller investigation, your relationship with Mr. Mueller, having him finish the investigation. If we were to ask him about you, do you think his assessment would be that you are a fair and impartial leader that he can trust, that we can trust to lead the DOJ? General Barr. I hope he would say that, but I am not going to put--I am not going to put words in his mouth. Senator Blackburn. Words in his mouth, yes. We talked about technology and my interest in that area. And you have had--Mr. Lee and Mr. Hawley have also talked about antitrust and some of the enforcement there, big tech and Silicon Valley, and the power that is harbored there. They are gobbling a lot of their competitors. You have got Facebook and Google that are claiming to only be platforms for their users, but they are also getting into the content business. And that is why Facebook bought Instagram and WhatsApp, and Google bought YouTube and DeepMind for AI technology. So their tentacles are spreading, and they are moving away from a platform into that content into artificial intelligence, and their market dominance is causing some problems. And as we discussed, these companies are violating users' privacy. They are recklessly sharing their users' personal data with third parties. This is done without explicit permission. We cannot let these companies collude to drive out competitors, or to ignore vital data privacy protections, and big tech operated really without regard to the law. And you and I talked a little bit about one of the edge provider CEOs who, last spring, when he came before a House Committee--he was also here before this Committee--there was even reference to how--I discussed how he subjectively manipulated--or asked if he subjectively manipulated algorithms, and how there was concern that some of these platforms referencing a statement he had made functioned more like a government than a platform or an information service. So how--do you intend to begin this conversation and begin this work addressing the antitrust provisions with big tech? General Barr. Yes. You know, as I mentioned, I am interested in these issues and would like to have them fully ventilated at the Department with the Antitrust Division and also with, you know, outside experts so I can have a better understanding. I do want to say, however, that I am going to be recusing myself from AT&T because---- Senator Blackburn. Time Warner, yes. General Barr. Yes, because now Time Warner is part of AT&T---- Senator Blackburn. Right. General Barr [continuing]. And I was told that under the rules, that will carry over to AT&T. So until I talk to the ethics advisors at the Department, I do not want to get too far ahead of my skis and sort of talking about the tech area. But as a general policy matter, I want to get into this area because I think it is on a lot of people's minds---- Senator Blackburn. Absolutely. General Barr [continuing]. And how the law relates to these--you know, to these developments that we see with these large companies. And I do not mean to cast aspersions on any particular company or executive. Senator Blackburn. Well, and I think for many of us, if you are looking at a merger and they cannot prove the efficiencies and they cannot prove that there will be increased competition, then it does raise some questions as to how those would be evaluated. And let me go to one other issue that is developing on this privacy front. It is a data privacy problem that I do not think a lot of people realize, and it is the embedding of hardware and then the geolocation, and sometimes that information is sold. Now, it folds into the encryption issue because law enforcement has a very difficult time getting the information from devices and from the services on encryption. But we are now aware that many times bounty hunters will be paid a few hundred dollars, and then they can go in and find the location of that phone. And some of these Android operating systems are specific enough that they do the barometric pressure readings, and they can tell you exactly where in a building that this phone is located. So I would hope that you are going to look at the legal procedures that surround this kind of data and this kind of tracking and the privacy provisions that are going to pertain to consumers as they use these devices. General Barr. Yes. Senator Blackburn. Good. Thank you. Let me move on. Senator Ernst talked a little bit about the online sex trafficking. In Tennessee, we have followed this issue so closely because our TBI carried out an operation where they apprehended 22 traffickers. Twenty-two men were arrested for sex trafficking, and much of that work--and the work I have done in the House in the online sex trafficking, working to shut down BackPage.com, and to keep our children and keep women safe from these online traffickers. And, you know, we were so pleased that last April the Justice Department seized BackPage and charged seven defendants for facilitating prostitution and sex trafficking crimes. And what we know is that when you shut down a site like BackPage, the big one, then you have a lot of small sites that proliferate. And we know that it is going to really take a lot of effort to arrest this situation so that you are not constantly playing whack-a-mole with these. So I would hope that you will be committed to putting an end to this kind of violence and online trafficking. General Barr. Yes, and I--you know, and I know how focused you are on it and the leadership you have provided over the years on it. I do not know that much about the problem and also about what resources are currently being devoted to it in the Department, but I would like to come by---- Senator Blackburn. Great. General Barr [continuing]. And talk to you further about it once I get exposed to it, if I am confirmed. Okay. Senator Blackburn. Thank you. My time has expired. Mr. Chairman, I yield back. Thank you, Mr. Barr. Chairman Graham. Senator Harris. Senator Harris. Thank you, Mr. Chairman, and congratulations. And to you, congratulations on your nomination, and thank you for your lifetime of dedication to public service. General Barr. Thank you. Senator Harris. In response to a question that Senator Ernst asked, you mentioned that we need barriers across the border to deal with drug trafficking. Are you advocating a wall? General Barr. Well, I think I am advocating a system, a barrier system in some places, and I would have to find out more about the situation since I last visited the border. Senator Harris. From what you know, do you believe that a wall would address the concern that you have about drug trafficking? General Barr. Well, a wall certainly would, but I--in some places it may not be necessary to have, you know, what most people imagine as a wall. Senator Harris. Are you aware that most of the drugs coming into the United States, and particularly through Mexico, are entering through ports of entry? General Barr. Yes, but they also come elsewhere, and so do illegal immigrants cross the border and---- Senator Harris. But in particular on the subject of drug trafficking, are you aware that most of the drugs that are trafficked into the United States enter through points of entry? General Barr. Yes. Senator Harris. Have you recently or ever visited a point of entry--a port of entry in the United States? General Barr. Not recently. Senator Harris. When was the last time? General Barr. I used to spend a lot of--well, when I was Attorney General. Senator Harris. So a couple of decades ago. General Barr. Almost 30 years. Senator Harris. Okay. I would urge you to visit again if and when you are confirmed. I think you will see that a lot has changed over the years. Given the status quo on marijuana and the fact that 10 States, including the District of Columbia, have legalized marijuana, and given that the status quo is what it is, and, as you rightly described, we have Federal laws, and then there are various States that have different laws, if confirmed, are you intending to use the limited Federal resources at your disposal to enforce Federal marijuana laws in the States that have legalized marijuana? General Barr. No. I thought I answered that by saying that, you know, to the extent people are complying with the State laws, you know, and distribution and production and so forth, we are not going to go after that. Senator Harris. Okay. General Barr. But I do feel we cannot stay in the current situation because, I mean, if--you can imagine any kind of situation. Can an existing administration and an Attorney General start cutting deals with States to say, well, we are not going to apply the Federal law, you know--some gun law or some other thing, say, well, we are not going to apply it in your State---- Senator Harris. I appreciate your point, but specifically, and I appreciate you answering the question, you do not intend to use the limited Federal resources at your disposal to enforce Federal marijuana laws in those States or in the District of Columbia that have legalized marijuana. General Barr. That is right. Senator Harris. Thank you. General Barr. But I think the Congress of the United States--it is incumbent on the Congress to regular--you know, make a decision as to whether we are going to have a Federal system or whether it is going to be, you know, a central Federal law---- Senator Harris. I agree with you---- General Barr [continuing]. Because this is breeding disrespect for the Federal law. Senator Harris [continuing]. I agree with you. I believe Congress should act. I agree. Earlier today, Senator Leahy asked whether you would follow the recommendation of career Department of Justice ethics officials on whether you should recuse yourself from the Mueller investigation. You said, ``I will seek advice of the career ethics personnel, but under the regulations, I make the decisions as the head of the Agency as to my own recusal.'' You also said to Senator Klobuchar that you do not want to ``abdicate your duty since a recusal decision would be yours.'' So my question is, would it be appropriate to go against the advice of career ethics officials that have recommended recusal, and can you give an example of under what situation or scenario you would go against their recommendation that you recuse yourself? General Barr. Well, there are different--there are different kinds of recusals. Some are mandated, for example, if you have a financial interest, but there are others that are judgment calls. Senator Harris. Let us imagine it is a judgment call, and the judgment by the career ethics officials in the Agency are that you recuse yourself. General Barr. Then it---- Senator Harris. Under what scenario would you not follow their recommendation? General Barr. If I disagreed with it. Senator Harris. And what would the basis of that disagreement be? General Barr. I came to a different judgment. Senator Harris. On what basis? General Barr. The facts. Senator Harris. Such as? General Barr. Such as whatever facts are relevant to the recusal. Senator Harris. What do you imagine the facts would be that are relevant to the recusal? General Barr. They could be innumerable. I mean, there are a lot of--you know, for example, there is a rule of necessity, like who else would be handling it. It could be---- Senator Harris. Do you believe that would be a concern in this situation if you are--if the recommendation is that you recuse yourself from the Mueller investigation, do you believe that would be a concern, that there would be no one left to do the job? General Barr. No, I am just--well, in some--in some contexts, there very well might be because of, you know, the-- who is confirmed for what and who is in what position. But apart from that, it is a judgment call, and the Attorney General is the person who makes the judgment, and that is what the job entails. Senator Harris. As a general matter that is true, but specifically on this issue, what--under what scenario would you imagine that you would not follow the recommendation of the career ethics officials in the Department of Justice to recuse yourself from the Mueller investigation? General Barr. If I disagreed with them. Senator Harris. Okay. We will move on. Senator Feinstein previously asked you whether you would put your June 2018 memo--whether you put together that memo based on non-public information. Your response was that you ``did not rely on confidential information.'' Are you creating a distinction between non-public information and confidential information? General Barr. No. Senator Harris. Okay. In response to a question from Senator Durbin about harsh sentencing laws, you stated in response to the crack epidemic that community leaders back when you were Attorney General previously asked for these type of sentencing laws. Now, my understanding is that many of these community leaders at that time, and I was a young prosecutor during those days, knew and said even then that the crack epidemic was a public health crisis, and that that was really the chorus coming from community leaders, not that they wanted drug-addicted people to be locked up. And similarly, now we can find that in most of the communities afflicted by the opioid crisis, they are similarly, these community leaders, asking that it be addressed for the public health crisis that it is. So my question is, if and when you are confirmed in this position, would you agree that when we talk about the opioid crisis, the crisis in terms of methamphetamine addiction, or any other controlled substance, that we should also acknowledge the public health ramifications and causes, and that there is a role for the chief law enforcement officer of the United States to play in advocating for a public health response and not only a lock them up response? General Barr. Well, I think the commission that was chaired by Governor Chris Christie came up with a three-pronged strategy, and I think that recognized that part of it was treatment and education, recovery, and prevention, but the third prong of it was enforcement and interdiction, and that is the job of the Department of Justice. The Department of Justice cannot be all things to all people and---- Senator Harris. Sir, but I would suggest to you that in the intervening almost 30 years since you were last Attorney General that there is consensus in the United States that when we look at the drug epidemic, whatever the narcotic may be, that there is now an understanding that the war on drugs was an abject failure, that America, frankly, has a crisis of addiction, and that putting the limited resources of our Federal Government into locking up people who suffer from a public health crisis is probably not the smartest use of taxpayer dollars. So, if confirmed, I would ask that you take a look at the more recent perspective on the drug crisis that is afflicting our country, and then I will move on. Today there is a billion dollar---- General Barr. Excuse me. May I just say something in response to that---- Senator Harris. Sure. General Barr. Which is, I was just making the observation that the job of the Department of Justice is enforcement. I recognize there are a lot of dimensions to the problem, and that is why you have places like HHS. The Department cannot be--you know, cannot do the job of everybody. Senator Harris. Sir, but I would remind you what you said because I agree with it. You said earlier the role of the Attorney General, one, is to enforce the rule of law; two, is a legal advisor to the President and the Cabinet; and three, is policy. This is a policy issue, so I would urge you to emphasize that role and power that you will have if confirmed and think of it that way. General Barr. I see. I see. Senator Harris. I would like to talk with you about private prisons. There is a billion-dollar private prison industry that profits off of incarcerating people, and, frankly, as many as possible. By one estimate, the two largest private prison companies in the United States make a total combined profit of $3.3 billion--that is with a ``B''--dollars a year. In August 2016, the Justice Department issued a report on the Bureau of Prisons' use of private prisons that concluded, ``Contract prisons incurred more safety and security incidents per capita than comparable Bureau of Prisons institutions.'' Given this conclusion that prisons run by for-profit companies have been found to be less safe than Government-run prisons, if confirmed, will you commit to no longer renew private prison contracts? General Barr. Whose report was this, BOP? Senator Harris. This was--yes, from the Justice Department. General Barr. BOP? Yes, I would like to--you know, I would obviously look at that report, yes. Senator Harris. Okay. And then---- General Barr. But I am not committing--I mean, I would want to see what the report says, yes. Senator Harris. Sure. And then I would appreciate a follow- up when you have a chance to read it. Senator Harris. Thank you. My time is up. Chairman Graham. Senator Tillis. Senator Tillis. Thank you, Mr. Chair. Mr. Barr, thank you for being here, and, Liam, your granddaddy is doing good. Mr. Barr, I want to go back because it is a long time. I think I am the last person in the first round, so I think we have to go back and maybe have you restate some things that you said earlier before I get to a few other things that I hope I have time to cover on intellectual property, Americans with Disabilities Act, and a GAO report back from 2014. I do have to ask a question while Senator Kennedy is here because I do not think he covered the full landscape. He asked about anybody in Government, anyone in the Western Hemisphere, but did you, in fact, talk to anybody in the Eastern Hemisphere with respect to the Mueller probe? [Laughter.] General Barr. No, I did not. Senator Tillis. Okay. Thank you. We got that--we got that-- Senator Kennedy. Ask him about the Milky Way. [Laughter.] Senator Tillis. We got that closed out. You know, would you go back again and please describe for me the--first off, I think we have all--you have made it very clear in spite of the fact some people thought that you had coaching and some of the citations in the memo that you wrote, that this is a memo you wrote on your own. Can you explain to me, again, the motivation behind the memo, what precisely you were trying to communicate, just for the record? General Barr. Yes, Senator. So the public commentary and media commentary was sort of dominated by discussion of obstruction of justice, and everyone was throwing out obstruction theories and so forth. And the statute that relates to obstructing a proceeding that is not yet in being--that is, some future proceeding--is 1512. And my view was--of the particular provision, 1512(c), was, that it requires--what it covers is obstruction by means of impairing evidence that, you know, some evidence is going to be needed in a future proceeding, and you impair it either by making it not available or by corrupting it in some way, altering it, destroying it. That is what I thought the scope of that statute dealt with, and to my knowledge, the only cases ever brought under it involved the destruction of evidence. Based on public reports, which may be completely wrong, I thought that the--it was being--that the Special Counsel may be trying to interpret the statute to say that any act, not destruction of evidence or anything like that, but any act that influences a proceeding is a crime if it is done with a bad intent. My concern there is, that, unlike something like bribery statute or document destruction where you prohibit it, that is a bad act. You do not need to be performing that bad act if you are a Government official. But if you say that any act that influences a proceeding is a crime if you have a bad state of mind, that is what the people at Justice Department do every day of the week is influence proceedings. That is what they are there for. And what I was worried about is, the impact on the Department and other agencies if you say to someone, if you, in supervising a case or handling a case, make a decision with a--for a bad intent, it can be a crime. And I thought that that would essentially paralyze the Government. So just to give an example, you know, Eric Holder made some pardon recommendations during the Clinton administration which were controversial. Incidentally, I supported Eric Holder for his position. But could someone come along then later and say, well, if you did that for a political reason to help Hillary Clinton run in New York, that is a crime and when he--when he is exercising his prerogatives, you know, in that situation? And you can just see how that could paralyze Government, and that was my concern. Senator Tillis. You also referred to your concerns with the prosecution of Senator Menendez. General Barr. Yes. Senator Tillis. Did that weave into that same thought process? General Barr. Yes, because in that case my concern was that they were basically taking activities that were not, you know, wrongful acts in themselves. You know, the political contributions were lawful political contributions, and the things with--you know, the travel on his friend--that was his friend for 25 years. They were taking a trip together. And you take those kinds of things and then you couple it with official action, and then the prosecutor comes along and says, well, we are going to look into your mind and see what your subjective intent was for performing these two sets of lawful acts, and we are going to say, you know, that you are corrupt. Senator Tillis. Good. General Barr. So I just think that gives too much power to the prosecutor, and I think if that kind of--and by the way, you know, they have had cases like this for, you know--I mean, they have been pursuing things like this, and they have had to be slapped down a few times by the Supreme Court on these kinds of aggressive things involving, you know, quid pro quos on the Hill. So, I---- Senator Tillis. Let me---- General Barr. Yes. Senator Tillis [continuing]. If I can. Thank you. I just thought it was helpful because I think you tried to explain a lot of that and you were cut off, so I thought I would use some of my time in the first round to ask you that. Also I think somebody tried to characterize you as having somehow been opposed to any sort of Russia probe or Russia investigations. Have you ever gone on record as opposing any of the things that we are trying to do to figure out where Russia may have been involved in election tampering? General Barr. No, and, in fact, in the op-ed piece where I said I thought the President was right in firing Comey, I said that the investigation was going forward under the supervision of Rod Rosenstein. Senator Tillis. Yes. Did you also say more than one time that you felt like the Special Counsel investigation should reach a conclusion, that Special Counsel Mueller should not be--that he should be allowed to draw this to a conclusion, then he will submit his report, and you are going to do everything that you can to present as much of that information as you can--as you can to the extent that confidential information is not being compromised? General Barr. Yes. To the extent that regulations permit it, yes. Senator Tillis. Did you also say that there is--even a scenario--you could not imagine a scenario for cause, but even a scenario for cause for you to have to--you would have to take under serious consideration before you removed Special Counsel? General Barr. That is right. Senator Tillis. Yes. Okay. General Barr. There has not been a Special Counsel removed since Archibald Cox, and that did not work out very well. Senator Tillis. Did not work out too well, right. And so, and, again, did you also say that under--in no circumstances have you had a discussion with the President with respect to--I think you said you had a discussion about you had a relationship with Mr. Mueller, but no discussion about the Special Counsel investigation and your opinions on it with respect to any discussions you have had with the President? General Barr. Right. That was the first meeting I had with the President, and then in November I met with him about the Attorney General job. And there was no discussion of the substance of the--of the investigation. The President did not ask me my views about any aspect of the investigation, and he did not ask me about what I would do about anything in the investigation. Senator Tillis. With respect to the line of the questioning about the States that have legalized marijuana either for medicinal purposes or recreational purposes, I think what you were trying to say in a very, very respectful way is, it is not your job to do our job. Is that right? That if we ultimately want to provide certainty for these businesses--you have done a good job in saying that you disagree with the policy of the States, but we are where we are, and you would not want to undermine that given that investments have been made, States have moved forward. But at the end of the day, we should stop talking about it here and making it your job. And those Members--I do not happen to be one of them--who think that we should take these Federal laws off the books, should probably file a bill and try and get it done. Is that a fair assessment of your opinion? General Barr. That is--that is generally fair, yes. Senator Tillis. Okay. General Barr. Yes. Senator Tillis. Just a few minor things so that we can get to the next round. There was a report by the Inspector General, in 2014, that had to do with accountability in the Department of Justice. I do not expect you to be familiar with this report, but there were some very interesting observations there about a lack of follow-through on disciplinary action for a number of--I think the subtitle of the report was that DOJ could strengthen procedures for disciplining attorneys. It is something I would commend to you and maybe dust off and see if there have been any actions since this report. I did not get a satisfactory answer when it was contemporary with the nominee from the Obama administration for the position you are seeking, which is one of the reasons why I opposed the nomination. General Barr. Actually, I--you know, I think very highly of Inspector General Horowitz, and I have not seen that report. But that issue is one that I plan to take up with him. Senator Tillis. Yes. And then, just so that I do finish on time versus pretend I am going to and go 2 minutes early--over, one, I want to get your recommendation on intellectual property. I think we have more work to do to give the Department of Justice tools to go after bad actors, which are China, Russia, India, a number of other countries, Brazil, that are stealing our intellectual property. I also want to talk about what I think is the exploitation of the Americans with Disabilities Act, particularly around website access. The web did not exist, and now we have attorneys filing a number of frivolous lawsuits. I would like to get some feedback on that after you get confirmed. [The information appears as a submission for the record.] Senator Tillis. And finally, I want to make sure that you recognize in the First Step Act that faith-based organizations that have proven to help reduce recidivism are absolutely in play for the First Step Act, and hopefully we can make sure the Department of Justice moves forward with that. Thank you, Mr. Chair. Chairman Graham. Thank you. General Barr. Thank you, Senator. Chairman Graham. I believe that is the end of the first round. Mr. Barr, are you able to go for a little bit longer? General Barr. Sure. Chairman Graham. Okay. So we will start--we will do 5 minutes. As you can tell, I have been pretty liberal with the time, but let us try to honor it the best we can. Senator Grassley. Senator Grassley. Where he left off on working with faith- based institutions, you were very positive about that? General Barr. Absolutely, Senator. Senator Grassley. That takes care of my first question. Enforcement of the antitrust laws is extremely important to ensure that markets are fair and participants do not engage in abusive activity harming consumers. I have been particularly active in making sure that the Justice Department and the Federal Trade Commission carefully scrutinize mergers, as well as looking out for anticompetitive behaviors and predatory practices in certain sectors of the economy, and particularly in my State of Iowa, the agricultural industry. But I am also pursuing things in healthcare. In particular, because I will be Chairman of the Senate Finance Committee, I am interested in making sure that companies in the drug and healthcare industries are playing by the rules. Everyone is concerned about the high cost of healthcare, and especially the skyrocketing price of prescription drugs. Do you agree that the Justice Department has a very important role in this area? General Barr. Yes, Senator. Senator Grassley. And would you commit to making antitrust enforcement a priority? General Barr. Yes, it has to be a priority. Senator Grassley. Okay. Thank you. Now, to a favorite issue of mine, whistleblower protection. Whistleblowers, as I told you in my office, are very critical to exposing waste, fraud, and abuse. There are our eyes and ears on the ground. Their courage, when they have it, and most of them do have great courage or they would not come forward to expose Government malfeasance, that is how important they are. So, I hope I can have you have a favorable view toward the opportunity to listen to the whistleblowers, protect them from retaliation, and promote a culture that values the important contribution from those patriotic people. General Barr. Absolutely, Senator. Senator Grassley. And now to the Foreign Agents Registration Act. I hope you understand there have been very few prosecutions under the Foreign Agents Registration Act since 1938, and so that lack of enforcement, I think, is getting, obviously, even since the Mueller investigation, getting a lot more attention now. But we had a hearing on it before the Committee, and I think it proves that we should see more transparency and more enforcement against bad actors, not less. Do you agree that the Foreign Agent Registration Act is a critical national security and public accountability tool? And if confirmed, will you commit to make sure that that act is a top priority? General Barr. Yes, Senator. Senator Grassley. Okay. So then getting back to the legislation that I think will improve that 1938 Act, I introduced the Disclosing Foreign Influence Act to improve transparency, accountability, and enforcement. You have not probably read that Act, but I would like to work with you even though it is not in this Committee. It is in the Foreign Relations Committee. I would like to have you work with us so it is something that we can pass and make sure that this law is more useful than it has been over the last 80 years. I support the Freedom of Information Act and the public disclosure of Government records. Transparency yields accountability. You hear me say that all the time, and that is true no matter who is in the White House. When I was Chairman of the Committee, I helped steer the FOIA Improvement Act into law, which creates a presumption of openness, and that presumption of openness is a very important standard. The Justice Department oversees the Federal Government's compliance with FOIA, so I hope you would agree that FOIA is an important tool for holding Government accountable. And if confirmed, then, would you make sure it is a top priority to make FOIA and the faithful and timely implementation of the 2016 amendments a top priority? General Barr. Yes, we will work hard on that. Senator Grassley. Because you know what really happens within the bowels of the bureaucracy. It just takes them forever because maybe something is going to embarrass someone, so they do not want it out in the public and you get all sorts of excuses. We have got to do away with those excuses. One way to make FOIA work better is by reducing the number of requests. This will be my last question. One way to make FOIA work better is by reducing the number of requests that have to be made in the first place. That is why I am a strong advocate for improved proactive disclosure. If confirmed, will you commit to help advocate for more proactive disclosure of Government records? Now, that is not just by the Justice Department, but because you are the Department's top dog in this particular area in the Federal Government overall? General Barr. Yes, Senator. Senator Grassley. Thank you. Chairman Graham. Senator Feinstein. Senator Feinstein. Mr. Barr, I see you have staying power, and I see it runs in the family, and particularly your grandson. I would like to send a little care package to him. General Barr. Thank you, Senator. Senator Feinstein. You are welcome. Senator Leahy. He does not have to share it with the rest of the family. [Laughter.] Senator Feinstein. In 1994, you said that gun control is a dead end. It will not reduce the level of violent crime in our society. The year you made this comment, I introduced a Federal assault weapons ban, and the President signed it into law. A 2016 study shows that compared with the 10-year period before the ban was enacted, the number of gun massacres between 1994 and 2004 fell by 37 percent, and the number of people dying from gun massacres fell by 43 percent. In addition, between 2004 and 2014, there has been a 183 percent increase in massacres and a 239 percent increase in massacre deaths. Do you still believe that prudent controls on weapons will not reduce violent crime? And if so, what is your basis for this conclusion? General Barr. I think that the problem of our time is to get an effective system in place that can keep dangerous firearms out of the hands of mentally ill people. That should be priority number one, and it is going to take some hard work, and we need to get on top of the problem. We need to come up with--agree to standards that are prohibiters of people who are mentally ill. We have to put the resources in to get the system built up the way we did many years ago on the felon records and so forth. We have to get the system working. And as I say, it is sort of piecemeal a little bit right now. We need to really get some energy behind it and get it done, and I also think we need to push along the ERPOs so that we have these red flag laws to supplement the use of the background check to find out if someone has some mental disturbance. This is the single most important thing I think we can do in the gun control area to stop these massacres from happening in the first place. Senator Feinstein. Well, thank you. I would like to work with you in that regard. In August 2002, the Justice Department's Office of Legal Counsel issued opinions authorizing enhanced interrogation methods that included waterboarding and extended sleep deprivation. These opinions were later withdrawn and the Justice Department's Office of Professional Responsibility found that they reflected a lack of--this is a quote--``a lack of thoroughness, objectivity, and candor,'' end quote. In 2015, I worked with Senator McCain to pass legislation making clear that enhanced interrogation techniques are unlawful and limiting authorized interrogation techniques to those listed in the Army Field Manual, and that is the law today. If confirmed, will you ensure that the Justice Department upholds the law? General Barr. Yes, Senator. I think that that was an important change because I think it gave clarity to the law, and I will support that law. Senator Feinstein. Thank you. I am delighted to hear that. Now, a lot of us have asked about the Mueller report and whether you would commit to providing it to Congress. When asked, I thought you said yes, but when I tried to clarify it-- I meant the full report, including obstruction of justice--you again said yes. Then when Senator Blumenthal asked you about the Mueller report, you seemed to make a distinction and said you were going to provide your own report based on Mueller's report, but not the report--this is the way we understood it-- but not the report he submits at the end of the investigation. This is concerning as there is nothing in the regulations that prevent you from providing Mueller's report to Congress. While the regs refer to a confidential report to be provided to the Attorney General, the regs do not say that confidentiality means the report cannot be provided to Congress. So here is the question. Will you provide Mueller's report to Congress, not your rewrite or a summary? General Barr. Well, the regs do say that Mueller is supposed to do a summary report of his prosecutive and his declination decisions and that they will be handled as a confidential document, as are internal documents relating to any Federal criminal investigation. Now, I am not sure--and then the AG has some flexibility and discretion in terms of the AG's report. What I am saying is my objective and goal is to get as much as I can of the information to Congress and the public. These are departmental regulations, and I will be talking to Rod Rosenstein and Bob Mueller. I am sure they have had discussions about this. There is probably existing thinking in the Department as to how to handle this. But all I can say at this stage, because I have no clue as to what is being planned, is that I am going to try to get the information out there consistent with these regulations, and to the extent I have discretion, I will exercise that discretion to do that. Senator Feinstein. Well, I can only speak for this side, and maybe not all this side, but we really appreciate that, and the degree to which you can get us a prompt report in the fullest possible form would be really appreciated. I think there has to be a realization, too, among the administration, that this is an issue of real concern to people and to the Congress, and we should be able to see the information that comes out. General Barr. I understand. Senator Feinstein. So, I am very hopeful. Thank you. Let me ask this question on ``enhanced''--did my time run out? Chairman Graham. Yes, but go ahead. Senator Feinstein. On ``enhanced interrogation'': During a 2005 panel discussion, you said the following about interrogating suspected terrorists, and I quote, ``Under the laws of war, absent a treaty, there is nothing wrong with coercive interrogation, applying pain, discomfort, and other things to make people talk, so long as it does not cross the line and involve the gratuitous barbarity involved in torture,'' end quote. This is a panel discussion on civil liberties and security, on July 18, 2005. Do you believe that torture is ever lawful? General Barr. No. Senator Feinstein. Is waterboarding torture? General Barr. I would have to look at the legal definition. You are talking about under the--right now it is prohibited. So the law has definitively dealt with that. I cannot even remember what the old law was that defined torture. I would have to look at that and then, you know, figure out what is involved in it. But it--sorry. Senator Feinstein. Keep going. I did not mean to interrupt you. General Barr. No, it is okay. Senator Feinstein. At what point does interrogation cross the line to the ``gratuitous barbarity involved in torture''? That is your quote. General Barr. Well, I was not using that, the gratuitous barbarity--that is what I was saying, that torture is gratuitous barbarity. So I was not saying that gratuitous---- Senator Feinstein. Oh. Well, that is helpful, then. General Barr. Yes. Senator Feinstein. That is helpful. General Barr. Yes. Senator Feinstein. And you define waterboarding. You know, one would think these questions would never be necessary. I thought that all my life. And then I found I was wrong and they really are. I was Chairman of Intelligence when we did the big Torture Report, and what I found and what I saw was really indicative of reform. So I think for the Attorney General, knowing the position is really very important, maybe you could concisely state your position on torture. General Barr. I do not think we should ever use torture, and I think that the clarification that--was it your legislation of putting in the Army---- Senator Feinstein. It was Senator McCain---- General Barr. The Army Field Manual---- Senator Feinstein. That is right. General Barr [continuing]. Was important to clarifying where the line is. Senator Feinstein. Thank you. Thank you, Mr. Chairman. Chairman Graham. Senator Cornyn. Senator Cornyn. Mr. Barr, I want to talk about guns, and I want to talk about China in the 5 minutes we have together. Back in 1992, there was some discussion about your position on the Congress' role when it comes to banning certain types of semi-automatic weapons. Sometimes people call those assault weapons, but in the intervening years, the Supreme Court has now spoken in both the Heller and McDonald cases and recognized that the Second Amendment confers an individual and fundamental right to bear arms. Could you bring us up to date from your views in 1992 and how they were affected by Heller and McDonald, and what your views now are on the Second Amendment? General Barr. Sure. I think I opposed an assault weapons ban because I felt that that was really sort of the aesthetics of the gun. But since that time, Heller has been decided. Actually, before Heller, I did work at OLC on this issue, and I personally concluded that the Second Amendment creates a personal right under the Constitution. It is based on the Lockean notion of the right of self-preservation. It is tied to that, and I was glad to see Heller come out and vindicate that initial view that I had. And so there is no question under Heller that the right to have weapons, firearms is protected under the Second Amendment and is a personal right. At the same time, there is room for reasonable regulation, and from my standpoint, what I would look for in assessing a regulation is, what is the burden on law-abiding people, and is it proportionate to whatever benefit in terms of safety and effectiveness will be conferred. As I said just a moment ago, let us get down to the real problem we are confronting, which is, keeping these weapons out of the hands of people who are mentally ill, and I think all the rest of this stuff is really essentially rhetoric until we really get that problem dealt with in terms of the regulatory approaches. Senator Cornyn. As our colleague, the Senator for Louisiana, Senator Kennedy, likes to say, the Bill of Rights is not an a la carte menu. I agree with that, and I also agree that there are many facets to these mass violence incidents. After the shooting at Sutherland Springs, we found out that the background check system, the National Instant Criminal Background Check System, was not being used appropriately by the U.S. Government, in that case, the Air Force. And if it had been, this individual who killed 20 people and injured 26 more at a Baptist church right outside of San Antonio, would not have been able to legally get his hands on the firearm by lying. But certainly the mental health issue that you mentioned, we have done work there with---- General Barr. Fix NICS. Senator Cornyn [continuing]. In the Fix NICS area. We have also done the expanded pilot programs and assisted outpatient treatment for people suffering from mental illness, recognizing that it is difficult for any family member to control, particularly an adult, but that providing an opportunity to go to court and get basically a civil order that would require them to comply with their doctor's orders, take their medication, and the like. I am thinking of Adam Lanza at the Sandy Hook shooting whose mother did not know how to control him as he was getting more and more ill, only to have him take her very weapon and then kill her and then go murder the innocent children. On China, do you agree with me that China represents probably one of the preeminent economic challenges to America, particularly because of their theft of intellectual property and their exploitation of gaps in foreign investment that we have tried to address through improvement of the CFIUS process, the Committee on Foreign Investment in the United States? But talk to me a little bit about what you see as the challenge of China, both economically and from a national security standpoint. General Barr. Well, I think they are the paramount economic and military rival in the world. I think that they are very formidable because they take the long view. They have been stealing our technology, and they have been gradually building up their military power and investing in new technologies. I think from a military standpoint it is very disturbing how much progress they are making, largely based on U.S. technology. I really thought that Attorney General Sessions was right on target in setting up his China initiative in the Department to start going after the pirating of American technology and other kinds of illegal activities that Chinese nationals are involved in here in the United States, and even abroad. Senator Cornyn. Would you share my skepticism that Chinese telecommunications companies like Huawei and ZTE, in terms of how that once in the hands or in the networks of unsuspecting countries, that that could be used for espionage purposes and theft of intellectual property? General Barr. Yes. In fact, even in my old Verizon days, we understood the danger and would not use that kind of equipment, even though it would be economically attractive. Chairman Graham. Before Senator Leahy, I would like to, on behalf of Senator Feinstein, introduce into the record letters that express opposition and concern from groups like the Leadership Conference on Civil and Human Rights, Planned Parenthood, People for the American Way, National Education Association, Alliance for Justice, NARAL, the National Urban League, the National Council of Jewish Women, the Center for American Progress, the Human Rights Campaign, and a letter from Representative Raul Grijalva--I hope I got his name right--from Arizona. In support, we have letters from the International Association of Chiefs of Police, a letter from the National Fraternal Order of Police, numerous letters signed from 100 former Federal law enforcement national security officials, including three former Attorneys General and a lot of U.S. Attorneys, and heads of the CIA, FBI, and Department of Homeland Security, a letter from the National Narcotics Officers Association, a letter from the International Union of Police Associations, a letter from Major Cities Chiefs Association, a letter from the Association of State Criminal Investigative Agencies. Without objection, I would like to enter all that into the record. [The information appears as submissions for the record.] Chairman Graham. Senator Leahy. Senator Leahy. Thank you, Mr. Chairman. You just mentioned being at Verizon during the NSA's metadata program known as PRISM and Upstream. It required telecom internet providers to hand over huge amounts of data to the Government, and you testified in 2003 that the law is clear that a person has no Fourth Amendment rights in these records left in the hands of third parties, the Third-Party Doctrine. I actually disagreed with you at that time, and I hope you would now, especially as the Carpenter decision just came down, written by Chief Justice Roberts, that this is generally requiring the Government to get a warrant to obtain geolocation information through the cell site location information. Does that change the opinion you had back then? General Barr. It sounds like--I have not read that decision, Senator. It may modify my views. I would have to read the decision. I was going on the Miller decision relating to bank records. But also you mentioned that you were tying this to the NSA collection, and then tying it to my testimony, because---- Senator Leahy. You had said that a person has no Fourth Amendment rights in these records left in the hands of third parties, the Third-Party Doctrine. General Barr. Yes. That was the---- Senator Leahy. That seems to be undercut by Carpenter. General Barr. I will take a look at that. But I do not want people to have the impression that Verizon was involved in responding---- Senator Leahy. Then would you respond for the record? General Barr. Yes, sure. Certainly. Senator Leahy. And you said back in November 2017 that you saw more basis for investigating the Uranium One deal than supposed collusion between President Trump and Russia, and by not pursuing these matters the Department is abdicating its responsibility. Just about everybody has debunked the Uranium One controversy. I think probably the nail in the coffin was President Trump's biggest supporter, Fox News, who debunked it. Did I miss something in there? General Barr. No. Actually, that--you will notice that there were no quotes around that, and then the next sentence is plural, ``matters.'' My recollection of that is, what I think it was relating to, the letter and the appointment of Huber in Utah to look at a number of things. The point I was trying to make there was that whatever the standard is for launching an investigation, it should be dealt with evenhandedly, whatever that trigger is, should be applied to all. I have no knowledge of the Uranium One. I did not particularly think that was necessarily something that should be pursued aggressively. I was trying to make the point that there was a lot out there. I think all that stuff at the time was being looked at by Huber. That is my recollection. I may be wrong on that. Senator Leahy. I think the fact that the investigation has been pretty well debunked, we do not have to worry about it in the future. But we do have one thing that is happening right now. The Trump shutdown is in its 25th day. The Justice Department has 13,000 FBI agents, 16,000 prison guards, 3,600 U.S. marshals, 4,300 Drug Enforcement agents--all working without pay. The FBI Agents Association I realize is not part of the Government, but the Association described the effect of this shutdown as a potential national security issue. So let me just ask you, in your years of experience in the Department, what impact do you believe a long-term shutdown has on law enforcement? General Barr. Well, I think most people involved in law enforcement are--I do not know if the lingo is still the same. They used to be called essential. I think it has been changed to something else, but I think they are on the job. But obviously people would like to see the shutdown ended, and that is why people want to see some kind of compromise. You call it the Trump shutdown, but it takes two to tango. Senator Leahy. Only because he called it that. General Barr. Okay. Senator Leahy. And I said finally I have got something I could agree with him on. Senator Shelby and I put together appropriations bills that passed almost unanimously in the Senate at a time when we could have kept the Government open, at a time when it is hard to get something unanimous saying the sun would rise in the East. So I was just agreeing with the President. But no matter what you call it, is it not a fact that this does have an effect on law enforcement? General Barr. Well, not having a wall also has an effect on law enforcement. Senator Leahy. And not paying our law enforcement people. We have both had experience in law enforcement, you at the national level, me at the State level. If you do not pay our law enforcement people, I think there is an effect. We have some very dedicated people, but you have some very distracted people. Do you believe that voter ID laws and similar restrictions actually promote democracy by discouraging voters who are not really paying attention to what is going on? I am going back to a panel discussion you had a few years ago. General Barr. What I said there was that in that panel discussion there was a lot of people complaining about the lack of--that many Americans are not educating themselves about the issues and they are passive, and that it was important, and also that the voting participation was dropping. My position was that the underlying problem is the citizen who is not paying attention to public events, not educating themselves about the issues and so forth, and that the non- voting is a symptom, and I did not see driving up participation as addressing the primary underlying problem. That was my point, and I pointed out that when the Constitution was adopted, the turnout was about 33 percent, my understanding. So then I said low participation has been a problem from the very beginning. But my view is that voter turnout should not be artificially driven up without also addressing the issue of an informed citizenry, which I think is a problem. Senator Leahy. Well, we do have voting laws guarding against discrimination, the arbitrary closing of the voting booths in predominantly African-American areas, for example. Would you have any problem in vigorously enforcing our voting rights laws that are on the books? General Barr. Of what? Vigorously? No, not at all. I said one of my priorities would be that. I think we have to enforce the voting rights, and I was not suggesting that voting should be suppressed. I was just saying that the low turnout is ultimately attributable to sort of the--I do not know what the word to use is, but that the citizenry does not seem to be that engaged in the public affairs of the country. Senator Leahy. Well, they are in Vermont. We have one of the highest turnouts in the country. General Barr. That is good. Excellent. Senator Leahy. Thank you, Mr. Chairman. Chairman Graham. Thank you. We are going to have two votes at 4:10. Can you go for a bit longer? Senator Sasse. Senator Sasse. Thank you, Chairman. General, I would like to return to the disturbing topics of human trafficking and sex trafficking. You have answered a few questions here today. I would like to look at the November 28th Miami Herald investigative series that I know that you followed into the crimes of Jeffrey Epstein, and I want to quote from that. Epstein, a wealthy hedge fund manager, quote, ``assembled a large cultlike network of underaged girls with the help of young female recruiters to coerce into having sex acts behind the walls of his opulent waterfront mansion as often as three times a day,'' closed quote. The report continues, ``He was also suspected of tracking minor girls, often from overseas, for sex parties at his other homes in Manhattan, New Mexico, and the Caribbean.'' The Herald series continues, quote, ``in 2007, despite ample physical evidence and multiple witnesses corroborating the girls' stories, Federal prosecutors and Epstein's lawyers quietly put together a remarkable deal for Epstein, then age 54. He agreed to plead guilty to two felony prostitution charges in State Court, and, in exchange, he and his accomplices received immunity from Federal sex trafficking charges that could have sent him to prison for the rest of his life. He served 13 months in a private wing of the Palm Beach County stockade. His alleged co-conspirators, who helped schedule his sex sessions, were never prosecuted. And the deal called''--again this is the Miami Herald--``a Federal nonprosecution agreement was sealed so that no one, not even his victims, could know the full scope of Epstein's crimes and who else was involved,'' closed quote. The fact that Federal prosecutors appear to have crafted this secret sweetheart deal for a child rapist obviously enrages moms and dads everywhere. On this particular case, will you commit to making sure that there is a full and thorough investigation into the way DOJ handled the Epstein case? General Barr. So, Senator, I have to recuse myself from Kirkland & Ellis matters, I am told. And I think Kirkland & Ellis was, maybe, involved in that case. So I need to sort out exactly what--what my role can be. But, you know, I will say that if--if I am confirmed, I will make sure your questions are answered on this case. Senator Sasse. Thank you. The Deputy Attorney General, obviously there have been media reports about the timing of his potential departure post your confirmation, and the DAG, as you well know from your prior history, has a key responsibility in deconflicting different parts of the Department. Those of us who have been pressing on this matter have found in different parts of the Department a lot of anxiety about the way this was handled, and yet kind of a hot potato, have a bunch of people thinking they are not responsible. Right now, Rod Rosenstein has been helping, trying to deconflict some of that, but I am worried, with your potential recusal, if the DAG also departs, it is not clear who is actually going to deconflict this. So I am grateful for your pledge that the Department will be responsive even if not you personally. General Barr. Yes, that is right. Senator Sasse. More broadly than the miscarriage of justice in this particular Florida case, would you agree that justice has nothing to do with the size of your bank account or the number of attorneys you can hire? General Barr. Yes. Senator Sasse. I agree. And I think that a whole bunch of Americans wonder about the Department of Justice and how we are trying to prioritize or how we should be prioritizing our responsibility to the victims of sex trafficking who are left defrayed and voiceless. In this particular case, many of the women who were clearly victims, trafficked rape victims, had no awareness of the fact, and I think in violation of Federal statutes of victim notification, that this nonprosecution agreement had been agreed to, and not just that Epstein and his co-conspirators were not indicted, but the rest of the investigatory matters of the Department were also suspended. It seems truly bizarre. General Barr. Yes. Senator Sasse. I think moms and dads watching this hearing would like to know that you will pledge broadly to attack sex trafficking as a scourge in our society on both the supply side and the demand side as these dirtbags demand this, but on the supply side, as organizations clearly perpetrate these crimes. Can you pledge to us that this will be one of your priorities at the Department? General Barr. They can count on it. Senator Sasse. Thank you, sir. Chairman Graham. I want to associate myself with what Senator Sasse said about the Epstein case and the problem in general, to the extent you can help us figure this out, please. General Barr. Yes. Chairman Graham. Senator Durbin. Senator Durbin. Thanks, Mr. Chairman. Mr. Barr, thank you for being with us. Mr. Barr, my colleague Senator Ernst asked a question earlier which I am sure will be asked in virtually every State we represent: What we are doing to stop the flow of narcotics into the United States. She asked about meth, I believe, in particular, but about narcotics coming in from Mexico, and your reply was, and I quote, ``It is the major avenue of how drugs come into the country. They come across that border. I feel it is a critical part of border security, and we need barriers on the border.'' That was your quote. I am troubled by that answer. And I would like to clarify it because if we are ever going to have a rational conversation about border security, there ought to be some basics that we agree on. The DEA, which you will supervise if confirmed, in its 2018 report, said, quote, ``The most common method employed by the Mexican drug cartels involves transporting illicit drugs through U.S. ports of entry in passenger vehicles, which concealed compartments are commingled with legitimate goods on tractor trailers.'' The Customs and Border Protection's own data shows that Customs officers at legal ports of entry seize the vast majority of lethal narcotics coming into this country. In Fiscal Year 2017, the last year we have data, 87 percent of the fentanyl--which has been identified by the CDC as the most deadly narcotic in America--87 percent seized in our country coming in through ports of entry, 13 percent seized outside of ports of entry. So, overwhelmingly, when we talk about building new walls and barriers to stop narcotics, we are ignoring the obvious: 80 to 90 percent of the drugs are coming in through ports of entry. I met with the head of Customs and Border Protection. He said the number one thing we can do is to put technology in the ports of entry to scan the vehicles coming through. Currently, only 17 percent of trucks and cars coming through those ports of entry are being scanned, 17 percent. That means 83 percent of them are just flowing right on through there bringing narcotics to Iowa and to Illinois. Building a new concrete wall from sea to shining sea does not even address this issue; technology does. I want to reach a point where we open the Government and have this honest conversation. Would you reconsider your earlier answer as to the fact that we need to build more barriers to stop narcotics from coming into the United States? General Barr. Well, it was not tied just to narcotics, it was tied to overall border security. Senator Durbin. You said, a major avenue for how drugs come into this country. It is not. General Barr. I said it was across the---- Senator Durbin. Border. General Barr. Wait a minute. I--I--I---- Senator Durbin. The border is the major avenue, but your answer was, we need barriers on the border. General Barr. Right, because drug--you know, we need barriers on the border for border security. Part of what we are trying to do is cut down on drugs. It is also illegal aliens. It is also other--people from other countries who may wish to do harm in the United States that are coming in. And barriers are part of the answer. And from my experience, the threat is always dynamic. You put technology at the ports of entry, they will shift somewhere else. It is a moving target, it always has been, and I think we need a system that covers all the bases. Senator Durbin. I think the reason we cannot reach an agreement with the Trump administration is fundamental to our exchange, and it is this, I do not disagree with you, with the notion that barriers from sea to shining sea will, at least, slow people down, but when it comes to the next marginal dollar to protect kids in Illinois and children in your home State, it is ports of entry, it is technology, to keep these narcotics out of the United States. And if we cannot really start at the same premise based on reports from the President's own administration, we are never going to reach a point of bipartisan agreement on border security. So, I hope--I think we are close to agreeing, maybe it is semantics, I hope not, but I hope that we can agree that if we are going to stop narcotics, it is technology and personnel. The experts tell us that. It is not a wall. And I hope that we can move from there. The last question I will ask you, and limited time, they asked me about your--your statements this morning, your testimony, and I thought they were good, responsive in the most part. The one thing I am stuck on, and many are, is this report that you gave to this administration in June of last year about the investigation of the President. General Barr. You mean my memo? Senator Durbin. Yes. General Barr. The memo, yes. Senator Durbin. And you said in there, ``Mueller should not be permitted to demand that the President submit to interrogation about alleged obstruction.'' You volunteered that. I am trying to get around this. It sounds like it was an effort on your part to ingratiate yourself with an administration which is now nominating you for Attorney General. I will give you one last chance. My time is up. Please respond. General Barr. Okay. Well, first, what I was saying there was, again, based on speculation on my part, was that there has to be an adequate predicate, and if he was relying on just the firing of Mueller or the statement about Flynn in this specific statute, those two things, I did not think it was an adequate predicate. I was not saying--he may have other facts, he may have other theories, that would support it. I was just pinpointing that. Number two---- Senator Durbin. You meant the firing of Comey. General Barr [continuing]. I can assure you I was not trying to ingratiate myself with anybody. The furthest thing from my mind was coming back into Government, I can assure you that. And if I wanted to ingratiate myself or signal things, there are a lot more direct ways of doing it than that. Senator Durbin. Just for the record, I think you meant the firing of Mr. Comey. I think you said ``Mueller'' earlier. General Barr. Oh, okay, yes. What did I say? Oh, yes, the firing of Comey. Yes, yes. Senator Durbin. Thank you very much. Senator Leahy. Just trying to help. [Laughter.] Chairman Graham. Thank you. I will just take a couple of seconds to see if I can help clarify this because I think it has been a very interesting hearing. So if there was some reason to believe that the President tried to coach somebody not to testify or testify falsely, that could be obstruction of justice. General Barr. Yes, under that--yes, under an obstruction statute, yes. Chairman Graham. So if there is some evidence that the President tried to conceal evidence, that would be obstruction of justice potentially, right? General Barr. Right. Chairman Graham. Your point is just simply firing somebody, which is a personnel decision, is problematic for the system. General Barr. Right, especially if you--what I am saying is that does not fit under that statute. Chairman Graham. No, I got you. General Barr. Show me some other statute, but that statute, no. Chairman Graham. Yes, okay. Who is next? [Voice off microphone.] Senator Hawley. Chairman Graham. Senator Hawley. Thank you. Senator Hawley. Thank you, Mr. Chairman. Mr. Barr, switching gears a little bit, yesterday, a District--Federal District Court Judge in Pennsylvania struck down the Trump administration's religious and moral exemptions to the contraceptive mandate under the Affordable Care Act. As part of this ruling, the District Court Judge issued a nationwide injunction to any enforcement application of these-- of these rules. This is a growing trend. We have seen a lot of this in the last 2 years. We have seen lots and lots of District Courts all across the country in various contexts, in the immigration context and others, issue nationwide injunctions. And now, of course, for those listening at home, the--the court--the entire Nation is not within the jurisdiction of these courts. These courts are District Courts, they reach specific geographic areas delineated by law, and yet they are issuing, increasingly--increasingly commonly, these injunctions that reach the entire country. This is a fairly unusual and fairly recent practice. In distinction of this, the District Court Judge in Texas who recently heard a challenge to the Affordable Care Act case did not issue a nationwide injunction, and therefore allowing the appeals process to take its normal course, and, of course, the ACA remains in full effect throughout that appeals process because he did not issue a nationwide injunction. So, my question is to you, are you concerned about this growing practice of nationwide injunctions by Federal District Courts? And what do you think ought to be done about it? General Barr. Yes, I am very concerned by it. Earlier I was talking about this and saying that I think it mistakes the limitation on judicial power, which is a case or controversy limitation and tries to grant relief to people who are not part of the case or controversy that is being decided. And as you said, it really started in the 1960s, and it has been picking up steam, and the fact of the matter is, there are a lot of District Court Judges, and you can usually find one who somewhere in the country will agree with you, and so major democratic decisions can be held up by one judge nationwide. I am also concerned that there is another trend, which is the willingness of some District Court Judges to wade into matters of national security where, in the past, courts would not have presumed to be enjoining those kinds of things. And then the appeals process takes a long time. And so a lot of damage can be done before it gets to the Supreme Court and you get a definitive decision, and meanwhile, everything is stuck. Senator Hawley. Can you just say more? You are concerned about courts that wade into national security issues where traditionally they have--they have hesitated to do so. Can you just say more about that? What do you have in mind? General Barr. Like the travel ban. Senator Hawley. And the concern there is that---- General Barr. I mean, the President takes something based on national security, and one--and--and the Constitution vests that kind of judgment for that kind of emergency act or acts that he has the authority to perform to protect the country, he--he is politically accountable for that, and yet a judge with a lifetime appointment sitting somewhere in the country who does not have the access to the information and has no political accountability can stop a national security measure, you know, globally essentially, and it takes a long time to get that sorted out. That--that is really troublesome to me. Senator Hawley. Yes, I completely agree with you. Let me ask you about another recent case, this one from the Southern District of New York, today, in which the District Courts ruled that the attempt to include--the attempt by the Commerce Department to include a citizenship question on the census is not permissible and has stopped the Commerce Department from including that on the 2020 census. The Department has already, of course--and the Department of Justice is defending this decision, that including a citizenship question, as was done for approximately 100 years on the census, actually helps identify with greater accuracy the residents of the country, who is and who is not a citizen, and, of course, helps more accurately apportion and draw congressional districts and make sure that representation is fair and the Voting Rights Act is fairly enforced. Do you agree with that position? General Barr. Well, it is being litigated now, so I really would prefer not to comment on it. Senator Hawley. Do you anticipate that the Department of Justice will continue its--its vigorous defense of the position that the administration has taken? General Barr. I think generally I have no reason to change that position. Senator Hawley. Thank you, Mr. Chairman. Chairman Graham. Senator Whitehouse. Senator Whitehouse. Thank you. Mr. Barr, in order to perform its counterintelligence function effectively, what should the Department of Justice and the FBI know about the business relationships and entanglements of senior officials with foreign interests and governments? General Barr. Well, usually, you know, I guess usually investigations are started because there is some act that comes to the attention of the law enforcement agency that suggests someone is being disloyal to the United States. Senator Whitehouse. Except where working for a foreign---- General Barr. Excuse me? Senator Whitehouse. Except where we require disclosures in order to give the law enforcement folks that advantage of knowing in advance when a senior official has a business entanglement with a foreign interest or power. General Barr. Yes. Senator Whitehouse. So what should we know? General Barr. What official are we talking about? Senator Whitehouse. Well, let us start with the President. General Barr. Are you suggesting that the President go through a background investigation by the FBI? Senator Whitehouse. No. I am suggesting that when there is evidence that he has business relationships with foreign interests, then that may be a factual determination that would be of some note to our counterintelligence folks. General Barr. Well, the financial disclosures that I think are filed by other--I--I do not even know if Members of Congress file financial disclosures. Do they? They do? Senator Whitehouse. So do many officials in the executive branch. So---- General Barr. Yes. You know, that is for--that is for financial conflict. I do not think that is for counterintelligence purposes. Senator Whitehouse. Probably, because very few people have business relationships with foreign interests, so it turns up much more often in a conflict---- General Barr. Well, a business relationship with a foreign interest is not ordinarily a counterintelligence concern. Senator Whitehouse. Unless, of course, you are---- General Barr. Unless the person is a traitor. Senator Whitehouse. Or in a position to make decisions that are biased or influenced by those business relationships. General Barr. Well---- Senator Whitehouse. Counterintelligence and treason are not the same thing, are they? General Barr. Counterintelligence, you are usually trying to counter the intelligence activities of another country. Senator Whitehouse. Correct. And you may want to head off things, you may want to be aware of things, you may want to-- there are a whole lot of things short of treason that are the counterintelligence function. General Barr. Right, including, you know-- counterintelligence focuses usually on foreign intelligence services and their activities. I think what we are---- Senator Whitehouse. With American officials---- General Barr. I think we are mixing, you know, apples and grapes--or whatever here, because financial disclosure---- Senator Whitehouse. Well, maybe, or maybe you are just having a hard time answering what ought to be a really easy question, which is that when a senior Government official has business relationships with foreign interests and powers, we ought to know about it. That ought to be an easy proposition, and in any other administration, it would be. General Barr. Well, do Congressmen go through background investigations to get access--access to classified information? Senator Whitehouse. We--that is a whole separate question. General Barr. No, it is exactly the same question. Senator Whitehouse. We do a lot of--we do a lot more reporting than we do---- General Barr. Well, your financial reporting, with all due respect, is not the same as a background investigation. You are elected by the people to hold an office, and, you know, you do not get a background investigation to get on the Intelligence Committee. Senator Whitehouse. But we do have to do a lot of reporting. Okay, if you do not want to answer it, I will move on. Let us talk about ``corruptly'' in obstruction cases. I am not sure I heard you correctly, so I want to make sure you have the chance to explain, but it sounded like you were saying that the word ``corruptly'' used, as you said, adverbially, was a requirement that there be some form of destruction or interference with evidence. I have always read that term ``corruptly'' in obstruction of justice to impose an intent requirement, which is also what the criminal resources manual at the Department of Justice says, and what I think virtually every Appellate Court has said. So it worries me if what you are trying to do here is to redefine the obstruction statute by narrowing the intent requirement and using the term ``corruptly'' to refer to something very different, which is the actual physical corruption changing or---- General Barr. I think I can allay your concerns. Senator Whitehouse. Can you--yes, could you do that? Because---- General Barr. Yes. Because if you read--if you look at the memo, you will see that my discussion of ``corruptly'' is not up in the plain meaning section where I am talking about how you interpret the statute. And my basic argument as to why the statute covers destruction of evidence and hiding evidence and stuff like that is based on the word, ``otherwise.'' Supreme Court decisions in Yates and Begay, also the fact that if you actually read it ``otherwise,'' it swallows up all--it becomes a one-clause---- Senator Whitehouse. So---- General Barr. It wipes out everything else. Senator Whitehouse. If I can cut to the---- General Barr. No, so then later on I point out in my memo, I later point out that that reading is also supported by the understanding of the word ``corruptly,'' which the Poindexter case, D.C. Circuit case, I think had the most intelligent discussion of the word ``corruptly,'' which is, it does refer to the kind of activity that is necessary, which is perverting a proceeding by corrupting it. Senator Whitehouse. So in the event that the Mueller investigation has turned up evidence of obstruction of justice by the President or people close to him, you would follow the Department of Justice's existing legal guidance with respect to what that word ``corruptly'' means. General Barr. My--my interpretation of the statute was not predicated entirely on the word, ``corruptly.'' I was just pointing out. Senator Whitehouse. And it is not your intention to change---- General Barr. No, it is not my intention. Senator Whitehouse [continuing]. Department policy or Department standards or Department definitions, particularly as they may bear on obstruction by the President or people around him. General Barr. That is right. Senator Whitehouse. Thank you. Chairman Graham. We are about to vote. Let us do one more. You deserve a break. You are doing great. When--Senator Ernst-- then we will take a break, go vote. I am going to vote and come back, give you about 15 minutes, then we will just plow through till we are done. Senator Tillis. Senator Tillis. I will be brief. One question, because people have asked. They have gone to the wall, it almost sounds like they are trying to suggest that you believe that the fix for border security is a 2,300-mile physical barrier from the Pacific to the Gulf. Do you believe that is the best way to secure the border? General Barr. I am not sure what the current thinking is on this, but when I was---- Senator Tillis. Have you ever advocated for a wall or some sort of monolithic structure as the plan for--to secure the border? General Barr. No. But I do believe we need to have a system all the way across. When I was looking at this, you know, there were certain areas where, you know, a wall did not make any sense---- Senator Tillis. You used the word, ``barrier.'' I do not think a 30-foot wall makes sense on a, for example, 1,000-foot cliff---- General Barr. Right. Senator Tillis [continuing]. Or one that is out in the middle of nowhere. Would you agree that, you know, when we get away from this childish, everybody saying it is a wall or not, that we are probably--the President has repeatedly said that we need wall structures, we may need steel-slat structures, we may need to reinforce chain-link fences with all-weather roads, we need aerostats so that we can identify people crossing the border that are otherwise desolate and not very frequently crossed. General Barr. Yes. Senator Tillis. We need border patrol agents. And we need technology that interdicts all the illicit drugs at the legal ports of entry, that those are all elements of a barrier that actually will better prepare us to secure the border, eliminate the poison coming across the border, and perhaps reduce the amount of human trafficking that is coming through the legal ports of entry. Is that a better way to characterize your position on barriers---- General Barr. Yes. Senator Tillis [continuing]. That neither are physical, technological or otherwise? General Barr. Yes. Senator Tillis. Thank you. Also, the--I cannot leave without going back to--you were talking about a time when I was in my early thirties. I remember vividly just how dangerous things were getting back in the early 1990s. I was 30 years old in 1990. I remember vividly the news reports and everything that we were trying to do to get ahead of the murderous environment that we were in. I think some people are trying to project, or, at least, maybe I have inferred, maybe incorrectly, but project what you were trying to do or what you were advocating for in the midst of a crisis, which was not mass incarceration of low-level nonviolent criminals---- General Barr. Right. Senator Tillis [continuing]. Onto your view of, let us say, the First Step Act than what we are trying to do today. If you--hypothetical--maybe you cannot answer it--but let us say you were Attorney General when we were moving First Step, which I supported. I supported criminal justice reforms in North Carolina when I was Speaker of the House. Are you fundamentally opposed to what we are trying to do with the First Step Act? General Barr. No. I think some of those things make sense. If I was--if I had been at the table, I probably would have urged a few changes to it, but, you know, overall, I do not have a problem with it. Senator Tillis. And you are fully aware the President and folks in the White House are supportive of the Act and---- General Barr. Yes. Senator Tillis. So you will do everything you can to help us state that intent, the statutory intent, of the things that you will need to do is, implement in your role as Attorney General--I do believe you are going to be confirmed---- General Barr. Right. Senator Tillis [continuing]. To make sure that we get the full positive effect that we will get out of the First Step Act. General Barr. That is right, Senator. And, you know, there were a number of things being lumped together. What I espoused in the 1990s, when we had the highest crime rates in our history, was taking the violent, chronic violent, offenders with long criminal history records of predatory violence, and especially the ones that use guns in multiple offenses, and getting them off the streets and into prison. Senator Tillis. And I think you made the point that in some cases there--there--you were able to more clearly present evidence where they were involved in drug trafficking, but you knew damn well that they were a part of what was murdering these communities and making them very dangerous. General Barr. Right. Senator Tillis. And the point there was, you were using every device possible to get them behind bars and off the streets so that you could make those communities safe. General Barr. Right. Senator Tillis. And including the communities in Trenton, New Jersey. General Barr. Right. So the other thing, then there were drug penalties. And some of the drug penalties, yes, were draconian, and there were rational reasons for doing that at the time. And sometimes people got--and we were not going after people who needed treatment who were--you know, just because they were addicts, we were going after the people who were distributing the drugs. And, you know, in the current circumstance, I understand there is data to support what was done in First Step. I understand those changes on the drug front, but I would not let up on chronic violent offenders because they commit a disproportionate amount of the predation in society. Senator Tillis. I hope you do not--because they need to go behind bars for a very, very long time. Thank you. Chairman Graham. All right. Thank you, Mr. Barr. What we will do, we will come back with Senator Klobuchar. We are going to take a 15-minute break, and hopefully by then both of us can vote and come back and continue and we are just going to plow through till we get done today. So we will be in recess for 15 minutes. [Whereupon the Committee was recessed and reconvened.] Senator Ernst [presiding]. We will go ahead and reconvene the hearing. I will recognize Senator Klobuchar. Senator Klobuchar. Thank you very much. Thank you, Mr. Barr. Thanks to your grandson for the mint. That was very nice. In your previous confirmation hearing for Attorney General, you stated that the Attorney General is the President's lawyer. You have also said that the Attorney General's ultimate allegiance must be to the rule of law. So I am going to characterize that as the people's lawyer. And there have been times throughout our history, including during Watergate, when the personal interests of the President do not align with the interests of the country. In those critical moments, is the Attorney General the people's lawyer or the President's lawyer? General Barr. Well, as--the reason these--I referred to the Attorney General as the President's lawyer is because in 1789, they said that the Attorney General is to provide legal advice to the President and the Cabinet. Senator Klobuchar. Yes. General Barr. And that is in their official capacity. And my view on that is that, like any lawyer, you give the best advice as to your view of the law, but if the President determined that he wanted to do something that you thought was still a reasonable construction of law, even though you might not have decided that way as an Article III judge, just as you support congressional enactments that are---- Senator Klobuchar. Okay. General Barr [continuing]. Reasonable, you do the same for the President. Senator Klobuchar. But how about in a situation like Watergate? General Barr. So I--if the President directs an Attorney General to do something that is contrary to law, then I think the Attorney General has to step down. Senator Klobuchar. Okay. General Barr. It is that simple. Senator Klobuchar. Thank you. Under the Special Counsel regs, the Special Counsel must send a second report to Congress documenting any instances where the AG prohibited the Special Counsel from taking an action. Will you follow those regulations and send the report to Congress? General Barr. Yes. Senator Klobuchar. Thank you. And then a few just things that I care a lot about. You had a great discussion with Senator Booker about the First Step Act and nonviolent drug crimes. Will you support the use of drug courts, something my county when I was prosecutor was one of the first to do that in a big way? And now we have Federal drug courts. Will you support them for nonviolent offenders? General Barr. Yes. I think they are generally a good idea. Senator Klobuchar. Okay. And there is a bill that I have that we are reintroducing on guns and stalking. And it is a pretty narrow bill. It fills a loophole that is called sometimes the boyfriend loophole. I do not know if you know what that is, but it is when someone is not married, but they are living together. And then the question is, would the gun laws apply? And we actually had a hearing. And a number of the Republican witnesses agreed that they should. So that is part of it. And then the other involves stalking and whether or not that could also fall under the prohibitions on guns. So we had the meeting on guns at the White House, and the President said he thought the bill was terrific. I am just going to give you-- -- General Barr. Okay. Senator Klobuchar [continuing]. Lead you into that, but---- General Barr. It is---- Senator Klobuchar [continuing]. And it has not passed yet, but I am just asking you to review it. General Barr. Absolutely. Senator Klobuchar. Okay. And I hope we would have your support. It would be nice to get that done. And then I also have a second bill with Senator Cornyn, the Abby Honold Act. And the bill would expand the use of evidence- paced practices in responding to sex assault crimes. And I hope you would look at that as well. And, it is part, right now, of the Senate package on the Violence Against Women Act. And, my bill aside, I hope that you would support the reauthorization of that bill. General Barr. Uh-huh. Senator Klobuchar. You would? Of the Violence Against Women Act? General Barr. Well, I have not seen it, but if it is reauthorizing what is in effect now, yes. Senator Klobuchar. Okay. And, then, I just want to end here with a second chance, second go-around on a question. I decided to leave my antitrust questions for the record---- General Barr. Okay. Senator Klobuchar [continuing]. So I can ask this. I asked earlier today this question because I really meant it as an opportunity for you to kind of address your troops--and not a ``gotcha'' question. So, immigration debates aside, putting aside the differences in this House and in the White House--and we have now thousands and thousands of extraordinary people devoting themselves to a good cause, and that is justice at the Department of Justice and the FBI, including a few of them right behind you in the front row. And they, many of them, right now are either furloughed or they are doing their jobs every single day without pay. And if you get confirmed, you will be their leader. And do you want to say anything to them or about them? And I appreciate it if you would. General Barr. Well, thank you, Senator, for giving me the opportunity because one of the reasons I want to do this, serve as Attorney General, is because of the opportunity to work with the outstanding people at the Department of Justice. And I think the country can be very proud of them as their--of their dedication as they stand their post and continue to perform their mission. It is a great sacrifice for many of them with the paychecks not coming in. So I hope this ends soon. But one of the reasons the Department is such an important institution to me and a big part of my life is, the quality of the people there. And I am looking forward, hopefully, if I am confirmed, to joining them again. Senator Klobuchar. Okay. Thank you very much. General Barr. Thank you. Senator Ernst. Thank you, Senator Klobuchar. I love the upward mobility on this Committee. This is my first Committee hearing. [Laughter.] Senator Ernst. And I get to chair. So thank you. I appreciate it very much. I will go ahead with my second round of questioning. And there has been a lot of discussion so far about the Mueller investigation, which I do think is very appropriate, and as I understand it, the underlying premise of that investigation was to determine if there was collusion by an American entity or person with the Russians during the 2016 election cycle. Is that accurate? General Barr. That is my understanding. Senator Ernst. Okay. And we do know that there was Russian meddling in our 2016 election cycle. We do know that. And what can the DOJ do in the future to prevent--whether it is Russia or other--foreign entities from interfering with our elections process? General Barr. Yes. Well, I adverted to in my opening statement is, obviously, the Department is a law enforcement agency. And so we can use our law enforcement tools. And the Special Counsel has already brought cases against Russian nationals for their activities. And the current leadership of the Department is following suit. And I would like to build on that experience to sharpen our legal tools to go after Russian nationals, but nationals of any country that are interfering in our elections. I also think that the FBI as part of the intelligence community can perform, you know--can use all of their intelligence tools to counteract the threat. And, as I said in my opening statement, I think we have to look at all our national resources, such as diplomacy, economic sanctions, other kinds of countermeasures, to deter and punish foreign countries that seek to meddle in our elections. Senator Ernst. Absolutely. So a whole-of-government approach---- General Barr. Uh-huh, yes. Senator Ernst [continuing]. As we look at those entities. Thank you very much. I was really pleased to hear Senator Klobuchar mention the Violence Against Women Act. We had a discussion about that in my office. General Barr. Yes. Senator Ernst. So thank you. I did serve as a volunteer at an assault care center while I was at Iowa State University-- just a few years ago. [Laughter.] Senator Ernst. But the Violence Against Women Act is in desperate need of reauthorization, as Senator Klobuchar said. In 2016 alone, over 1 million services were provided to victims and their families through programs. And the Office on Violence Against Women is actually housed within the DOJ, as you are aware. In Fiscal Year 2017, my home State of Iowa was awarded $8.7 million from 13 different OVW grant programs. And these dollars do go toward programs that are in dire need, especially in rural areas like mine. So what I would like to know from you, sir, is how you will work to further this engagement and to address violence against women and families through VAWA or through the Office that is located within DOJ. General Barr. Right. And that Office is not familiar to me because it did not exist, obviously, when I was there before. So, first, I am going to familiarize myself with the Office; its work; its programs; and, you know, strongly support that. Senator Ernst. Thank you very much. Domestic violence is largely a State crime. How can we better assist between the DOJ and State officials in this area? General Barr. Again, this is not an area of expertise that I have right now, but I would imagine that technical support and grants are probably the most effective means for the Federal Government to assist. Senator Ernst. Okay. Very good. Well, I appreciate that so much. I have just got a little bit of time left. I do want to go back to the issue that has been brought up many times over about our border security. I, as well, agree that there are many ways that we can use to secure our border, whether it is through technology, whether it is through a physical barrier, understanding, as has been rightly pointed out, that a number of the interdictions of drugs crossing the border are actually done at those ports of entry. However, I think there are a lot of families that are very concerned about the fentanyl that might be coming across those areas that are not watched---- General Barr. Right. Senator Ernst [continuing]. So families that have lost their loved ones, I think it does not matter what percentage is coming through a port of entry or elsewhere. We want to stop it. So your comment? General Barr. That is right, Senator. And the other thing is, that the statistics on the port of entry were the interdictions. That is the stuff we catch. Senator Ernst. Right. General Barr. It does not necessarily reflect the stuff that is getting across elsewhere that we are not catching. Senator Ernst. Absolutely. Thank you very much, Mr. Barr. Chairman Graham [presiding]. Thank you. Senator Hirono. Senator Hirono. Thank you very much. Mr. Barr, you have written and spoken about morality and your worries about the destruction of--and I am quoting you-- ``any kind of moral consensus in society,'' and you wrote quite extensively on this when you were Attorney General. And you have been described as an institutionalist: someone who cares about the Department of Justice and the Government. That is a good thing. But you have agreed to work for someone who relentlessly attacks the press, calling them ``fake news'' and ``the enemy of the people.'' The President criticizes the FBI nonstop. He belittles generals. He calls the Mueller investigation a ``witch hunt.'' He believes the claims of Putin over the judgment of our intelligence community. And it has been objectively verified that he lies every single day and changes his mind on a regular basis. So, are you concerned, having written about morality and consensus in our society, are you concerned about the way Donald Trump undermines the institutions in our society that help us to maintain a moral consensus? General Barr. No, Senator. And I would like to make a point about the ``witch hunt,'' which is, we have to remember that the President is the one that, you know, has denied that there was any collusion and has been steadfast in that. So presumably he knows facts. I do not know facts. I do not think anyone here knows facts. But I think it is understandable that if someone felt they were falsely accused, they would view an investigation as something like a witch hunt, where someone like you or me who does not know the facts, you know, might not use that term. Senator Hirono. Well you are certainly coming to his defense. As I said, it has been objectively verified that he lies on a regular basis. I have a question about immigration. In your written statement, you wrote that, ``We must secure our Nation's borders. And we must ensure that our laws allow us to process, hold, and remove those who unlawfully enter.'' And this kind of sounds like a Jeff Sessions zero-tolerance policy. I did ask you that before, whether you would continue to go after people who are not coming through our regular checkpoints. Would you go after them for deportation? General Barr. I thought I said that our zero-tolerance policy is to prosecute people who are referred to the Department by DHS for illegal entry. Senator Hirono. Well, under a no-tolerance policy, everybody who comes in not through the checkpoints would be deemed, I would say, subject to prosecution. So---- General Barr. No. Senator Hirono. No? General Barr. Anyone who comes in illegally and is going to be referred to us for a violation of the legal-entry statute will be prosecuted. Senator Hirono. Yes. General Barr. But DHS is not referring--as I understand it, is not referring families so that there is no more separation. Senator Hirono. Yes. Instead, we have a lot of them in family detention facilities. I have visited them. What about the 11 million or so undocumented immigrants in our country because you say that we have to process, hold, and remove those who unlawfully enter? Now, the 11 million or so undocumented people have unlawfully entered, I mean, a number of them because they are visa overstayers. So what do you propose to do with these people who have been here in our country for a long time, many of whom work and who pay taxes? General Barr. Well, I think it just highlights the need for some--for Congress to address the whole issue of our immigration laws. Senator Hirono. So do you support comprehensive immigration reform, an effort that we undertook in the Senate in 2013? General Barr. I support addressing some of the problems that are creating the influx of illegal aliens at this point and also addressing the question of border security. Senator Hirono. Well, what about the 11 million undocumented people who are already here? General Barr. Well, at--Congress is the--is able to determine that policy as part of immigration legislation. Senator Hirono. So, that is the largest group of undocumented people. They are the largest group of people who are here illegally, as you say you would like to---- General Barr. The zero-tolerance policy, as I understand it, has to do with people who are coming in illegally. Senator Hirono. Yes, I know that, but you know that when I talk about the 11 million people, that they are undocumented. They live in the shadows. Many of them do pay taxes. And so that is the largest group that is here. This is why we worked really hard for comprehensive immigration reform. I hope that you support that kind of effort. Do you believe birthright citizenship is guaranteed by the Fourteenth Amendment? General Barr. I have not looked at that issue. Senator Hirono. It says right there in the Fourteenth Amendment that anyone born basically--born in this country, is a U.S. citizen. And there are those who think that that should be done away with. Are you one of them? Senator Kennedy [presiding]. Could you give us a brief answer, Mr.---- General Barr. Yes. As I say, I have not looked at that issue legally. That is the kind of issue I would ask OLC to advise me on, as to whether it is something that is appropriate for legislation. I do not even know the answer to that. Senator Hirono. Well, it has certainly been interpreted for a long time as saying that people who are born in this country are citizens. Shall I continue or should I ask for a third round? Senator Kennedy. I think the Chairman would like to finish today, and I think your time has expired. Senator Hirono. So I cannot ask for a third round? Senator Kennedy. I am fine. You can have a third, fourth, fifth round. Senator Hirono. Thank you. Senator Kennedy. But I am not Chairman. Senator Hirono. I just have a few more--or I can wait. Senator Kennedy. Okay. Why do we not do that? Senator Hirono. Okay. Thank you. Senator Kennedy. Thank you, Senator. I think I am next, Mr. Barr. This--we talked about this earlier. I think we can agree, can we not, that hundreds of thousands, millions of words have been written speculating about what happened at the Department of Justice and the FBI in the 2016 election with respect to the two-party nominees? Can we agree on that? General Barr. Yes. Senator Kennedy. Can we agree that the American people have a right to know what happened at Justice and the FBI? General Barr. Yes. Senator Kennedy. Okay. Why do we just not declassify all of the documents and show them to the American people and let the American people draw their own conclusions here? General Barr. Well, I am not in a position to say because I do not have access to the documents, and I do not know what it entails. Senator Kennedy. Well, it entails the truth, does it not? General Barr. Yes, but presumably if they are classified, you know, there could be collateral consequences. And I am not in a position to make that judgment. Senator Kennedy. Well, I mean, is your mind open on that, Mr. Barr, or---- General Barr. I think, generally---- Senator Kennedy. I do not understand why, properly redacted, those documents have not been shown to the American people. They are smart enough to figure it out. General Barr. I think, ultimately, the best policy is to let the light shine--if there have been mistakes made, the best policy is to allow light to shine in and for people to understand what happened, but sometimes, you know, you have to determine when the right time to do that is. Senator Kennedy. I understand. I am asking that you seriously consider that. And I am talking about the investigations with respect to Secretary Clinton and President Trump. Clearly, the FBI and the Department of Justice, I am not saying that they--either was imprudent to do so, but we have seen bits and pieces. And there has been a lot of speculation and innuendo. And people have drawn conclusions based on incomplete facts. And it would seem to me that, if for no other reason but the integrity of the FBI and Justice Department, both of which I hold in great esteem, we should redact the portions that would endanger somebody and show the American people the documents. And I wish you would seriously consider that. General Barr. I will, Senator. Senator Kennedy. And I--having watched you here today, I think you will. I think you will give it serious consideration. General Barr. Yes. Senator Kennedy. Let me ask your opinion on something else. About 10 years ago, we had a problem with our banking system in America. And we had a lot of bankers who made loans to borrowers when the bankers and the borrowers knew the money was not going to be paid back. That is called fraud, and it is illegal. And then some of those same bankers and other bankers took those garbage loans, and they packaged them together, packaged them together into security. And they sold them to investors without telling the investors that the underlying loans were toxic. That is called securities fraud. And I do not know how many billions of dollars of this bad paper was sold, but I know a lot of people in the banking industry got rich doing it. And then--and, as a result, the American economy and almost the world economy almost melted down. Now, the Department of Justice prosecuted virtually no one, no banking executives over this. Why? I realize they made the banks pay some money, but I saw banking fraud, and I saw securities fraud. And nobody was prosecuted. General Barr. I cannot answer that, Senator, but I can say that I was in charge of the S&L cleanup. After it was over, it was put under me in the Deputy's Office. And---- Senator Kennedy. You folks prosecuted people. General Barr. We prosecuted a lot of people and very quickly, and we cleaned it up very quickly. My--how many did we get? Mr. Raphaelson. Over 900 convictions. General Barr. Over 900 convictions in very short order. Senator Kennedy. I do not think we had nine this time. I mean, what message does that send to the American people? General Barr. Well---- Senator Kennedy. I mean, I totally think the message it sends is that the people at the top can cut corners and get away with it. General Barr. What I can say, Senator, is, I think my experience with the S&L shows that I am not afraid of going after fraud---- Senator Kennedy. I know that. General Barr [continuing]. At the corporate level. And it is one of the most successful, I think, Government responses to that kind of whole-sector meltdown that there has been. So I am very proud of the job that was done by the Department on that. Senator Kennedy. You know, as we say in Louisiana, you were mean as a mama wasp. [Laughter.] Senator Kennedy. And you did the right thing, but I do not think we did the right thing with the banking meltdown. Senator Coons. Senator Coons. Thank you, Senator Kennedy. Thank you, Mr. Barr. You have declined or, I would say, refused to commit to following the advice of the career ethics officials at DOJ with regards to recusal from the ongoing Special Counsel investigation. Will you, at least, commit to notify this Committee once you receive the ethics official's guidance, tell us what it was, and explain whether you agree or disagree with it? General Barr. To tell you the truth, Senator, I do not know what the rules are and what the practice is, but, you know, off the top of my head, I do not think I would have an objection to that. Senator Coons. So you would be comfortable letting us know that you had received an ethics opinion and either declined---- General Barr. Yes. But I am not sure what the practice and the rules are. I generally try to follow the rules. Senator Coons. You said earlier in this hearing, you have an interest in transparency with regards to the final report of the Mueller investigation, but I did not hear a concrete commitment about release. And I think this is a very significant investigation. And you have been very forthcoming about wanting to protect it. The DOJ has released information about declination memos, about descriptions of decisions not to prosecute in the past. I will cite the Michael Brown case, for example. Would you allow Special Counsel Mueller to release information about declination memos in the Russia investigation as he sees fit? General Barr. I actually do not think Mueller would do that because it would be contrary to the regulations, but that is one of the reasons I want to talk to Mueller and Rosenstein and figure out, you know, what the lay of the land is. I am trying to---- Senator Coons. But if appropriate under current regulations, you would not have any hesitation about saying prosecutorial decisions should be part of that final report? General Barr. As I said, I want to get out as much as I can under the regulations. Senator Coons. You also---- General Barr. I think it--that is the reason I say it is vitally important. Senator Coons. Thank you. General Barr. It is related to my feeling that it is really important---- Senator Coons. It is. General Barr [continuing]. To, you know, let the chips fall where they may and get the information out. Senator Coons. You also said in response to my first round of questions that the Special Counsel regulations should not be rescinded during this investigation. Just to be clear, you would refuse to rescind them if the President asked, even if that meant you would have to resign? General Barr. Well, that came up in the context of wanting to change the rules so Mueller could be fired. Senator Coons. Right. General Barr. That--where there was no good cause. Senator Coons. No good cause, correct. General Barr. And I said there, yes, I would not agree to that. Senator Coons. There is another ongoing investigation in the Southern District of New York in which I would argue the President is implicated as ``Individual Number 1.'' If the President ordered you to stop the SDNY investigation in which someone identified as ``Individual 1'' is implicated, would you do that? General Barr. Well, that goes back to an earlier answer-- explanation I gave, which is every decision within the Department has to be made based on the Attorney General's independent conclusion and assessment that it is in accordance with the law. And so I would not stop a bona fide lawful investigation. Senator Coons. So if the President sought to fire prosecutors in the Southern District of New York to try and end the investigation into his campaign, would that be a crime? Would that be an unlawful act? General Barr. Well, I mean, that one--usually, firing a person does not stop the investigation. That is one of the things I have a little bit of trouble accepting, you know. But to--the basic point is, if someone tried to stop a bona fide lawful investigation to cover up wrongdoing, I would resign. Senator Coons. Deputy Attorney General Rosenstein has said publicly your memo had no impact on the Special Counsel investigation. If you are confirmed and you are supervising the Special Counsel investigation, would you order the Special Counsel's Office to accept and follow the reasoning in your memo? General Barr. I would probably talk to Bob, Bob Mueller, about it. If--you know, if I felt there was a difference of opinion, I would try to work it out with Bob Mueller. At the end of the day, unless something violates the established practice of the Department, I would have no ability to overrule that. Senator Coons. You were Attorney General when President Bush pardoned six administration officials charged with crimes arising from the Iran-Contra scandal, and you encouraged the President to issue those pardons. Is it permissible for a President to pardon a member of his administration in order to prevent testimony about illegal acts? General Barr. Is it permissible under what? Senator Coons. Would it strike you as obstruction of justice for him to exercise his presidential pardon power for the purpose of preventing testimony? General Barr. Yes. I think that if a pardon was a quid pro quo to altering testimony, then that would definitely implicate an obstruction statute. Senator Coons. Would it be permissible for the President to pardon family members---- General Barr. Let me just---- Senator Coons [continuing]. Simply because they are family members? General Barr. Let me say this. No. I am sorry. Go ahead. Senator Coons. Two last questions, and then we will be done. Do you think it would be permissible for the President to pardon a family member simply because they are a family member and where the purpose, the motive, is unclear? And do you think it would be permissible for a President to pardon himself? General Barr. Yes. So here, the problem is, under the Constitution, there are powers, but you can abuse a power. So the answer to your question in my opinion would be yes, he does have the power to pardon a family member, but he would then have to face the fact that he could be held accountable for abusing his power or if it was connected to some act that violates an obstruction statute, it could be obstruction. Senator Coons. How would he be held accountable? General Barr. Well, in the absence of a violation of a statute, which is--as you know, in order to prosecute someone, they have to violate a statute. In the absence of that, you know, then he would be accountable politically. Senator Coons. Thank you for your interest today. Chairman Graham [presiding]. Senator Blackburn. Senator Blackburn. Thank you, Mr. Chairman. And, Mr. Barr, thank you for your patience and for staying with us today. A couple of questions. We have talked about border security and immigration law. And that is something that I want to return to. I appreciated your comments about going after the problem at the source, and I think that is so vitally important when we talk about the immigration issues and we look at what has happened when you are talking about drug traffickers and human traffickers, the gangs that are coming across that Southern border. And I do think that a barrier is there. But one of the symptoms, if you will, of an open-border policy has been the sanctuary city policy. And that pertains to those that are illegally in the country. And I tell you what, it is just absolutely heartbreaking to me every time I meet with an Angel mom and I hear these stories and then after Officer Singh was murdered, hearing that law enforcement, local law enforcement, officer talk about, and talk with specificity about, how sanctuary policies emboldened those that were illegally in the country. And when you look at this practice of sanctuary city, you know, if we do not do something consistent in this realm, then what is to say you do not develop sanctuary cities for other violations of the law, whether it is tax law or environmental protection law or traffickers or any others? So talk to me for just a minute about what your connection will be between dealing with the sanctuary cities and then dealing with some of these problems at the source. How do you--you have talked about compartmentalizing and putting lieutenants in charge, and this is an issue that affects every single community because until we stop some of this, we are going to have every State a border State and every town a border town. General Barr. So, you know, I just think of it, immigration, you have pull factors and push factors. There are factors down in Latin America that are pushing people up, and there are attractions to the United States that are pulling them up. And one of the--you know, a--I think a pull factor is things like sanctuary cities, the idea that you can come in and not be--and can get away with flouting our laws in coming in. So I think that is one of the concerns I have about sanctuary cities. The second concern I have is that the sanctuary city problem is a criminal alien problem. I think a lot of people are under the impression that sanctuary cities are there to protect, you know, the illegal aliens who are quietly living as productive members of society and paying their taxes, as Senator Hirono said. It is not. The problem with sanctuary cities is that it is preventing the Federal Government from taking custody of criminal aliens, and it is a deliberate policy to frustrate the apprehension of criminal aliens by the Federal Government. So I do not think those cities should be getting Federal---- Senator Blackburn. Do you think it would be--would it be abided with any other violation of U.S. law? General Barr. No, I do not. And there is a legal issue, which is the question of, what is the word, commandeering. You know, the States argue that for their law enforcement officers who have custody of a criminal alien to notify the Federal Government on a timely basis, so that they can turn that fugitive essentially over to the Federal Government, that that is commandeering State apparatus under the Printz case, and, therefore, it is--you know, the Federal Government should not have that power. That is the issue. And I personally am very skeptical of the commandeering argument. That was adopted where the Federal Government passed gun control legislation, and basically were ordering the States to set up the whole background check, and everything else. The idea here is simply one law enforcement agency notifying another, and holding the person until they can be picked up. So I am skeptical that that is commandeering. But that is the legal issue. Senator Blackburn. My time is expiring, and I know we need to finish this up, but I do look forward to talking with you again about China---- General Barr. Uh-huh. Senator Blackburn [continuing]. And the intellectual property violations. The way they go in and re-engineer, steal from our innovators, and, of course, the way they are forcing fentanyl, and illicit drugs---- General Barr. Uh-huh. Senator Blackburn [continuing]. Through our ports and through that open southern border that we have to secure. General Barr. Uh-huh. Senator Blackburn. Thank you. Yield back. Chairman Graham. Senator Blumenthal. Senator Blumenthal. Thanks, Mr. Chairman. I want to join in thanking you for your patience. I am hoping that I can get through all my questions on this round. I do not know whether the Chairman will accede to a short third round, but let me just try as best I can. On the pardon issue and accountability, you would agree that the President pardoning someone in return for changing his or her testimony would be an abuse of the pardon power, and the President should be held accountable. General Barr. Well, a quid pro quo to change testimony could potentially be obstruction. Senator Blumenthal. Or for not testifying at all---- General Barr. Uh-huh. Senator Blumenthal [continuing]. Would be obstruction of justice. If the Special Prosecutor or the prosecutor anywhere else came to you with proof beyond a reasonable doubt of that kind of obstruction, or any other crime, talking proof beyond a reasonable doubt, would you approve an indictment of the President? General Barr. That is the kind of thing I am not--I am not going to answer off the top of my head. But if we take it out of this context and say if someone--if someone were--if a prosecutor came and showed that there was a quid pro quo by which somebody gives something of value to induce a false testimony or---- Senator Blumenthal. It would be a crime. General Barr. Yes. Senator Blumenthal. And the question is whether the President could be prosecuted while in office. I happen to believe that he could be, even if the trial were postponed until he is out of office. But because the statute of limitations might run for any other number of reasons, a prosecution would be appropriate. Would you agree? General Barr. You know, for 40 years the position of the executive branch has been, you cannot indict a sitting President. Senator Blumenthal. Well, it is the tradition, based on a couple of OLC opinions. But now it is potentially an imminent, indeed, immediate possibility, and I am asking you for your opinion now, if possible, but if not now, perhaps, at some point. General Barr. Are you asking me if I would change that policy? Senator Blumenthal. I am asking you what your view is, right now. General Barr. You know, I actually have not read those opinions in a long time, but I see no reason to change them. Senator Blumenthal. Well, I am happy to continue this conversation with more time and another opportunity. General Barr. Sure. Senator Blumenthal. I want to ask you about the Southern District of New York, which I believe is as important as the Special Prosecutor. As I mentioned earlier in my question before, the President has been named there, ``Individual Number 1,'' as an unindicted co-conspirator. If the President fired a United States Attorney, would you support continuing that investigation, even under the civil servants, the career prosecutors, who would remain? Assuming it is a legitimate prosecutor. General Barr. Yes. And I have tried to say it a number of different ways. I believe, regardless of who or what outside the Department is trying to influence what is going on, every decision within the Department relating to enforcement, the Attorney General has to determine independently that--that it is a lawful action. And if there was a lawful bona fide investigation that someone was trying to squelch, I would not tolerate that. Senator Blumenthal. Putting it very simply, you would protect that investigation against political interference, as hopefully you would do---- General Barr. With any investigation in the Department. Senator Blumenthal. Exactly. Let me move on to something unrelated, if I may. In the early 1990s, thousands of Haitians tried to flee persecution in their own country by coming to the United States by boat. As you will remember, you oversaw, I believe, a program that sent thousands of them--some of them were HIV positive---- General Barr. Uh-huh. Senator Blumenthal [continuing]. To Guantanamo Bay. General Barr. Uh-huh. Senator Blumenthal. These asylum seekers were kept at Guantanamo Bay for 18 months. A Federal Judge in the Eastern District of New York described the living conditions in Guantanamo Bay by saying that asylum seekers were forced to live in camps ``surrounded by razor barbed wire,'' and compelled to ``tie plastic garbage bags to the sides of the building to keep the rain out.'' In an interview in 2001, at the Miller Center, you defended this program. Do you have regrets about it now, and am I correct in saying that when these asylum seekers first started coming to the United States, it was your position that they should be kept there indefinitely? General Barr. I really appreciate the opportunity to address this. So in 1991, Aristide was overthrown in Haiti, and there was sort of a mass exodus from Haiti. And up until then the policy of the United States had been forced--until that time, administrations had forcibly returned Haitian asylum seekers and so forth without any kind of process. It was a humanitarian problem, because a lot of these boats were sinking. It was a 600-mile journey. So the Coast Guard-- there were two different issues. One issue is the processing of those who are healthy, and the second issue is the HIV. In a nutshell, the processing we started actually giving them, you know, abbreviated asylum, hearings, on the ships. Eventually, we moved some of that to Guantanamo. And we were admitting to the United States 30 percent, which is the highest it has ever been. I think before that it was just miniscule. Later, when the Clinton administration adopted our policies, it went down to 5 percent, I am told. But in any event, then it became so overwhelming that we forcibly repatriated the Haitians, because we felt that most of them, the conditions were changing. We did not think that there was a threat in Haiti, and we forcibly--we were just overwhelmed, and we forcibly sent them back to Haiti. Meanwhile, HIV was an exclusion. You could not admit anyone with HIV, and this was adopted by the Senate, and then in the first year of the Clinton administration, the Clinton administration signed a bill that kept it as an exclusion, you cannot admit someone with HIV, except by case-by-case waiver, based on extreme circumstance. So what we did with the HIV people is we first screened them for asylum, because if they could not claim asylum, then they would not be admitted, and then we started a case-by-case review. I started admitting them on a case-by-case basis, where cases could be made that there was a particular reason for doing it, like pregnant women, and people who had not yet developed full-blown. So I think there was a slowing down of the processing, because people felt that the Clinton administration, which at the time was attacking these policies, was going to be more liberal. And so people thought, well, why should we go through this process with Bush, when Clinton's right around the corner. Clinton came in, adopted our policies, and defended them in court, continued forced repatriation, continued the exclusion of HIV. As part of settling a case, he brought in 200---- Senator Blumenthal. Which did not necessarily make it right. General Barr. It was right under the law. Senator Blumenthal. Did you favor keeping those Haitians in Guantanamo indefinitely? General Barr. No. Senator Blumenthal. And let me ask you---- General Barr. I think most of the articles at the time said we were sort of in a Catch 22. We were trying to process the HIV people on a case-by-case basis. And, in fact, the lawyers who--we, by the way, agreed to have lawyers come down and represent these people in the asylum hearings at Guantanamo. In the book written by them, they say right at--we were making progress. It stopped when the Clinton administration was elected. So we were in this Catch 22 on the HIV, and I had staff members go down there to Guantanamo, and they did not report, you know, inhumane conditions, or anything like that. And that is not mentioned, I do not think, in the book written by the lawyers who represented them. So it was a mass exodus situation, and we did the best we could. Senator Blumenthal. Would you do it again in exactly the same way, if you had it to do again? General Barr. I mean, I do not know. It would depend on the circumstances, and also depend on whether we thought this was really a case of persecution. Senator Blumenthal. I ask you this: Would you again house asylum seekers in Guantanamo? General Barr. Well, the Clinton administration did. In fact, they doubled--they doubled the--and they started putting other nationalities in there, too. Probably not, because of the associations of Guantanamo now. Senator Blumenthal. Would you segregate asylum seekers in some other way then? General Barr. Well, I think it is always--given the abuses of the asylum system right now, I would always prefer to process asylum seekers outside the United States. Senator Blumenthal. And do you think we should do a better job with asylum seekers in this country, in terms of the kinds of facilities that we provide, particularly for women, and children, and families? General Barr. Oh, absolutely. Yes. I think we--if we are going to detain families, I think those have to be facilities that are safe and appropriate for young children. Senator Blumenthal. Thank you, Mr. Chairman. Chairman Graham. Senator Lee. Senator Lee. Thank you very much, Mr. Chairman. Thanks again, to you, Mr. Barr, for being willing to answer all these questions today. I want to continue on some of the same theme that Mr. Blumenthal raised a moment ago. He raised a couple of questions regarding immigration, regarding our asylum process. I think it is significant to note here that we have some in our political discourse today who are suggesting that the enforcement of our immigration laws and the enforcement of our border is somehow immoral, that it is somehow wrong. We have had people who, in one of the major political parties, multiple candidates, be elected, campaigning, among other things, on either eviscerating ISIS power, or abolishing the agency altogether. As you noted earlier today, you gave a speech back in 1992, and you were one of the first people I remember using the metaphor of, you know, wanting to make sure that our immigrants come to this country through the front door, and not through the back door, and not through a side window, or something to that effect. Can you just sort of describe to us why you think it is important that we draw a clear moral distinction between the enforcement of immigration laws, between legal immigration and illegal immigration? Is this the functional equivalent, in other words, of the premature removal of a ``Do Not Remove'' tag on a mattress, or is it something more than that? General Barr. I think it is something more. I mean, you know, we have built a great society here in the United States, and a vast--I forgot what the statistic is, but a very large majority of the world lives under our poverty level, and for them, even, you know, being poor in the United States would be a step up. And we have a lot to be grateful and thankful for here. And if it was unrestricted, a lot of people would come here, more than we could possibly accommodate. Senator Lee. And who would that harm, first and foremost, if we allowed that to happen? Would it be the wealthy who would most immediately be harmed by that? General Barr. No, it would not. Senator Lee. Yes. General Barr. And so it just seems obvious that you have to have a system of rationing. You have to have a system that makes determinations who can come and when, and it is--Congress is in charge of that. They can make the laws and determine it, and we, I think, have a very expansive system. There are people waiting in line for 10, 15--at least there were when I last looked at it, you know, in the Philippines, for example, for over a decade waiting patiently, law-abiding people who want to come here and have family here and other things like that. And just to allow people to come crashing in, be told that if you say this you will be treated as an asylum, and then you do not have to--you do not have to reappear for your hearing or whatever, it is just an abuse of the system, and it is unfair. I mean, all of us have been standing in lines, long, long lines, and someone just walks up to the front. That is unjust. That is unjust. I also think that without control, you have unsafe conditions and uncontrolled conditions on the border, which create, you know, serious safety problems for everybody on both sides of the border. So it creates uncontrolled access to the country as a national security threat. You know, there are people around the world that are coming into Latin America for the purpose of coming up through the border. So these are--you know, these are the reasons why I think it is important that we enforce--we have an enforceable system of laws, which right now, the laws are sorely lacking. Senator Lee. Our desire to enforce our border is not unique to us. In fact, our neighbors on the southern side of our border in Mexico themselves have pretty strict laws which they enforce. And our neighbors in Mexico, including the officials in the--in the new Lopez Obrador administration, with whom I visited recently, are themselves quite concerned about these uncontrolled waves of migration from Guatemala, from Honduras, from El Salvador. It occurs to me, and it has occurred to them, that it is important for us to figure out ways to turn off the magnets that are bringing these uncontrolled waves in. If you could wave a magic wand, is there anything--any change you would make to current asylum law or policy that you think we ought to consider? General Barr. I really could not say off the top of my head. I think--I had some ideas a while back about--you know, I am talking decades ago--about how we could change it because this has always been the problem. But I--you know, I would have to see exactly where the abuses are coming in and how we could deal with it. Senator Lee. Mr. Chairman, I have got one more question. Could I---- Chairman Graham. Sure. Absolutely. Senator Lee. Thank you, Mr. Chairman. I want to get back very briefly to civil asset forfeiture. I referred briefly at the end of our previous exchange to a process whereby some State law enforcement agencies, seeing that they are prohibited from doing that which they would like to do under State law, will go to Federal law enforcement and agree to make the civil asset forfeiture that they want with Federal such that it is no longer governed by State law. Sometimes that happens, and the Department of Justice will enter into an equitable sharing arrangement with that State where the money is sort of--I do not like to use the word, ``laundered,'' but it is filtered through the Federal system deliberately in an effort to circumvent State law. Would banning this type of equitable sharing in civil asset forfeiture be something that you would be willing to do as Attorney General? General Barr. Now, I could not say I am willing to do it now because I do not know enough about it. You know, I come at this, number one, that asset forfeiture is an important tool; number two, that it is important, you know, how we work with our State and local partners; but number three, as you can tell from my early statement on this matter, I am sensitive to creating a speed trap problem and also due process issues where amounts are stolen that, for all intents and purposes, it would be too costly for some individuals to go and try to, you know, get back. So I am open to looking at whether there are abuses, what kind of abuses occur, and try to redress those. Senator Lee. Okay. Thank you. And it is my view that, at least, in that circumstance where it is prohibited by State law, State law enforcement agencies should not be able to make themselves. They should not be able to seek the blessing of Government simply by making it Federal, so I hope you will consider that, and appreciate your remarks on due process. This really does touch on that, and it is right at the surface of a whole lot of constitutional rights. Thank you very much, sir. Thank you, Mr. Chairman. Chairman Graham. Thank you. Senator Harris. I am sorry--Booker. I apologize. Senator Booker. Gosh. Give a guy a little power as the Chairman, and he starts to push you around. [Laughter.] Chairman Graham. I tell you what---- Senator Booker. I thought we were friends. Chairman Graham. He is doing better than I am. I am getting tired. Senator Booker. I thought we were friends. Chairman Graham. I apologize. We are friends. Senator Booker. I am grateful, sir. Let me jump right in. You wrote an article where you described how the law was being used, and this was your opinion, and maybe it has changed because this was over a decade ago, where you said, ``the breakdown of traditional morality by putting on an equal plane conduct that was previously considered immoral.'' And you mentioned the homosexual movement is what you described as ``one of the movements causing an erosion of morality in America.'' I can only gather from this--the article I am quoting, unless your opinions have changed, that you believe that gay, bisexual--being gay or bisexual, lesbian, or transgender is immoral. Have your views changed on that? General Barr. No, but I do not think I said--I think you were paraphrasing there. What did I say about the homosexual-- -- Senator Booker. I will put in the record the---- General Barr. Okay. Senator Booker [continuing]. The article that you--and, again, I am quoting your actual language. [The information appears as a submission for the record.] General Barr. But I will tell you--I will tell you my views. If I had been voting on it at the time, I--my view is that under the law and the Constitution as I originally conceived it before it was decided by the Supreme Court, marriage was to be regulated by the States. And if I were--and if it was brought to me, I would have favored marital unions-- single sex. Senator Booker. I guess I am more asking do you still believe that homosexuality is a--is a movement or that---- General Barr. Well---- Senator Booker [continuing]. That somehow that is immoral behavior. General Barr. What I was getting at is, I think there has to be a live and let--in a pluralistic society like ours, there has to be a live and let live attitude and mutual tolerance, which has to be a two-way street. And my concern, and the rest of the article addresses this, is, I am perfectly fine with the law as it is, for example, with gay marriage--perfectly fine-- but I want accommodation to religion. And what I was concerned about---- Senator Booker. But, I guess that is not my concern. We live in a country right now where, especially LGBTQ youth are disproportionately bullied at school. General Barr. Yes. Senator Booker. Many of them. General Barr. Hate crimes. Senator Booker. Hate crimes, serious hate crimes. Many of them are missing school because of fear, disproportionately homeless. And I guess what I am more concerned about is do you believe that laws designed to protect LGBTQ individuals from discrimination contribute to what you had described as a breakdown in traditional morality. General Barr. No. Senator Booker. You do not. General Barr. No. Senator Booker. Okay. Since---- General Barr. But I would like to say what--I also believe there has to be accommodation to religious communities. Senator Booker. You and I both believe in freedom of religion. I guess what I am talking about, again, is discrimination. And I know you believe--I know you believe--you do not need to say it for me that you believe that firing somebody simply because they are gay is wrong. General Barr. Totally wrong. Senator Booker. I understand that you believe that, but do you believe the right to not be fired just because of your sexual orientation should be something that should be protected under civil rights law? General Barr. I am sorry. Your right not to be fired? Senator Booker. Sir, right now---- General Barr. In other words, are you saying that it should be part of--part of Title VII? Senator Booker. I am saying that right now in the United States of America in the majority of our States, someone can be fired. They can post their wedding pictures on their Facebook page and be fired the next day just because they are gay. General Barr. I think that is wrong. Senator Booker. You think that is wrong. General Barr. Yes. Senator Booker. And so you would believe that efforts by the Department of Justice to protect LGBT kids or individuals from harassment from hate crimes and efforts to protect the civil rights of LGBTQ Americans---- General Barr. I support that. Senator Booker. You support that. Okay. General Barr. That is what I said in the beginning. I am very concerned about the increase in hate crime. Senator Booker. Oh, I was really happy about that. You said you recognize that violence based on sexual orientation is not acceptable and that you will work to combat that. I was really happy to read that in your written testimony and hear it again. Will you recognize, then, that there is a place for the Department of Justice, which is supposed to protect the civil rights of Americans, vulnerable communities, that there is a place for the Department of Justice to protect the civil rights of LGBT Americans by banning discrimination based on sexual orientation or gender identity? General Barr. If Congress passes such a law, I--you know, I think the litigation going on now on Title VII is what the 1964 Act actually contemplated. But personally, I think---- Senator Booker. So you--I am sorry. You do believe the 1964 Act contemplated protecting individuals from having--being discriminated upon---- General Barr. No, no, no, I think it was male/female that they were talking about when they mentioned sex in the 1964 Act. Senator Booker. So protecting someone's basic rights to be free from discrimination because of sexual harassment is not something that the Department of Justice should be protecting. General Barr. No. I am saying Congress passes the law. The Justice Department enforces the law. I think the 1964 Act, on its face, and this is what is being litigated, what does it cover? I think, for, like, 3 or 4 decades the LGBT community was trying to amend the law. Senator Booker. But the Obama administration--as you know, the Justice Department under the Obama administration was working to protect LGBTQ kids from discrimination. Are those practices that you would be pursuing as well? General Barr. I do not--I do not know what you are referring to. You know, I am against discrimination against anyone because of some status, like, you know, their gender or their---- Senator Booker. I understand. Really briefly---- General Barr [continuing]. Sexual orientation or whatever. Senator Booker. Thank you. With the indulgence of the Chair, just very briefly, the Department of Justice reversed the Federal Government's position in Veasey v. Perry after arguing that--for almost 6 years, that the Texas voter ID law intentionally discriminated against minorities. Even the Fifth Circuit of Appeal, one of the more conservative Circuits, ruled that the Texas law discriminated against minority voters. You said very strongly that voting--the right to vote is paramount. General Barr. Mm-hmm. Senator Booker. And I am wondering if confirmed, will you bring the Department of Justice back on--into the mode of defending the right to vote because they have now pulled out of a lot of cases that were--that were affirming people's access for the right to vote. General Barr. I will vigorously enforce the Voting Rights Act. Senator Booker. Okay. And then I will just say--Mr. Chairman, I just want to say to you, please, I hope we get a chance to talk more. I imagine this is our second round, and I am grateful for you today answering my questions. Thank you, sir. Chairman Graham. Now, Senator Harris. Senator Harris. Thank you. Sir, you were the Attorney General, obviously under President H.W. Bush, and in the Reagan White House, a senior policy advisor, so I am going to assume that you are familiar with the Presidential Records Act. And my question is, in the context of a Washington Post report that the President took possession of an interpreter's notes documenting the President's meeting with the Russian President Putin in 2017. And the question then is, does that violate the Presidential Records Act? General Barr. Your initial assumption, I am afraid, was wrong. I do not--I am not familiar with that Act. Senator Harris. You are not familiar at all with it? General Barr. At some--at some time I was, but I--it is-- you know, I really do not know what it says. Senator Harris. You do not what it says? General Barr. No. Senator Harris. Okay. General Barr. At some time--at some point I was---- Senator Harris. It requires the President to keep--to keep documents and not destroy them, essentially. General Barr. Okay. At one point I knew what it said, but I am not familiar with it right now. Senator Harris. Okay. In December, a Texas Judge struck down the Affordable Care Act. If the decision is upheld, the results could include an estimated 17 million Americans losing their health insurance in the first year alone. Protections for pre-existing conditions would be eliminated, and seniors would pay more for prescription drugs. And some adults would no longer be able to stay on their parents' insurance plans until the age of 26. Attorney General Sessions refused to defend the Affordable Care Act in court. As you know, when there is a change of Attorney General in the Justice Department, there is often a change of priorities from the previous AG. So in the context of also understanding that many lawyers, including conservative legal scholars, have criticized the Texas decision, including Philip Klein of the Washington Examiner, would you reverse the Justice Department's position and defend the Affordable Care Act in court? General Barr. That is a case that I, if I am confirmed, would want---- Senator Harris. If confirmed. General Barr. If I am confirmed, I would like to review the Department's position on that case. Senator Harris. Are you open to reconsidering the position? General Barr. Yes. Senator Harris. Attorney General Sessions also issued a memo limiting the use of consent decrees. This came up earlier in your hearing. And the limitation was on the use of consent decrees between the Justice Department and local governments. I am asking then, within your first 90 days, will you commit to-- if confirmed--providing this Committee with a list of all consent decrees that have been withdrawn since Attorney General Sessions issued that policy? We would like some transparency and information about what consent decrees have been withdrawn during the Sessions' administration of the Justice Department. Would you commit to doing that? General Barr. Yes. Senator Harris. And if confirmed, will you commit to providing this Committee with a list of any consent decrees that you withdraw during your tenure? General Barr. Through the tenure? Senator Harris. Yes. General Barr. Yes. Senator Harris. And if confirmed, within 90 days of your confirmation, will you commit to convening civil rights groups to listen to their concerns about this policy in the Department of Justice? General Barr. I will--I am very happy to convene that group. Senator Harris. I am going to interpret that as a commitment that you will. General Barr. I am not--I am not sure about 90 days. Give me 120. Senator Harris. Okay. [Laughter.] Senator Harris. That is fine. That is the agreement then, within 120 days. That is terrific. And then the Voting Rights Act, you are familiar, of course, with that, I am going to assume, yes? General Barr. Yes. Senator Harris. Okay. And under the Act, the record of discriminatory voting practices, those States that have a record of such practices, had to obtain Federal approval in order to change their voting laws, as you know. General Barr. Yes. Senator Harris. And then came the 2013 Shelby decision where the Court, by a 5-to-4 vote, pretty much gutted the Act, ending the Federal pre-approval requirement. So, within weeks of that ruling, you are probably aware that legislators in North Carolina rushed through a laundry list of voting requirements. A Federal Appeals Court later held those North Carolina laws to be intentionally discriminatory against African-American voters, targeting them, quote, ``with almost surgical precision.'' Do you believe there are currently laws on the books that target African Americans or have the effect of discouraging African Americans from voting in our country? General Barr. Well, it sounds like those laws do. Senator Harris. Sure. Do you have any concern about that there may be other laws that have the same---- General Barr. I would be concerned if there are other laws, and that is why I would vigorously enforce Section 2 of the Voting Rights Act. Senator Harris. And would you make it then part of your mission to also, in spite of the fact that the Voting Rights Act has been gutted, to make it your mission to also become aware of any discriminatory laws in any of the States, including those that were covered by the Voting Rights Act because of their history of discrimination and use the resources of the Department of Justice to ensure that there is not voter suppression happening in our country? General Barr. Yes. Senator Harris. Thank you. My time is up. I appreciate it. Chairman Graham. That was very efficient. I think that is the end of the two rounds that I promised the Committee we would do. I think, Senator Hirono, you have a few more questions. Is that correct? Senator Hirono. Yes, thank you very much, and I thank Senator Kennedy, as he was sitting in the Chair, to give me permission to go a little bit further, so I will be as brief as I can. Last year, the Justice Department in Zarda v. Altitude Express--it was a Second Circuit case--argued that Title VII-- it filed an amicus brief and argued that Title VII of the Civil Rights Act of 1964 did not prohibit discrimination on employment on the basis of sexual orientation. So both the Second and the Seventh Circuits have rejected the Department's argument. So if confirmed, would you appeal this decision to the Supreme Court? General Barr. I think it is going up to the Supreme Court. Senator Hirono. So is DOJ going to continue to argue that Title VII does not protect discrimination, employment discrimination? General Barr. You know, it is pending litigation, and I have not gotten in to review the Department's litigation position. But the matter will be decided by the Supreme Court. Senator Hirono. Well, I take it that--that sounds like a ``yes'' to me, that the Department will continue to push the argument that has been rejected. General Barr. Well, it is not just the Department's argument. It has been--it is sort of common understanding for almost 40 years. Senator Hirono. So, employment discrimination on the basis of sex is something that it would be okay by you if that---- General Barr. No, that is not at all what I am saying. I am saying the question is the interpretation of a statute passed in 1964. As I have already said, I personally, as a matter of, you know, my own personal feelings, think that there should be laws that prohibit discrimination against gay people. Senator Hirono. So perhaps, should you be confirmed, you will review the Department's position on making the argument, continuing to put forth the argument that Title VII does not prohibit employment discrimination. Would you review---- General Barr. No, because there is a difference between law and policy. The question in law is what was--I will enforce the laws as passed by Congress. I am not going to amend them. I am not going to undercut them. I am not going to try to work my way around them and evade them. Senator Hirono. Well, the DOJ also does not have to file an amicus brief either. Let me move on. Recently, The New York Times reported that the Department of Health and Human Services wanted to redefine gender for Federal anti-discrimination law such as Title IX--so now we are talking about Title IX--as being determined by the biological features one has at birth. So do you believe that transgender people are protected from discrimination by Title IX? General Barr. I think that matter is being litigated in the Supreme Court, too. Senator Hirono. Do you know what the Justice Department's position is on whether--well, if they are going to go along with what the Health and Human Services Department wants, then the Justice Department's position is that Title IX does not protect discrimination on the basis of transgender---- General Barr. I do not know what the position---- Senator Hirono. This is probably another one that I would ask you to review. General Barr. Okay. Senator Hirono. Last questions. You have been asked this already, but after the Shelby County v. Holder decision, there were some 13 States that passed various kinds of laws that one could--that the argument could be made that they were intended to suppress voters. In fact, some of them were intentionally intended, not just the effect of discriminating against basically minority voters. So you did say that you would vigorously enforce the Voting Rights Act, so that is good. The Washington Post reported last week that officials in North Carolina reported strong allegations of election fraud related to absentee ballot tampering to the U.S. DOJ. We are talking about election fraud, not voter fraud. But the Justice Department did not appear to take any action, and now that congressional race is still being decided. But one thing the Department of Justice did manage to do in North Carolina was to request that North Carolina turn over millions of voting records to Immigration and Customs Enforcement, ICE, apparently as part of a needle-in-the-haystack effort to prosecute voting by non-citizens. If confirmed, will you continue to put resources into this kind of effort to prosecute voting by non-citizens, which the evidence is very clear that there is not this kind of voter fraud going on in spite of the fact that the President said there were some, I do not know, 3 million people who were not supposed to vote voting? So would you continue to expend resources on requiring turning over of millions of voter records to be turned over to ICE? General Barr. Well, I do not know what the predicate for looking into that is. Senator Hirono. It was to get at voter fraud, which, according to the President, is going on in a massive way, which it is not. General Barr. Well, yes, but the predicate, I do not know what information triggered that review, but, you know, when I go into the Department, I will be able to discern whether or not that is a bona fide investigation, and if it is, I am not going to stop it. Senator Hirono. What if the trigger was that there is massive voter fraud going on, which is not the factual--it is not a factual basis. I would hope that as Attorney General you would make decisions based on facts, not on some kind of ideological need to go after people. So that is all I am asking. I would just ask you to---- General Barr. You are right, I---- Senator Hirono [continuing]. Make that the predicates are based on some factual basis so that we are not wasting short resources to go after fraud that is not even--there are plenty of other things that you could be doing to make sure that people are able to vote. General Barr. Right. Senator Hirono. Thank you. Chairman Graham. Okay. Can you make it a few more minutes? General Barr. Sure. Chairman Graham. Okay. I know comfort breaks are necessary. So what I would like to do, Senator Kennedy has one question-- right? Senator Blumenthal has a couple. Then we are going to wrap it up. If you had 10 minutes to live, you would want to live in this Committee. [Laughter.] Chairman Graham. So 10 minutes is a long time. Senator Kennedy. Senator Kennedy. General, I am still confused about one point. Let us assume that Mr. Mueller at some point, hopefully soon, writes a report and that report will be given to you. What happens next under the protocol, rules, and regulations at Justice? General Barr. Well, under the current rules, that report is supposed to be confidential and treated as, you know, the prosecution and declination documents in an ordinary criminal-- any other criminal case. And then the Attorney General, as I understand the rules, would report to Congress about the conclusion of the investigation, and I believe there may be discretion there about what the Attorney General can put in that report. Senator Kennedy. So you would make a report to Congress? General Barr. Yes. Senator Kennedy. Based on the report you have received? General Barr. Yes. Senator Kennedy. Okay. Thank you. Chairman Graham. All right. A couple questions by Senator Blumenthal, and we are going to wrap it up. Senator Blumenthal. Thank you for your patience and your perseverance, and I appreciate, let me say, your willingness to come meet with me, and so I am going to cut short some of my questions. And, also, I hope that you will come back regularly to the Committee. Obviously, the Chairman is the one who determines when and whether we have witnesses, but the frequency---- Chairman Graham. He comes every 30 years---- [Laughter.] General Barr. Twenty-seven. Senator Blumenthal. Twenty-seven. You were asked by Senator Leahy about your statement that the Uranium One deal was more deserving of investigation than collusion with Russia. You answered that you were not specifically referring to the-- referencing the Uranium One deal, but just generally referring to matters the U.S. Attorney might be investigating. General Barr. I cannot remember the exact context of that. There was a series of questions a reporter was asking, and then the article sort of put them in a sequence that, you know, did not necessarily show my thoughts. Senator Blumenthal. Well, The New York Times just published, in a Tweet, the email that you sent them, and you did reference Uranium One specifically. General Barr. Okay. Senator Blumenthal. I will ask that it be made part of the record. Chairman Graham. Without objection. [The information appears as a submission for the record.] General Barr. So what did I say? Senator Blumenthal. The Tweet from Peter Baker of The New York Times says, ``Questions have been raised about what Bill Barr told us for a story in 2017. Here is his full email from then, responding to our request for comment. We are grateful he replied and hope this clarifies any confusion.'' And the email from you says--and I will take the relevant part of the sentence--``I have long believed that the predicate for investigating the uranium deal, as well as the foundation, is far stronger than any basis for investigating so-called collusion.'' General Barr. And what came before that? Senator Blumenthal. I will read the full email, with the permission of the Chairman. Chairman Graham. Yes, please. Senator Blumenthal. ``Peter, got your text. There is nothing inherently wrong about a President calling for an investigation. Although an investigation should not be launched just because a President wants it, the ultimate question is whether the matter warrants investigation, and I have long believed that the predicate for investigating the Uranium deal as well as the foundation is far stronger than any basis for investigating so-called collusion. Likewise, the basis for investigating various national security activities carried out during the election, as Senator Grassley has been attempting to do. To the extent it is not pursuing these matters, the Department is abdicating its responsibility.'' Signed, ``Bill Barr.'' General Barr. Right. So the abdicating responsibility, I was actually talking about the national security stuff, and that was my primary concern. You know, the Uranium One deal, the sort of pay-for-play thing, I think at that point--I may be wrong on this, but I think it was included in Huber's portfolio to review, suggesting that there was something to look at there. But the point I was really trying to get at was that there was a feeling, I think, a strong feeling among many people that it appeared, at least, on the outside, that there were double standards being applied. And I thought it was important that the same standard for investigation between used for all matters. But I have no, you know, specific information about Uranium One that would say that it has not been handled appropriately. Senator Blumenthal. Well, that is really my question. What was the factual basis for your saying that the Uranium One deal was more deserving of investigation than Russian collusion, given what you have---- General Barr. I think the---- Senator Blumenthal [continuing]. Very articulately described as the potential threat to the national security of the United States from Russian interference in our election? General Barr. Yes, I think at that time there was a lot of articles appearing about it. I think maybe Congressman Goodlatte had written a letter about it. So there was smoke around the issue, as there has been smoke around a number of issues that have been investigated. But I was using it really as an example of the kinds of things that were floating around that some people felt has to be looked at as well. Senator Blumenthal. So the factual basis was whatever that smoke was---- General Barr. Well, the public information that a lot of opinions are being formed. Senator Blumenthal. And how about as to the foundation? What was the basis of your claim that the foundation was more deserving of investigation than Russian collusion? General Barr. Well, the foundation--I did not necessarily think the foundation was--should be criminally investigated, but I thought---- Senator Blumenthal. Well, you did say that in the email. General Barr. I did? Criminally? Senator Blumenthal. Well, let me read that part of the sentence again: ``I have long believed that the predicate for investigating the Uranium deal as well as the foundation is far stronger than any basis for investigating so-called collusion.'' You were referring to the criminal investigation, as I read it. General Barr. Yes. Well, the foundation I always wondered about--it was the kind of thing that I think should have been looked at from a tax standpoint and whether it was complying with the foundation rules the way a corporate foundation is. And I thought there were some things there that, you know, merited some attention. But I was not thinking of it in terms of a criminal investigation of the foundation. I would like to--you know, Attorney General Mukasey said something that I agree with. He said, ``It would be like a banana republic putting political opponents in jail for offenses committed in a political setting. Even if they are criminal offenses, it is something we just do not do here.'' And one of my concerns, frankly, is, you know, politics degenerating into, you know, this kind of thing about should we investigate this, investigate that, about political opponents, and that concerns me. So, that is why I said I think in, if not that, some other article, I do not subscribe to this ``Lock her up'' stuff. Senator Blumenthal. But a political or public official, even the President of the United States, has to be held accountable. No one is above the law. General Barr. Oh, yes, absolutely. Senator Blumenthal. And just one more question. You referred earlier in response to a question from Senator Feinstein about the emoluments issue, and I ask this question in the interest of full disclosure. I will tell you that I am the lead plaintiff in a litigation called Blumenthal, Nadler v. Trump that raises the issue of emoluments and the payments and benefits that have been going to the President of the United States without the consent of Congress in violation of the chief anti-corruption clause in United States law, the Emoluments Clause of the United States Constitution. So we claim. You said that your understanding of emoluments was that it was--that it pertained only to stipends. General Barr. No--well, first---- Senator Blumenthal. Maybe---- General Barr. I have not looked at that clause, you know, I have not researched it, and I have not even looked up the word, ``emolument.'' But all I said is just colloquially, off the top of my head, that is what I always thought the word meant. Senator Blumenthal. So you are not necessarily disputing the conclusion of at least one District Court, perhaps others, that emoluments relates to payments and benefits much broader than just a stipend. You were speaking only of your colloquial understanding. General Barr. Yes. I mean, my colloquial understanding is that emoluments does not refer to exchange of services and stuff like that. Senator Blumenthal. Which is not---- General Barr. Commercial transactions. Senator Blumenthal. Which is not necessarily the understanding of the Founders and Framers of the Constitution. General Barr. We will see. [Laughter.] Chairman Graham. Well, that is a good way to end. We will see. Thank you, Senator Blumenthal. Senator Blumenthal. Thank you. Chairman Graham. Thank you, Mr. Barr, to your family. Thank you. You should be proud. This was a very thorough examination of a very important position in our Government. If confirmed, you will be the chief protector of the rule of law, and I really appreciate your time, attention, and your patience. Any further questions can be submitted for the record by January the 21st. This hearing is adjourned, to be reconvened tomorrow at 9:30. Thank you. [Whereupon, at 6:12 p.m., the Committee was recessed, to reconvene at 9:30 a.m., Wednesday, January 16, 2019.] [Additional material submitted for the record for Day 1 follows Day 2 of the hearing.] CONTINUATION OF THE CONFIRMATION HEARING ON THE NOMINATION OF HON. WILLIAM PELHAM BARR TO BE ATTORNEY GENERAL OF THE UNITED STATES ---------- WEDNESDAY, JANUARY 16, 2019 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 9:32 a.m., in Room SH-216, Hart Senate Office Building, Hon. Lindsey O. Graham, Chairman of the Committee, presiding. Present: Senators Graham [presiding], Grassley, Cornyn, Cruz, Sasse, Hawley, Tillis, Ernst, Kennedy, Blackburn, Feinstein, Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Hirono, Booker, and Harris. OPENING STATEMENT OF HON. LINDSEY O. GRAHAM, A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA Chairman Graham. Good morning, everyone. To our witnesses, thank you very much for sharing your testimony with the Committee. We have nine very distinguished people. If you could keep it to 5 minutes, we appreciate it. We have your written testimony, and we will certainly look at all of it. Senator Feinstein, thank you. Yesterday, I thought it was a very good hearing, asked a lot of good, tough questions that were appropriate. Nominating an Attorney General is no small matter, and I thought the Committee acquitted itself well. And Mr. Barr, I think, is a unique individual, and I am glad the President nominated him. Today, the purpose is to hear from people that have concerns and support, and we are honored that you showed up. If you do not mind, I will mention who is here, then turn it over to you. Is that okay? Senator Feinstein. That is okay. Chairman Graham. Thank you. Our first witness will be the Honorable Michael Mukasey, former United States Attorney, former U.S. District Judge, and former everything. Yes. Mr. Derrick Johnson, president and chief executive officer of the National Association for the Advancement of Colored People from Baltimore. Welcome. The Honorable Larry Thompson, former United States Deputy Attorney General. Welcome, Larry. Good to see you. The Honorable Marc Morial. Is that right, sir? Morial. Sorry. President and chief executive officer of the National Urban League. Mrs. Mary Kate Cary, former speechwriter for President George H.W. Bush and a senior fellow at the Miller Center, University of Virginia. Professor Neil Kinkopf, professor of law, Georgia State University College of Law, Atlanta, Georgia. Professor Jonathan Turley, TV star, smart guy. That is enough. Reverend Sharon Washington Risher from Charleston, South Carolina, Mother Emanuel. God bless you. Thank you for coming. Mr. Chuck Canterbury, the national president, Fraternal Order of the Police. And I will now turn it over to Senator Feinstein. OPENING STATEMENT OF HON. DIANNE FEINSTEIN, A U.S. SENATOR FROM THE STATE OF CALIFORNIA Senator Feinstein. Thanks very much, Mr. Chairman, and I very much enjoyed your leadership yesterday and look forward to it in the future. Chairman Graham. Thank you. Thank you. Senator Feinstein. So thank you. I would just like to take a moment to thank our panelists today and just a few comments, if I may, on the discussion that we had yesterday. Yesterday, many of us from, I think, both sides of the aisle asked Mr. Barr about his legal memo, and that was allowing the Special Counsel to complete his work unimpeded and making the report at the end of the investigation public. His answers were good. He clearly understands the need for independence and the importance of protecting the Department, as well as Mr. Mueller, from political interference. I was concerned by his equivocation regarding the report at the end of the Special Counsel's investigation. Mr. Barr was clear that he would notify Congress if he disagrees with Mr. Mueller, which I am grateful for. But his answers on providing a report to Congress at the end of the Special Counsel's investigation were confusing. When I first asked him about the report, he said he would make it available. However, it seemed to me that as the day progressed, he referenced writing his own report and treating the Mueller report as confidential. I am going to follow up with him in writing on this. I think it is essential that Congress and the American people know what is in the Mueller report. I first met Bob Mueller when he was U.S. Attorney and I was mayor in San Francisco, and I know his reputation, I know his integrity. And this is a big report, and the public needs to see it. And with exception of very real national security concerns, I do not even believe there should be very much redaction. So I am hopeful that that report will be made public, and my vote depends on that, Mr. Chairman, because an Attorney General must understand the importance of this to the Nation as a whole, to us as a Congress, as well as to every American. I also plan to follow up on questions that Senator Blumenthal asked about Roe and whether he would defend Roe if it were challenged. This has always been a critically important issue for me and, I believe, the majority of American women, and I very much regret that I did not get to ask follow-up questions. Mr. Barr's nomination comes at a time when we are very divided on many issues, ranging from immigration and civil rights enforcement to the very independence of the Justice Department, and the witnesses today are going to speak to those key issues. For example, Professor Kinkopf from Georgia University served in the Justice Department's Office of Legal Counsel, and he can speak today about issues he is focused on, primarily presidential authority, as I understand it, and separation of powers. Sharon Risher is an ordained pastor who lost her mother and cousins to gun violence in the horrific hate crime that took place at Emanuel AME Church in Charleston, South Carolina, and can speak to the importance of enforcing common sense gun laws. We will also hear from two prominent leaders of the civil rights community who could speak to the impact of the Justice Department's policies under President Trump. Mr. Marc Morial-- Where are you, Marc?--whose sister has been a colleague of ours, and it is great to see you, the president and chief executive officer of the National Urban League now. And Mr. Derrick Johnson, the president of the NAACP. So, on behalf of this side, I welcome everyone here. Thank you, Mr. Chairman. Chairman Graham. Thank you, Senator Feinstein. If it is okay, lead us off. Oh, sorry. Got to swear you in first. Would you please stand? All of you. Raise your right hand. Do you solemnly affirm that the testimony you are about to give this Committee is the truth, the whole truth, and nothing but the truth, so help you God? [Witnesses are sworn in.] Chairman Graham. All right, General Mukasey. HON. MICHAEL B. MUKASEY, FORMER UNITED STATES ATTORNEY GENERAL; FORMER U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK; AND OF COUNSEL, DEBEVOISE & PLIMPTON LLP, NEW YORK, NEW YORK Judge Mukasey. Thank you. Good morning. Mr. Chairman, Ranking Member Feinstein, Members of the Committee, it is a tremendous honor as well as a great pleasure to be here to testify on behalf of Bill Barr to serve as Attorney General. I do not know of any nominee who has had his background and his credentials for this job. Obviously, the job is about a lot more than credentials, but he has done literally everything that you could possibly do, including serving as Attorney General, to prepare him. Now, obviously, the Department of Justice is a different place today from the time that he served. It is different from the time that I served. But he is obviously well equipped to deal with whatever problems he faces. He was with the CIA. He headed the Office of Legal Counsel, which is, I think, the office that attracts, along with the Solicitor General's Office, the best legal minds in the Department. He headed that office. He was Deputy Attorney General. So he knows how the Department runs. And, of course, he was Attorney General. It is impossible to improve on that. Not only what he did, but the way he did it. When he was Acting Attorney General, he supervised the liberation of hostages at a Federal prison in a way that prevented any casualties, and then follow that up by not taking any public credit for it. That is the kind of person he is, and that is the kind of judgment he has. And as far as pressure from the White House, he was asked at one point whether he could come up with a theory to justify the line-item veto. And he did a lot of research and found that, well, there was no precedent in our law. There was something that might be called common law, going back to about the 15th century. He said there was a Scottish king who had done something that looked like a line-item veto. But, of course, that Scottish king, as it turned out, was suffering from syphilis and was quite out of his mind. And so you would have to call that the syphilitic prerogative if you did it, Mr. President. And so the President decided not to assert the power. That is the kind of judgment he has. That is the kind of-- -- Chairman Graham. You learn a lot on this Committee. Judge Mukasey. Yes, it was a revelation to me, too. It is a terrific story. But it illustrates what he is like. He does not--he is not intimidated by questions or by the source of them. When I--a couple of months ago, when General Sessions was leaving, I thought to write an article pointing out all the good things that he had done. And I called up Bill Barr to ask whether he would join in that article. He did not hesitate for a nanosecond. He said he would. He said it was the right thing to do, it was the correct thing to do, and he was glad he had done it. And that, I think, tells you in substance what it is this person is about. He is an honorable, decent, smart man, and I think he will make a superb Attorney General. Thank you very much. [The prepared statement of Judge Mukasey appears as a submission for the record.] Chairman Graham. Mr. Johnson. DERRICK JOHNSON, PRESIDENT AND CHIEF EXECUTIVE OFFICER, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, BALTIMORE, MARYLAND Mr. Johnson. Good morning, Chairman Graham and--is that better? Great. Thank you for allowing me to testify on the nomination of William Barr to be Attorney General of the United States. My name is Derrick Johnson, and since October 2017, I have had the honor of serving as the president/CEO of the NAACP. Founded in 1909, the NAACP is our Nation's oldest, largest, and most widely recognized civil rights organization. The NAACP opposes Mr. Barr's nomination, and I urge every Member of this Committee to vote against his confirmation. The Senate considers this nomination in extraordinary times. Under the Trump administration, we have experienced the worst erosion in civil rights in modern history. We have seen reversals and rollbacks of longstanding policies and positions that have enjoyed bipartisan support from their creation. We have seen an undermining of both substantive protections and the tools necessary for civil rights enforcement, such as the disparate impact method for proving discrimination and the use of consent decrees to address abuse by police agencies. The next Attorney General of our United States has the opportunity to reverse course and place the Justice Department back on the track to fulfill its historic role of safeguarding our civil and constitutional rights. The Senate must seize this second chance for justice and insist upon an Attorney General capable of independence and willing to enforce our Nation's civil rights laws with vigor and resolve. After a thorough evaluation and review of the record, William Barr is not that candidate. Mr. Barr's record demonstrates a lack of strong commitment to protecting the civil and human rights of all Americans. The community served and represented by the NAACP will have a difficult time placing our trust in the Justice Department and, by extension, the American criminal justice system overall, even with the improvements just signed into law with the First Step Act. The Justice Department's enforcement of our voting rights laws is of paramount importance. But the current Department has jettisoned protections for the right to vote. It has reversed positions in lawsuits to support voter suppression measures and to purge voters from the rolls. Because Shelby County v. Holder eliminated said guards under Section 5 of the Voting Rights Act, litigation under Section 2 of the Act is all more important. But the Justice Department has filed no Section 2 claims since this administration has been in place. As the Nation experienced rampant voter suppression throughout the 2018 mid-term elections, the Justice Department stood silently as communities of color across the Nation were denied access to the polls. At a time when the Justice Department has abandoned voting rights protections, the need for Federal enforcement has never been greater. The U.S. Commission on Civil Rights recently reported that voter suppression is at an all-time high and unanimously called on the Department to pursue more voting rights enforcement in order to address aggressive efforts by State and local officials to suppress the vote. Mr. Barr's record on criminal justice is abysmal. As Attorney General, he championed mass incarceration and deprived countless persons of color of their liberty and dramatically limited their future potential. His Justice Department tenure was marred by extraordinarily aggressive policies that harmed people of color. He was a general in the war on the crime on drugs that was rooted in racism. He literally wrote a book on, ``The Case for More Incarceration,'' which stands in contradiction of the First Chance Act. But William Barr did not and does not recognize racially discriminatory impact of our criminal justice system policies. In 1992, he said, ``I think our system is fair and does not treat people differently.'' And just yesterday, he told Senator Booker, ``Overall,'' and I quote, ``the system treats Blacks and Whites fairly.'' This statement is singularly disqualifying. We need an Attorney General who understands both the history and persistence of racism in our criminal justice system. The Government response to inhumanity is inconsistent as it relates to this administration's enforcement of immigration rights. The NAACP, we filed a lawsuit as it relates to DACA. We need an Attorney General who respects the rights of individuals. Finally--and I am trying to rush through this quickly now-- Mr. Barr's recent actions make his impartiality on the ongoing investigation into Russian interference in the 2016 elections suspect. And for the NAACP, we are very clear. Matters of international questions is not under our purview. But any time a foreign nation used the worst common denomination in this Nation's history of racism to suppress African-American votes in an effort to subvert democracy, it is a question of national security, and we need an individual who has the independence to stand up and be fair and make sure we protect democracy. Thank you, Members of the Committee. [The prepared statement of Mr. Johnson appears as a submission for the record.] Chairman Graham. Thank you, Mr. Johnson. Mr. Thompson. HON. LARRY D. THOMPSON, FORMER UNITED STATES DEPUTY ATTORNEY GENERAL, AND PARTNER, FINCH McCRANIE LLP, ATLANTA, GEORGIA Mr. Thompson. Good morning, Chairman Graham, Ranking Member Feinstein, Members of the Committee. It is my great honor to appear before you this morning in support of Bill Barr's nomination to serve our country once again as Attorney General of the United States. I have known Bill since 1992. I can attest to the fact that Bill has a deep, deep respect for and fidelity to the Department of Justice. Bill will go where the law leads him. In fact, as Attorney General, he did not hesitate when required by law to appoint or seek to appoint various Special or Independent Counsel in high-profile matters. He served with great distinction as Attorney General and is highly respected and admired on a bipartisan basis by the career prosecutors and investigators he oversaw in the Department. Importantly, Bill knows how to develop much-needed partnerships with State and local law enforcement. He was very successful at this during his tenure as Attorney General and created strong and effective joint task forces across the country to combat white-collar and violent crime. Bill believes that every citizen, no matter where he or she lives, deserves the full protection of the law. Bill also understands that Federal law enforcement cannot do the job alone. In 1992, Bill visited my hometown of Atlanta, Georgia, and spoke with members of the Southern Christian Leadership Conference. He said that when cleaning up crime-infested neighborhoods, and I quote, ``It cannot be a Washington bureaucratic project. It must be a project where the solutions are found in the community itself.'' He acknowledged to the Reverend Joseph Lowery that in the past decade, the Federal Government's anti-crime efforts have relied too heavily on prison construction and not enough on crime prevention. Now, as a former general counsel of a large public company myself, I also appreciate and admire Bill's approach to his work in the private sector. Bill was very supportive of the lawyers who worked with him. He was collaborative with his colleagues. He welcomed input, dialogue, and discussion. He created opportunities for everyone he oversaw to develop and grow in their careers, including many female lawyers and lawyers of color. He was also supportive of diversity in the legal profession. In 2002, the company Bill served as general counsel received the Northeast Region Employer of Choice Award from the Minority Corporate Counsel Association for successfully creating a more inclusive work environment. Finally, Members of the Committee, I think the most important point I can share with you is that Bill Barr is a person of very high integrity. He led the Department of Justice as Attorney General with an unbending respect for the rule of law. As general counsel of a large public company, he emphasized the importance of complying with all laws, rules, and regulations, and he stood up for his corporate client a world-class compliance program. Bill Barr's integrity is rock solid. He will not--and I repeat--will not simply go along to get along. Last January, he resigned from his position as the director of an important public company board. Bill let his conscience and his integrity guide his decision. As a citizen, I thank Bill for his willingness to return to public service. He is needed, and I look forward to his tenure again in service to our great country as Attorney General. Thank you. [The prepared statement of Mr. Thompson appears as a submission for the record.] Chairman Graham. Thank you, Mr. Thompson. Mr. Morial. HON. MARC H. MORIAL, PRESIDENT AND CHIEF EXECUTIVE OFFICER, NATIONAL URBAN LEAGUE, NEW YORK, NEW YORK Mr. Morial. Thank you. Chairman Graham, Senator Feinstein, and Members of this Committee, I want to thank you for the opportunity to testify on the nomination of William Barr to be Attorney General of the United States. I am Marc Morial and have the pleasure of serving as president and CEO of the National Urban League. Before doing so, I served 8 years as the mayor of my beloved hometown, New Orleans, president of the national--the United States Conference of Mayors, a Louisiana State senator, a college professor, and a practicing lawyer involved in one of the most important civil rights and voting rights cases to come before the Supreme Court in the 1990s. The National Urban League was founded in 1910. It is an historic civil rights and urban advocacy organization with a network of 90 community-based affiliates, and we have affiliates in every town represented by the Members of this Committee. We have worked hard and fought for civil rights, justice, and equal opportunity, along with fairness, for our entire existence. My illustrious predecessor, the late Whitney Young, was one of the ``Big Six'' of civil rights leaders who worked for the 1964 Civil Rights Act, the 1965 Voting Rights Act, and the 1968 Fair Housing Act. One of our prime missions is to ensure that each of these laws is aggressively, faithfully, and consistently executed and enforced by every President, every Congress, and every Attorney General. That is why I am here today. Mr. Chairman, on behalf of our entire Urban League movement across this country, I urge this Committee and the entire Senate, based on a careful examination of this nominee's record, to soundly reject the nomination of William Barr as the next Attorney General of the United States. Let me tell you why. For the past 2 years, the Justice Department has been led by an Attorney General intent on restricting civil and human rights at every turn. This Nation needs an Attorney General who will dramatically change course and enforce civil rights laws with vigor and independence. Based on his alarming record, we are convinced that William Barr will not do so. Indeed, in a recent op-ed, Mr. Barr called Jeff Sessions, the architect of these restrictive civil and human rights policies, an outstanding Attorney General and offered praise for his anti-civil rights policies. It is clear, based on the record, that Mr. Barr intends to follow Mr. Sessions down the same regressive, anti-civil rights road map. The confirmation of William Barr, who espouses former Attorney General Sessions' policies, would enormously exacerbate our Nation's current civil rights crisis. When we submitted comments to the United States Commission on Civil Rights raising concerns relative to Sessions' actions on various civil rights issues, they were as follows: overturning a memo from former Attorney General Eric Holder aimed at reducing mass incarceration by avoiding mandatory sentencing, disproportionately subjecting African Americans and other minorities to long-term incarceration; abandoning the Justice Department's Smart on Crime Initiative; ending the Community Oriented Policing Services' Collaborative Reform Project, a Justice Department program that helped build trust between police officers and the communities that it served; announcing a Justice Department school safety plan that militarizes schools; offering a sweeping review of consent decrees with law enforcement agencies related to police conduct, nothing but a subterfuge to undermine a crucial tool in the Justice Department's efforts to ensure constitutional and accountable policing. Mr. Barr has a troubling record that tells us that there will be no redress of Sessions' blunders. Last year, after arduous work done by many Members of this Committee, we passed the First Step and the Juvenile Justice Reform Act of 2018, and I want to thank the Committee for its support of that. Mr. Barr's record on criminal justice places these achievements at serious risk and gives us no confidence that these hard-won reforms are going to be carefully executed. Why? As Attorney General, Barr pushed through harsh criminal justice policies--or rather, he pursued them that escalated mass incarceration in the war on drugs. His 1992 book, ``The Case for More Incarceration,'' argued that the country was incarcerating too few individuals. Barr led an effort in Virginia to abolish parole, build more prisons, and increase prison sentences by as much as 700 percent. Yesterday, Mr. Barr testified to this Committee of his intent to implement the First Step Act. If that is the case, this Committee should ask him for a commitment to rescind the guidance that Mr. Sessions issued on May 10, 2017, instructing all United States Attorneys to seek the maximum penalty in Federal criminal prosecutions. The Attorney General has a duty to vigorously enforce our Nation's most critical law--to protect the rights and liberties of all Americans, to serve as an essential independent check on the excesses of an administration. And we feel the evidence is clear that Mr. Barr is ill-suited to serve as chief enforcer of our civil rights laws, and therefore, we urge this Committee, as a part of its deliberations, its duty, and its responsibility, to reject Mr. Barr's nomination as our next Attorney General. And I want to thank you for your time. [The prepared statement of Mr. Morial appears as a submission for the record.] Chairman Graham. Thank you, sir. Ms. Cary. MARY KATE CARY, FORMER SPEECHWRITER FOR PRESIDENT GEORGE H.W. BUSH, AND ANNE C. STRICKLER PRACTITIONER SENIOR FELLOW, THE MILLER CENTER, UNIVERSITY OF VIRGINIA, WASHINGTON, DC Ms. Cary. Chairman Graham, Senator Feinstein, and Members of the Committee, thank you for the invitation to testify today, and I am here to give my enthusiastic support for the nomination of William P. Barr as our next Attorney General. My name is Mary Kate Cary, and I was a White House speechwriter for President George H.W. Bush from 1989 to 1992. In January of 1992, I moved to the Justice Department from the White House for the final year of the Bush 41 administration to serve as Deputy Director of Policy and Communications, overseeing the speechwriters in the policy shop and serving as one of two spokesmen for the then-new Attorney General Bill Barr. When I first started working for General Barr, I was 28 years old. I got to know him very well, as speechwriters do, and quickly learned the way he thinks. I found that Bill Barr has a brilliant legal mind. He knows Mandarin Chinese, and he plays the bagpipes. He has got a great sense of humor and an easy laugh. He is a kind and decent man, a dedicated public servant, and one of the best bosses I have ever had. He is always a gentleman. Bill and I flew thousands of miles that year in a four- seater prop plane to towns and cities all over America, where he met with local law enforcement leaders, small town mayors, city council members, victims' rights advocates, criminal justice reform leaders, residents of public housing, prison wardens, Federal prosecutors, religious leaders, really all kinds of people from every walk of life. We were often traveling in support of Bill's visionary initiative, Operation Weed and Seed, which sought to remove violent criminals and drug gangs from underserved neighborhoods and then allow grassroots organizations and programs to flourish, bringing hope of a better life to residents through education, opportunity, and stronger civil rights. As we met with people in communities all over America, I saw that Bill was a good listener. He was masterful at drawing out people's concerns, and he had a knack for finding the best solutions on the ground, figuring out what worked in a neighborhood, and then putting the right policies in place. He made sure politics never entered into it. Bill Barr treated everyone with the same respect, whether they were an up-and-coming chief of police, a receptionist at the Department of Justice, or an 80-year-old resident of public housing. I believe this is why Bill Barr continues to be held in high esteem by the career staff and the civil servants at the Department of Justice and why he was such a successful Attorney General. I also believe that in addition to being good policy, Bill Barr's leadership style is why Operation Weed and Seed continued on for many years after he left office. Everywhere we went that year, we were accompanied by rank- and-file FBI agents, and he was admired by every one of them that I met. More than once, I can remember being in very dangerous situations where the agents were concerned for his physical security. Every time, he was more concerned about my security. The fact that the Attorney General of the United States was more concerned about the safety of a 28-year-old staffer than his own safety tells you volumes about him. Despite his top-notch education and his stunning intellect, Bill Barr is not an ivory tower kind of guy. He went out of his way to build friendships at the Department and across the United States, checking in when someone was sick, helping people get jobs, just staying in touch. He and his wife, Christine, came to my wedding, and we have stayed friends for the 27 years since we have worked together. Like President Bush 41 did, Bill Barr has a devoted and wide collection of friends, each of whom think of him as a really good friend. I remember when he was Attorney General at the age of 42 and his three daughters were young girls. Despite the long hours he kept, the tremendous amount of travel, and the time spent away from his family, his daughters admired his devotion to the law so much that each of them later went to law school in order to follow in his footsteps. As a mother myself, that, too, tells me volumes about the way he has lived his life and the example he has given to young people, especially women. It is no surprise to me that he is one of the few people in American history to be asked to be Attorney General of the United States twice. It is an honor for me to highly recommend William P. Barr to you for confirmation. Thank you. [The prepared statement of Ms. Cary appears as a submission for the record.] Senator Cornyn [presiding]. Thank you. Professor Kinkopf. NEIL J. KINKOPF, PROFESSOR OF LAW, GEORGIA STATE UNIVERSITY COLLEGE OF LAW, ATLANTA, GEORGIA Professor Kinkopf. My thanks to the Committee for the honor and privilege to appear here today and testify on the nomination of William Barr to be Attorney General. In his testimony yesterday, William Barr minimized his 2018 memorandum on obstruction of justice. He characterized it as a narrow analysis of a particular interpretation of a specific statute. That is true in a sense, but to answer that very narrow question, he elaborated a comprehensive and fully theorized vision of the President's constitutional power. He declared without limit or qualification, and I quote, ``Constitutionally, it is wrong to conceive of the President as simply the highest officer in the executive branch. He alone is the executive branch. As such, he is the sole repository of all Executive powers conferred by the Constitution. Thus, the full measure of law enforcement authority is placed in the President's hands, and no limit is placed on the kinds of cases subject to his control.'' That manifesto of an imperial Executive has alarming implications for the Mueller investigation and for the whole of the executive branch. First, I wish to highlight two implications for the Mueller investigation. William Barr gave reassurances yesterday regarding what he would or would not do. These assurances are beside the point because, on Barr's theory, the power rests with the President. Therefore, the President does not have to ask Barr to do anything. In his view, the Attorney General and the Special Counsel are merely the President's ``hand.'' Again, a quote. The President needs only ask the Attorney General, ``Can I terminate the Special Counsel's investigation,'' and Barr's answer to that question will be, ``Yes.'' This is not speculation or inference drawn from the Barr memo. The Barr memo takes this on very directly. Again quoting the memo: ``Say an incumbent U.S. Attorney launches an investigation of an incoming President. The new President knows it is bogus, is being conducted by political opponents, and is damaging his ability to establish his new administration and to address urgent matters on behalf of the Nation. It would be neither corrupt nor a crime for the new President to terminate the matter.'' Well, President Trump has told us that that is exactly how he regards the Mueller investigation. Next, there was a great deal of discussion around the release of Mueller's report. First, it is clear that Barr takes the DOJ regulations to mean that he should release not the Mueller report, but rather his own report. Second, he reads DOJ regulations and policy and practice to forbid any discussion of decisions declining to indict, declination decisions. In combination with the DOJ view that a sitting President may not be indicted, this suggests that Barr will take the position that any discussion or release of the Mueller report relating to the President would be improper and prohibited by DOJ policy and regulations. I wish to close by noting one consequence of the Barr memo's theory of Executive power that extends outside the Mueller probe. The memo asserts that the President has, and I am quoting again, ``illimitable discretion to remove principal officers carrying out his executive functions.'' This would mean, for example, that the President may order the chairman of the Federal Reserve not to raise interest rates and to fire the chairman of the Federal Reserve if the chairman refuses to follow that order. The independence of the Federal Reserve, the SEC, the FEC, the FTC, the FCC, the dozens of administrative--of independent administrative agencies are unconstitutional under Barr's theory of Executive power. This is in spite of the fact that for over 80 years, the Supreme Court has consistently upheld the constitutional validity of the independence of those entities. Mr. Barr's theory of presidential power is fundamentally inconsistent with our Constitution and deeply dangerous for our Nation. [The prepared statement of Prof. Kinkopf appears as a submission for the record.] Senator Cornyn. Professor Turley. JONATHAN TURLEY, J.B. AND MAURICE C. SHAPIRO PROFESSOR OF PUBLIC INTEREST LAW, THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL, WASHINGTON, DC Professor Turley. Thank you, Senator Cornyn. Also allow me to thank Chairman Graham, Ranking Member Feinstein, and all the Members of the Committee for the honor of speaking to you today. I have known General Barr for many years in my capacity as both an academic and a litigator. I actually represented him with other former Attorneys General during the litigation leading up to the Clinton impeachment. I can think of no better person to serve at that--in this position and lead the Justice Department at this critical time. I come to this as someone that holds different views of the Constitution from General Barr. I am unabashedly a Madisonian scholar, and I admit--I have always admitted in testimony that I favor the legislative branch in fights with the executive branch. I also have been a critic of the expansion of Executive power. My default is in Article I. General Barr's default is Article II. He tends to take a robust view of Executive authority. Despite our different defaults, however, I have always admired him. I have always found him to be one of the most knowledgeable and circumspect leaders in the United States when it comes to constitutional history and theory. Now, I have already submitted written testimony addressing the 1989 and 2018 memos. I respectfully disagree with my friend, Neil, even though I found many of the things he said very compelling. We disagree on both what General Barr has said and also the implications of his views. But ultimately this Committee has a difficult task regardless of the resume of a nominee. You have to try to determine what is the person's core identity and values. For me, that question has always come down to a rather curious and little known fact about the Seal of the Attorney General that sits underneath the Attorney General whenever he speaks. It has the familiar image of a rising eagle with the olive branch and the 13 arrows and talons, but under it is actually a Latin legend that we continue to fight about how that legend was put on the seal. What we know is that it appears to be derived from how the Attorney General was introduced to the Queen. The British Attorney General was introduced as one ``who prosecutes for our Lady the Queen.'' That phrase was clearly adopted by someone--there is a huge debate about who or when or even why--but they made one change. It would not do to use that language. So they changed the last words to ``Domina Justitia,'' ``our Lady Justice.'' It would not do for the Attorney General to litigate or appear on behalf of any leader. The Attorney General appears on behalf of the Constitution, not the President. I know that Bill Barr understands that distinction. He has said so yesterday. He has maintained that position through his whole career. He has a record of specific leadership, not just at the Department of Justice, but in this very position. He is only the second person ever to be nominated to fit--fill that position twice. There are few nominees in history, as General Mukasey said, who has the resume that Bill Barr has. I will not go into depth about the discussion of the memo that Neil was talking about other than to say this. I do go into it in my written testimony. As Deputy Attorney General Rod Rosenstein said, it is not uncommon for former Justice officials to share their views about issues that they believe concern the Department. Indeed, General Barr wrote to other Justice officials about the prosecution of Senator Menendez. He had no connection with Senator Menendez, no interest in that case. His interest was the theory of prosecution being used against Senator Menendez, that he was concerned swept too broadly under the Criminal Code. The 2018 memo is vintage Bill Barr. It is detailed. It is dispassionate. It is the work of a law nerd, and that is what he is. He is a law nerd. I should know because I am a law nerd, and I teach with other 80 other law nerds. When people are suspicious why would anyone write a memo this long spontaneously and send it to anyone, that is because you do not know law nerds, okay? We write these memos so that we do not follow strangers on the street trying to talk about the unitary executive theory. Indeed I think the best thing we could do for Christine and the family is to reincarcerate Bill on the fifth floor of Main Justice where he can talk about this all day long. Now, the dispute about that obstruction provision is a real one. I am a little taken aback from the criticism. From a civil liberty's standpoint, I have been critical of the expansion of the--of the obstruction theory. It sweeps too broadly for me, and it--as a criminal defense attorney, I have been critical of it for a very long time. The issue that he was raising is a real one. He raises it from the Article II standpoint. Some of us have raised it from the civil liberties standpoint. What he really is arguing is not that the President cannot be prosecuted. He says exactly the opposite. He says the President can be charged with Federal crimes in office. He believes the President could be charged with obstruction in office. So he says the diametrically opposed thing to what many people are saying about him. What he believes is, just as Confucius said, that, ``The start of wisdom is to call things by their proper names.'' He wants to call this by its proper name. If the President commits a crime, he wants that crime to be defined. He does not say, by the way, that that same conduct cannot be another type of crime. He was only talking about the Residual Clause of 1512. Those were fair questions about statutory interpretation. I do not agree with everything in his memo. I have said that publicly. I disagree on some of his conclusions, but I wholeheartedly agree with him that this is a serious problem and it has to be defined. Now, ultimately, I believe if you read his testimony, you will find that he is more measured than some of my friends have suggested. Even Clinton's own former appointees, like James Clapper, said that yesterday he went as far as he could go as Attorney General giving assurances. But this is a historic moment for the Justice Department. I hope it does not pass. They need this man, and they need it now. I brought my children today, Aiden and Maddie, because I think that they really should be here. I suspect they are here because they heard that Senator Feinstein was giving out junk food to kids. [Laughter.] Professor Turley. But I hope that they will also understand the historic moment for what it is. And I thank you for the honor of being part of this. [The prepared statement of Prof. Turley appears as a submission for the record.] Chairman Graham [presiding]. Thank you. Reverend Risher. REV. SHARON WASHINGTON RISHER, ORDAINED PASTOR, CHARLOTTE, NORTH CAROLINA Reverend Risher. Good morning, Chairman Graham, Ranking Member Feinstein, and Members of the Senate Judiciary Committee. It is my honor to appear before you today to testify on the nomination of William Barr to be Attorney General of the United States. My name is Reverend Sharon Risher, and I live in Charlotte, North Carolina. My life, like so many other people's throughout this Nation, has been forever changed by gun violence--gun violence that is preventable with effective enforcement and commonsense safety laws. On Wednesday, June 17th, 2015 is the day that my life changed. As a hospital trauma chaplain, I have worked and experienced grief and tragedy and pain and loss as I worked with patients and families to comfort them. But that night, I was the one in need of comforting when I received the telephone call that no American deserves to get. My beloved mother and two of my cousins had been shot and killed in the church along with six other parishioners at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina. In the Charleston community which I was raised, when the doors of the church was open, my family was in the pews. That Wednesday was no different. A young White man entered the church at the beginning of the Bible study. In the spirit of our faith, he was welcomed in by the congregation and sat near the pastor. After studying the Gospel of Mark, they held hands, and bowed their heads, and closed their eyes, and held hands in prayer. That was the final moment for many in that church. That day that young man pulled out his gun and started firing. Some ran, some hid under tables, but they were gunned down. A house of worship is supposed to be a refuge from the storms of everyday life, but that young man robbed my family and the eight other families of their loved ones. Five people survived. Five people have to live every day with that tragedy in their hearts. After the massacre in Charleston, I struggled to answer why my loved ones and so many others had been killed. I was disturbed to learn that the shooting was premeditated and driven by hate. The shooter targeted parishioners at Emanuel simply because of the color of their skins. Along with so many Americans, I was baffled at how such a hateful man was able to get his hands on a gun. We later discovered that a loophole in our gun laws allowed the shooter to obtain the gun used to murder my mother and my cousins and the six others in that church. That loophole allowed hatred to be armed to kill. The person that killed my family members should have not been able to buy that gun. The National Instant Criminal Background Check System was designed to keep guns out of the wrong hands, including criminals, domestic abusers, and unlawful users of controlled substances. The Charleston shooter had previously been arrested for drug possession, something that should have blocked him from obtaining a gun under our existing laws. Yet he was able to legally purchase one because of a loophole in the Federal law. You see, if the FBI does not finish a background check within 3 days, the sale can proceed regardless of whether the check had been completed, and that is exactly how the man who killed my family exploited a loophole and got his gun. And he is not the only one. The FBI reported that in 2017 alone, gun dealers sold at least 4,864 guns to prohibited people before the background checks had been completed. Those nearly 5,000 sales were primarily made to felons, domestic abusers, or, like the man who killed my family, unlawful users of controlled substances. A strong background check system is the foundation for commonsense safety laws that keep guns out of the hands of the wrong people. We cannot stop--we can stop hate from being armed, but we need background checks on all gun sales, and law enforcement needs enough time to complete the background check. Each day I wake up motivated to ensure that hate will not win. As a member of the Everytown Survivor Network, I share my story to put a human face on our Nation's gun violence crisis. Our community of survivor advocates for change to help ensure that no other family faces the type of tragedy we have experienced. If he is confirmed as our Nation's next Attorney General, Mr. Barr will serve as our Nation's top law enforcement officer in a position of great power and influence. I hope he will make it a priority to prevent gun violence and work with Congress to update our laws and close loopholes that enable guns to get in the wrong hand, just like that young man filled with hate, murdered my family. Nine lives were cut short in Charleston. Today I say the names of my mother and my cousins and the six other people to honor them in this most sacred place: my mother, Mrs. Ethel Lance; my two cousins, Mrs. Susie Jackson and Tywanza Sanders; my childhood friend, Myra Thompson; the pastor of the church, Reverend Clementa Pinckney; Reverend Daniel Simmons; Reverend Sharonda Coleman-Singleton; Mrs. Cynthia Hurd; Reverend DePayne Middleton-Doctor. I pray that whenever you hear their names, you feel empowered to help bring about change. Thank you for listening, and I will answer any questions that you have. [The prepared statement of Rev. Risher appears as a submission for the record.] Chairman Graham. Thank you, Reverend. Mr. Canterbury. CHUCK CANTERBURY, NATIONAL PRESIDENT, FRATERNAL ORDER OF POLICE, WASHINGTON, DC Mr. Canterbury. Good morning, Mr. Chairman, Ranking Member Feinstein, and distinguished Members of the Committee on the Judiciary. I am the elected spokesperson of more than 345,000 rank and file police officers, the largest law enforcement organization in the United States. I am very pleased to have the opportunity to offer the strong and unequivocal support of the FOP for the nomination of William P. Barr to be the next Attorney General of the United States. In my previous appearances before this Committee, I have been proud to offer the FOP support for a number of nominees with the expectation that they would be good leaders, that they would serve our country honorably and effectively. In this case, however, there is no need to speculate whether or not Mr. Barr would make a good Attorney General because he has already been a good Attorney General in the administration of President George H.W. Bush. He had the experience, the knowledge, and the ability to lead the Department then, and he certainly does now. Mr. Barr's career of public service began as a clerk for a judge on the U.S. Court of Appeals for the District of Columbia, and he served a short tenure in the Reagan White House. He then joined the Bush administration as Assistant Attorney General for the Office of Legal Counsel in 1989. President Bush took note of his leadership, integrity, and commitment to law enforcement and promoted him to Deputy AG in 1990. In 1991, he was named acting Attorney General and was immediately faced with a public safety crisis. At the Talladega Federal Prison, more than 100 Cuban inmates awaiting transportation back to their country staged a riot and took seven corrections officers and three Immigration and Naturalization employees hostage. In the first hours of the standoff, General Barr ordered the FBI to plan a hostage rescue effort. The Cuban inmates demanded that they be allowed to stay in this country and released one of the hostages. Over the course of the 9-day siege, it was clear then that negotiations were failing. General Barr ordered the FBI to breach the prison and rescue the hostages. They were freed without any loss of life, and the incident was ended because of General Barr's decisive action. Following the successful resolution of this incident, President Bush nominated him to be U.S. Attorney General. The Committee on the Judiciary reported his nomination unanimously, and the Senate confirmed him as the 77th Attorney General. Through his service and his actions, he demonstrated he was the right man for the job. The FOP believes he is the right man for the job, again, today. Two years ago, just after his inauguration, President Bush issued three--oh, excuse me--President Trump issued three Executive orders on law enforcement and public safety, the first directed to the Federal Government to develop strategies to enhance the protection and safety of our officers on the beat. The others created a task force on crime reduction and public safety, and for the development of a national strategy to combat transnational criminal organizations trafficking in human beings, weapons, and illicit drugs. Mr. Chairman, during his tenure as Attorney General, Mr. Barr directed and oversaw a similar transformation at the Justice Department by refocusing its resources by making crimes of violence, particularly gang violence, a top priority for law enforcement. I submit to this Committee that Mr. Barr is the perfect person to complete the work begun by General Sessions with respect to focusing Federal resources to fight violent crime because he has not only done it before, he has done it as the Attorney General. President Trump has clearly made law enforcement and public safety a top priority. His nomination of William Barr to be the next Attorney General demonstrates that these priorities have not changed. We know Mr. Barr's record and abilities as well as his prior experience in that office. The FOP shares his views, and we confident that Mr. Barr will once again be a stellar top cop. We believe the President made an outstanding choice, and for Mr. Barr to return to public service as the Attorney General of the United States will serve this country well. The FOP proudly offers our full and vigorous support for this nominee, and we urge this Committee to favorably report this nomination just as you did in 1991. Thank you for the opportunity to testify. I will be glad to answer any questions. [The prepared statement of Mr. Canterbury appears as a submission for the record.] Chairman Graham. Thank you, all, very much. I appreciate your testimony, and I will get us started here quickly. Reverend Risher, thank you for your coming up here and sharing your loss and your story and your hurt. Some comfort I hope is that Mr. Barr said, if he is the Attorney General, he will pursue red flag legislation that I am working on with Mr. Blumenthal and others that would allow law enforcement, if they have appropriate information, to go and deny somebody a gun who is showing dangerous behavior. I think that is a real gap in our law. Most of these cases, people are screaming before they act, and we are just not listening. The guy down in Florida did everything but take out an ad out in the paper, ``I am going to kill somebody.'' And it would have been nice if the police would have had a chance to go in and stop it before it happened. As to Dylann Roof, who is facing the death penalty in South Carolina, he applied for a gun in West Columbia, South Carolina. The system said he had just been arrested. During the 3 days of looking into the arrest, he had not been convicted. The FBI agent called the wrong solicitor's office. There are two counties in Columbia, and they did not find out the fact he had admitted to being--possessing and using a substance that would have kept him from owning a gun. So we need to reform the laws, but that was sort of a mistake more than it was a loophole. Mr. Turley, thank you for very much for what you had to say. The Special Counsel regulation is 28 CFR Sec. 600.8. It says ``at the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.'' So do you think Barr will take this report seriously if given to him? Professor Turley. Absolutely. Chairman Graham. Okay. It also says, ``The Attorney General will notify the Ranking Member and Chairman of the Judiciary Committee in both bodies.'' Do you think he will do that? Professor Turley. Absolutely. Chairman Graham. Okay. It also says, ``To the extent consistent with applicable law, a description and explanation of instances, if any, in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established departmental practices that it should not be pursued.'' So, under this regulation, if Mr. Muller recommends a course of action and Mr. Barr says I do not think we should do that, he has to tell us about that event. Do you--do you agree that is what the regulation requires? Professor Turley. Absolutely. Chairman Graham. Do you believe he will do that? Professor Turley. Absolutely. Chairman Graham. Okay. It also says, ``The Attorney General may determine that public release of these reports would be in the public interest to the extent that their release would comply with applicable legal restrictions.'' Do you think he will be as transparent as possible? Professor Turley. Yes, and he said that, and I could add one thing to this, Mr. Chairman. The Committee pressed him on what he meant by that. I know that Ranking Member Feinstein also raised this in her comments. But as James Clapper and other people noted yesterday, there is only so much that--so far that a nominee can go. You cannot ask that he satisfy ethical standards when asking him to commit in advance to the release of information that he has not seen yet, because part of his duty is to protect things like Rule 6(c) information, grand jury information, and the derivative information, privileged information. He is duty-bound to review that. So the only thing a nominee can say is that he is going to err on the side of transparency and try to get as much of the report to Congress as possible. Chairman Graham. Based on what you know about Mr. Barr, should we take him at his word? Professor Turley. Absolutely. I have never known Bill Barr--in all the years that we have known each other, I have never known him to be anything but honest and straightforward. The last time he came in front of this Committee, the Chairman of that Committee, one of your predecessors, praised Barr. He said that this is sort of a throwback to what Committee hearings used to be like where the nominee actually answered questions. He is a very honest person. And if he said that he is going to err on the side of transparency, you can take it to the bank. Chairman Graham. Okay. So, Mr. Johnson, thank you for coming today. I listened to your concerns about Mr. Barr. I voted for Holder and Lynch. Do you think I made a good decision voting for them to be Attorney General? Mr. Johnson. I do. Chairman Graham. Why? Mr. Johnson. I think their presentation before this Committee was honest, direct, but more importantly, they committed to protect our democracy. For African Americans, protecting democracy is to also rigorously enforce efforts to ensure that all citizens can cast their ballot. They committed to that, and they demonstrated that while they were in office. Chairman Graham. Okay. And you believe Mr. Barr will not be committed to that? Mr. Johnson. I have serious reservations and concerns. Those concerns first start with this administration, their lack of enforcing Section 2 of the Voting Rights Act. Chairman Graham. How much of it is about this administration versus Mr. Barr? Mr. Johnson. In many ways it is difficult to separate the two. Chairman Graham. So I just want to suggest something to you. There are a lot of concerns I had about the Obama administration. I will not bore you with my concerns. But I thought he chose wisely with Mr. Holder and Ms. Lynch because they have differences on policy than I, because I am a Republican, but I thought they would be good stewards of the law and they would be fair arbiters being Attorney General. It never crossed my mind that I would vote against them because I had policy disagreements. If that is going to be the new standard, none of us are going to vote for anybody on the other side. So thank you for your input---- Mr. Johnson. But if I may, Mr. Chair? Chairman Graham. Please. Mr. Johnson. Going beyond policy disagreement, this Nation has had a long history of discriminatory practices, particularly in the criminal justice system. And any time we have a nominee come before this Committee who truly do not appreciate the disparities in the criminal justice system, as he stated yesterday, that goes beyond policy disagreement. That goes toward whether or not we understand the equal protection of the law should be afforded to all citizens. Chairman Graham. Well, I want to make sure you understand what he said, because I remember Senator Booker asking him, and he says, yes, that crack cocaine sentences were disproportionate to the African-American individual, and that is why we changed the disparity between powder cocaine and crack cocaine. He acknowledged that. But in 1992, he thought the biggest victims of rampant violent crime were, you know, low-income, mostly minority communities. So I do not buy what you are saying about him not understanding their differences and how one group is affected, particularly in the drug arena. So, I think, what he was trying to do is talk about crime. But here is what is perplexing to me. The NAACP has been in the fight for social and racial justice for a very long time, and I do not know how we got here, but you do a scorecard every year. And in 2017, every Democrat got 100 percent. I got 22 percent; Grassley got 11; Cornyn got 11; Lee got 11; Cruz got 11; Sasse got 6; Ernst got 11; Kennedy got 17; Tillis got 11; and Crapo got 6. There is a disparity here. I would hope you think because I disagree with your scorecard rating that I am not a racist. And I certainly do not know how to close this gap, but I would like to. Mr. Johnson. Right. So the NAACP, we are a nonpartisan organization. Our scorecard is not based on political parties. Our scorecard is based on our agenda, and our agenda---- Chairman Graham. Well, how do you explain the differences? Mr. Johnson. If you will allow me, our agenda is set by the delegates from across the country, and we are very clear that discrimination should not be a part of any agenda. Chairman Graham. How many of them are Republican? Mr. Johnson. Excuse me. Chairman Graham. How many of them are Republican? Mr. Johnson. We do not determine how many members are Republicans. We have Republicans among our membership, on our national board. Chairman Graham. I do not want to---- Mr. Johnson. But if you will allow me to explain the report card. Chairman Graham. Please. Mr. Johnson. And so we establish our agenda not based on political parties, because we understand that political parties are nothing more than vehicles for agendas. And as many African Americans were members of the Republican Party before the 1965 Voting Rights Act, many African Americans may decide their agenda based on the party's platform. And if party platforms align with the needs and interests of our communities, then they will vote for a platform that support their needs, whether it is access to quality public education, ensure that all African Americans can cast a fair ballot, fair housing policies, making sure we have true tests to determine disparate impact. Those are the issues we are concerned about. Those are not partisan issues. Those are policy issues. And individuals who run under party labels, they decide based on the platform that they believe which party label they run under. We do not make partisan decisions. We make policy decisions that are informed by members across the country. Some are Democrats, some are libertarians, some are Republicans. Chairman Graham. You may not think that you are making-- that your agenda is party-neutral. All I can tell you, as somebody who wants to solve problems, it is pretty odd to me that every Democrat gets 100 percent, and I do the best as a Republican getting 22. Maybe the problem is all on our side. I do not think so. I think the agenda that you are pursuing in the eyes of conservatives is not as good for the country as you think it is, and it has got nothing to do about Republican and Democrat. It is more it has to do about liberal and conservative. You have got to ask yourself: Why does every conservative on this Committee--the best I can do is to get 22? Mr. Morial. Mr. Chairman? Mr. Johnson. Well, I think it is a different question. I think the members of the Republican Party should ask yourselves: Are you willing to be expansive enough and inclusive---- Chairman Graham. That is a good question. Mr. Johnson. To ensure the rights of individuals despite their racial background, their interests are met, not based on conservative or liberal tendencies but based on those individuals' needs---- Chairman Graham. Fair enough. Mr. Johnson. And the interests that they advocate for. Chairman Graham. Will you ask yourselves why I cannot get better than 22 percent from conservatives? Mr. Johnson. Yes, sure, we can go down each one of the policy agendas---- Chairman Graham. Fair enough. Mr. Johnson. And we can go through each one of them, and we can make a determination. Mr. Morial. Mr. Chairman, let me---- Chairman Graham. That is a good discussion. Mr. Morial. I want to sharpen this discussion, because I think it is an important discussion, and give you what concerns me when it comes to this entire discussion. This is about whether the nominee is going to aggressively, faithfully, enforce the civil rights laws, and let me give you a couple facts. Chairman Graham. Can I ask you one question? Then you can give me all the facts you want. Mr. Morial. Yes. Chairman Graham. Name one Republican that you would support. Mr. Morial. I am not here to talk about Republicans and Democrats. I supported him when he was a Democrat. Chairman Graham. I just cannot think of a better person to pick than Mr. Barr if you are a Republican. So, I do not know who is going to do better than him in terms of experience, judgment, and temperament. So, if this guy does not cut it, I am at a loss of who we can pick. Mr. Morial. Well, but, Senator, let me make my point because I want the Committee to be extremely clear on this, and I want to cite two examples. Attorney General Sessions--and we have to talk about his record because the question for us is whether Mr. Barr is going to continue the policies of Attorney General Sessions when it comes to enforcing civil rights laws. In two instances, Attorney General Sessions, in his first days and months in office, had the Justice Department change sides in the middle of an important civil rights case. Chairman Graham. Elections matter. Mr. Morial. Texas--but, Senator, the enforcement of the law does not. Enforcement of civil rights laws is neutral when it comes to elections. So what Attorney General Sessions had the Justice Department do is, switch in a Texas voter ID law after the judge had made a finding, a preliminary finding that the Texas voter ID law was discriminatory. You know what it would be an example of? If Drew Brees or Tom Brady, after leading his team to a lead, went in at halftime and came out with the jersey of the other team on. In the middle of the case. Second, in the Ohio voter-purge case, the same thing occurs. Why did the Justice Department, without any discussion with the Congress, without any discussion with the civil rights community, switch sides miraculously and immediately? That should not have anything to do with who wins an election. Chairman Graham. I will say this: I could have given you a hundred examples of where Eric Holder and Loretta Lynch had a different view of a statute or a policy than I did. But if you do not expect elections to matter, that is a mistake. The policy differences we have are real. To expect Trump to win and everything Obama did stay the same is unrealistic. All I am asking is let us look at qualifications, because a Democrat will win 1 day and they will nominate somebody with a completely different policy view than I have. It will be a very simple decision. If I can find a difference, I will vote no. The question I am trying to ask the country is: Do you expect quality people to be chosen by the other side who has differences with you? If the answer is ``Yes,'' then Mr. Barr is as good as it will get. Mr. Morial. Well, you know, Senator, lots of us thought you were going to be nominated as Attorney General. Chairman Graham. Would you have supported me? Mr. Morial. Hey, guess what? I know we would have had a discussion, and I would not close the door on that. Chairman Graham. Well, I appreciate that. Mr. Morial. So I will say that. We thought you were going to be nominated---- Chairman Graham. But I do not think I am nearly as qualified as Mr. Barr. I do not think I could hold a candle to him. But the fact you said that about me, I appreciate the hell out of it. And let us see if we can find a way to get me above 22 percent. Mr. Morial. Let us work on it. Chairman Graham. All right. We may change a few policies. Senator Feinstein. Senator Feinstein. Reverend Risher, I just want to say something to you personally. I will never, ever forget your words, your emotion, the truth you spoke, and your feelings. And I just want you to know that there are so many of us that now know so many victims of guns in this country that we will continue to fight on to change this environment. So just know that. And I am so happy. You are one of the best witnesses I have ever heard, and your words will not be lost. I hope your family is in a better place. Thank you. Reverend Risher. Thank you so much. Senator Feinstein. Thank you. Mr. Kinkopf, if I may, Mr. Barr has stated that the memo that I spent all day reading and is very complicated, has stated that that memo was narrowly focused on obstruction of justice. However, Mr. Barr's arguments outline broad presidential powers. Please explain how his view of Executive authority could impact the Mueller investigation. Professor Kinkopf. Okay. Well, in any number of ways, I think most fundamental is his claim, without limit or qualification, that the President is the executive branch and that, therefore, all Executive power is vested in the President personally, that the President can personally exercise that power. And not leaving this to speculation or to chance, the memo specifically says that the President can control any litigation, any prosecution or investigation, including a prosecution or investigation of the President personally or the President's family members. And, further, it says that the Attorney General, the Special Counsel, anyone serving under the President, is merely the President's hands. Senator Feinstein. Well, it was certainly the case for the unitary executive and the all-powerful central figure. There is no question, I think, about that. In my mind, the question is, you know, how--does he really mean this? And it is hard if you do not know a man--and he is here and he is in front of you for the first time and you meet him--it is very hard to make those judgments. He is obviously very smart. He was Attorney General before. No one can say he is not qualified. The question comes we are at a time and a place where there are a lot of other subjects that are important. He has stated that his memo was narrowly focused. Mr. Turley--we have got a Defense Counsel, I guess--how do you see that same question I asked Professor Kinkopf? Professor Turley. It is a fair question, and Neil and I agree actually on a great deal because we both have real difficulty with the expansion of Executive authority. We are both critics of aspects of the unitary executive theory, but we disagree on the Barr memo. I think it was narrow. He says in the memo that he believes the President can be charged with obstruction in office. He believes that a President can be charged with other crimes in office. And where I disagree with Neil is that it is true that he says in his memos that the Constitution does not limit the power of the presidency in these regards, and that is demonstrably true. It is not in the Constitution. There are not those limitations. But he has said repeatedly in writing and before this Committee that he believes that a President can be charged for acts in office. He also believes that if the President misuses his authority, it can be an abuse of power and it can be a violation of his duty to faithfully execute the U.S. laws. Senator Feinstein. Well, it does not mean that Mr. Mueller could recommend indictment of the President and Mr. Barr could disagree. Professor Turley. On that, I am not sure where Neil is---- Senator Feinstein. Now, that is an esoteric question, I understand, but I think it is along the line of your thinking. Professor Turley. And I agree with some of the Senators on this Committee. I have always said that a sitting President could be indicted in office. I disagree with the OLC memos in that respect. Would a General Barr change that position? My guess is he probably would not. Would the Special Counsel ask for a change? My guess is probably not. It is not really--if you look at the history of both of these individuals, they are not like to either disagree or move for a change. Senator Feinstein. Let me ask both of you or anyone who wants to answer this, this memo and the whole concept of the unitary executive, all powerful, I think, has never been better expressed in a contemporary way than I have read it in this memo. And I was thinking last night, obviously Mr. Barr is qualified, he is bright, he is capable. But it is hard for me to understand why, with our Constitution, our Bill of Rights, why we want somebody that is all powerful in every way to take these actions. Professor Kinkopf. Senator, I think---- Senator Feinstein. My question was not well stated, but I think you got the gist of it. Professor Kinkopf. Right. Senator, I think we do not. So I would agree that William Barr is amply well qualified by virtue of experience, by virtue of intellect, by virtue of integrity. I have no doubt that he will stand up for his vision of the Constitution, and that is what I find so troubling, because his vision of the Constitution is so expansive and alarming with respect to the President's power. That is why I have quoted it. It is not my characterization. He says directly, ``The President alone is the executive branch.'' He speaks repeatedly through the memo of the President's ``illimitable'' powers. And while it is true that the Constitution does not specifically authorize Congress to limit the President's prosecutorial discretion by its text, it also does not by its text give prosecutorial discretion to the President. All investigation and prosecution is done pursuant to laws enacted by Congress, and within that authority to enact those laws is the authority to establish the parameters on that power. You do that, and you do that validly and legitimately. The Supreme Court has said that repeatedly. And what is so alarming about the Barr memo is that it reads the Constitution in a way that frees the President from those constraints. Professor Turley. This is where we do disagree, and I thought the question was presented quite well, because it does isolate where we depart, and that is, first of all, even though I do not like the unitary executive theory, there are many, many judges and lawyers who believe fervently in it. Also, there is not one single definition of that theory. There is sort of a gradation of where you fall on that. Bill Barr actually disagrees with the position of the Trump legal team. He expressly said that they are wrong, that it does not curtail a President's authority to prosecute him in office. So he is not at the extreme on this. But the other thing I wanted to note is, that I think where Neil and I disagree is that Neil is taking Barr's statement as to the constitutional footprint, the mandate of the Constitution, which does not have limitations in these areas, from how they would apply, where he said very clearly the President cannot do whatever he wants; there are consequences; he can even be prosecuted. Senator Feinstein. Thank you. Thank you, Mr. Chairman. Chairman Graham. Senator Hawley. Senator Hawley. Thank you, Mr. Chairman, and thanks to all of you for being here today. General Mukasey, can I start with you, I think? And thank you, General, for your long service both as Attorney General, distinguished service, and on the Federal bench. As a former Attorney General yourself, of course, you know the office firsthand. You have done this job. You have done it at a time of great national security peril for this country. You referenced in your opening statement the qualifications that Bill Barr brings, would bring to this job, and the advantages in some ways he would have having done the job already. Can you just speak more to that? I mean, I imagine if you were coming back to be Attorney General again, there are things you would do differently, knowing the job as you do now. So can you just elaborate for us why you think that his prior experience is a major plus? Judge Mukasey. Quite simply, he does not have and will not have the same steep learning curve that I had coming out of Article III. He does not have to do DOJ 101 and learn how each office runs, and he does not have to learn how they interact. He does not have to contemplate from ground zero the powers and the authority of each of the offices under him. He has seen it and done it. But I do not want to overstate the degree to which his experience prepares him. Obviously, we are living in a different time, and the issues are different. He is going to have to face that. But he is going to be able to devote 100 percent of his energy to doing that rather than learning the basics. That is what I meant. If I can go back, if I may, to the conversation you were just having about the President's powers, I do happen to believe in the unitary executive, unlike the other two folks, and this is not a question of a religious belief, and it is not some quirky attitude. The Constitution says at the beginning of Article II, ``The Executive authority shall be vested in the President of the United States.'' It does not say, ``all except a little bit of it.'' It does not say, ``most of it.'' It says, ``the Executive power.'' That means, all of it. Obviously--obviously--the President can be removed not only for crimes, but also for using his conferred powers in an improper way, and the President runs the political risk of having that happen every time he does something that comes close to the line or goes over the line. And that, I think, is the constraint. And it has so far been a reliable constraint. Everybody says that, ``Well, he could remove Mueller.'' Perhaps he could. But guess what? He has not done it yet, and there is good reason why he has not done it yet: because the Earth would open up and swallow him. We all know that. So I think that that is really what is at stake here, the political risk. Senator Hawley. General Mukasey, just staying with that point, because I think this is interesting, and, again, as someone who has held this office and advised Presidents and enforced the law as you have, you are familiar with Mr. Barr's views on Executive authority, Article II power. Do you think that those are out of the mainstream? Judge Mukasey. I do not. Senator Hawley. Do you think that they are inconsistent with the Constitution? Judge Mukasey. No. They are faithful to the Constitution. That is what he is faithful to. Senator Hawley. Go ahead. I mean, explain to us why you think it is important that the fact that Article II vests all Executive power in one person, in the President of the United States, why that is an important concept and important for the functioning of our constitutional system. Judge Mukasey. It is important because it assures that there is going to be political responsibility lodged someplace. It assures that when people in the executive act in a particular way that they, and the person at the top, can be held responsible for what they do. People spoke about independent agencies. They are in a sense independent in the sense that they do not relate to other agencies. But they are not a fourth or fifth or sixth branch of Government. They are within the executive. And it is important that that be true, because there has got to be somebody responsible for how that functions. The people who wrote the Constitution were--if they were afraid of anything, what they were afraid of was their experience under the Articles of Confederation where there had been a very weak executive and no ability of the govern--of the country to defend itself. They needed a strong executive, and that was the Constitution they wrote. If we want to amend it, I guess we can. But that is what is there. Senator Hawley. Tell me this: In your view, the Vesting Clause, the fact that the Vesting Clause in Article II gives the Executive power to a President of the United States, a single President of the United States, does that mean that this individual, the President of the United States, has illimitable power or is able to do whatever he or she may please? Judge Mukasey. No, because the one duty that it imposes on the President--and this is also imposed by the Constitution--is to see to it that the laws are faithfully enforced. That is just as much a constitutional duty as any other. And if he does not do that, he is subject to removal. That is his obligation. That is his really principal obligation. Senator Hawley. Thank you very much. Mr. Canterbury, I want to ask you, you lead the Fraternal Order of Police. It is incredibly important to me that the top law enforcement officer in this country, the Attorney General, have the confidence of the men and women of our Nation's police forces. Can you just elaborate for us what the most important issues were for your members that led your group to support former Attorney General Barr, hopefully future Attorney General Barr, for this nomination? Mr. Canterbury. One is his past experiences, his job that he did in the prior administration. We have been around a long time, and we knew him then. We saw the way he administered the Department of Justice, the way he worked with State and local law enforcement. Regardless of who leads the Justice Department, if there is no outreach to State and local law enforcement, then it really does not transcend to the State and local level. Under former Attorney General Barr, he did just that, and as General Sessions did and as Eric Holder did. You know, we have testified for a number of nominees over the years. Eric Holder had a tremendous reputation as a prosecutor in the law enforcement community, so I sat at this very table and testified for him. It is all based on the experiences that they had as either U.S. Attorney, Federal judges, or even in private practice. Senator Hawley. Why do you think it is so important to police officers that they have a capable, effective, experienced Attorney General? Mr. Canterbury. Just the administration of justice. I have heard the complaints about the Civil Rights Division, but we know from experience that a collaborative effort rather than consent decrees have real consequences in the cities. For instance, in Cincinnati, when the administration entered a collaborative agreement and all parties were at the table, we came out with a plan to help bring that city back together. In the last election in Cincinnati, the FOP endorsed a member of the NAACP to be a city councilmember. That would not have happened if they had not gotten to know each other sitting around a table working together for the betterment of that community. We favor the collaborative approach for consent decrees because they are real circumstances other than just say you will do this or, you know, we will not leave. Then they do it, and then obviously nothing ever changes. But when it is collaborative and everybody is at the table, we saw real change. Senator Hawley. Thank you very much. Thank you, Mr. Chairman. Chairman Graham. Thank you. Senator Durbin. Senator Durbin. Thanks, Mr. Chairman. Reverend Risher, thank you. Thank you for your testimony, and thank you for your touching words about that telephone call. I will remember that, because so many people receive that telephone call about people that they love who are victims of gun violence. I am honored to represent the city of Chicago. Sadly, we have a lot of gun violence and a lot of victims, families just like yours who will never, ever forget as long as they live what happened. I often think about what I am going to say to them. I stopped saying, ``Let me tell you about a new law that I have got in mind.'' I have stopped saying that because we do not pass laws on gun safety in this United States Congress. We do not. And it is unfortunate. We do not even pass the most basic and obvious things about background checks. We just cannot do it, politically cannot do it. A lot of reasons for it I will not get into here, but I will just suggest to you that, as fate would have it, sitting to your left is a gentleman, Mr. Canterbury, representing--345,000, did you say? Mr. Canterbury. Yes, sir. Senator Durbin. Members of the police who put their lives on the line every single day, and those guns on the street are aimed at them many times. And if there is ever a moment when the victims of gun violence like you, Reverend Risher, and Mr. Canterbury and the police ever come together on agreement on a piece of legislation, call me immediately. It will be a breakthrough moment. We can talk about gun safety with credible voices on both sides. Mr. Canterbury, while on the subject, thank you for the First Step Act. The endorsement of the Fraternal Order of Police and criminal justice reform and prison reform was historic and meaningful and made a difference. It was also noteworthy that we had the support of the prosecutors, the criminal prosecutors across this country, and the support of the American Civil Liberties Union. Go figure. How many times has this bunch ever gotten together? Not very often. But I think we passed something historic as a result of that, and I just want to personally thank you and publicly thank you for the role that your organization played in it. Mr. Johnson, we are looking back on the history of Mr. Barr, the things that he said, things that he has done, and I gave a speech that people have heard a few times now, but they were startled the first time I gave it. The title of my speech is, ``Let Me Tell You About the Worst Vote I Ever Cast as a Member of Congress.'' It was over 25 years ago, and I will bet you know what it was. It was 100-to-1, crack cocaine to powder cocaine. We were determined to stop this new narcotic in its tracks. It was super cheap. It was deadly. Pregnant women who got hooked on crack cocaine would give birth to babies with lifelong problems, and we came down as hard as we could, not just with 100-to-1 but mandatory minimum sentences on top of it. Three strikes and you were out for life, and we hit them hard, and we watched our prison population explode, primarily with African Americans. I look back on it as a big mistake, one of the worst I ever made as a public official, and I have tried to rectify it. We passed the Fair Sentencing Act 8 years ago. We have now passed the First Step Act. We are starting to give to these men and some women a chance to start their lives again. So now we look at Mr. Barr, and some of the things he said were consistent with my vote and the votes of a lot of Democrats back in the day when we were getting tough on narcotics, and he was as tough as it gets. He was writing books about building more prisons and putting more people in these prisons. He has continued in that vein up until the last few years. So I just want to tell you, I pray for redemption, both personal and political. Do you think Mr. Barr is entitled to a chance to redeem himself when it comes to this issue? Mr. Johnson. Thank you, Senator Durbin. I think any individual is entitled to redeem himself when they make a mistake. Our position on mass incarceration is just that. We have had a lot of individuals who have made a mistake who should have been exonerated or not prosecuted to the extent they were. I grew up in Detroit, Michigan. I lived through the crack epidemic in the 1980s. I have seen the damage it did, but I have also seen many individuals who were thrown away for many, many years. For an individual who is situated to acknowledge the history of what took place and, as you have just done, to say I made a mistake, that is a good thing. I have not heard that from the nominee. That is my concern. The other concern I have goes back to the exchange earlier when we oftentimes conflate civil rights issues, issues of democracy, with partisan considerations. Ensuring that individuals have access to the vote is not a partisan issue. It is an issue of democracy, and any A.G. should vigorously protect the right of individuals to vote, especially when over the last 2 years we have seen more attacks on voter suppression than we have seen in the last 25 years. Issues of equal protection under the law, it is not a partisan issue. It is an issue to ensure that all citizens of this Nation are afforded equal treatment. So our objection to Mr. Barr's nomination is not a partisan issue. It is not an issue of disagreement. It is an issue of concern as it relates to the mass incarceration and the vigorous prosecution that took place in the 1990s and whether or not we are considering a nominee who is still thinking in the 1990s frame or are we looking at a nominee who is really looking at the First Step Act and the progress that has been made. Senator Durbin. I only have a minute left, but I want to take it to the issue that you took it to, and I invite Mayor Morial to join in on this too. This question of election integrity has become a code word. When you hear election integrity from the other political party, it is about making sure that people who are not qualified and not legally eligible do not vote, and I do not think anybody disagrees with that premise. But there is something else going on in the name of voter integrity, and that is obstacles to voting that are totally unnecessary and really discourage people from using this right which is fundamental to a democracy. When I held hearings in this Committee in Ohio and in Florida and asked them about ID cards and early voting and said, what is the incidence of voting abuse in your State that led you to make it harder to vote, there were none. I think it is just a policy, a political policy, to fight demographics to try to keep people away from the polls who may change the outcomes of elections. I did not hear yesterday from Mr. Barr any commitment to voter integrity in the terms that you and I would probably discuss it, and that concerns me. I am not sure I can expect to hear it under this administration. But--Mr. Morial, would you close? Mr. Morial. I think there is something important about what you are saying. I would certainly point the Committee to exit polls that took place after the 2018 election wherein people were asked, Do you believe that voter suppression or voter fraud was a greater issue? Voter suppression won the poll of the American people overwhelmingly. These are exit polls where the numbers were sort of 58, and voter fraud was down, maybe in the thirties or forties. That is number one. Number two, the Shelby case has done significant damage, because it was post-Shelby that 40--the shenanigans of voter suppression, of cutting back on early voting, on voter ID laws, on restricting groups like the League of Women Voters in conducting voter registration drives really, really exploded. Some 40 States had proposals to restrict access to the ballot box. When I think about this, I think about it that we are waging war to, quote, ``promote democracy,'' Senator Graham, in Iraq, in Afghanistan. But right here on the home front, how can we countenance efforts based on no evidence to restrict access to the ballot box? The Shelby decision, I predict, will be seen in history the way Dred was seen, the way Plessy was seen: as a bad, ill- advised decision. We need--because what we are left with is the power of the Justice Department under Section 2, and under Sessions, not one single Section 2 case was brought even though you have had this explosion of voter suppression efforts. So, what we need is an Attorney General who says, I am committed to the utilization of my Section 2 of the Voting Rights Act powers to enforce the Voting Rights Act. I would certainly encourage that the nominee be asked his position on this, because this is so crucial to the protection of democracy, which is really what this Nation is all about. Democracy and voting is at the foundation of our system. Chairman Graham. I will make a quick comment, and then, Senator Kennedy. I am glad you mentioned Iraq and other places where we are trying to help people. There was an attack today on a restaurant. I think it is the same restaurant I visited with Kurds and Arabs and others in Manbij, Syria, to hold on to some representative government. Unfortunately, I believe some American advisors were killed there by ISIS. So this is not the subject matter of the hearing, but I want to make a quick statement. My concern about the statements made by President Trump is that you have set in motion enthusiasm by the enemy we are fighting. You have made people who we are trying to help wonder about us, and as they get bolder, the people we are trying to help are going to get more uncertain. I saw this in Iraq, and I am now seeing it in Syria. Every American wants our troops to come home, but I think all of us want to make sure that when they do come home, we are safe, and I do not know how we are ever going to be safe if people over there cannot, at least, sit down and talk with each other. The only reason the Kurds and the Arabs and the Christians were in that restaurant was because we gave them the space to be in that restaurant. You can think what you want to about those people over there, but they have had enough of killing. They would love to have the opportunity that we have, to fix their problems without the force of violence. So I would hope the President would look long and hard before he set it in Syria. I know people are frustrated, but we are never going to be safe here unless we are willing to help people over there who will stand up against this radical ideology. Here is the good news. Very few fathers and mothers over there want to turn their daughters over to ISIS, their sons over to ISIS. They just need our help. So to those who lost their lives today in Syria, you were defending America, in my view. To those in Syria who are trying to work together, you are providing the best in hope for your country. I hope the President will look long and hard about what we are doing in Syria. Senator Kennedy. Senator Kennedy. Thank you, Mr. Chairman. Pastor, I am very, very sorry for your loss. I wanted to tell you that personally. Reverend Risher. Thank you, Senator. Senator Kennedy. Before I ask my sole question, which I will direct to each of you to comment briefly, if you could, I want to do a couple of things. I want to give a shout out to my former mayor, Mayor Morial. Many of you know him as the president and chief executive officer of the Urban League. I, of course, know him in that capacity as well, but I know him as our mayor in New Orleans and as the head of the League of Cities and a State senator. We still claim him in Louisiana. I also want to recognize his sidekick, Senator Cravins-- former State Senator Cravins. We miss him in Louisiana, too. I listened to the discussion we had about the scorecard that Chairman Graham brought up. I want to make one very gentle observation that may be appropriate in other areas, including but not limited to the challenges we face with the shutdown, and that is, that so long as all of us on both sides and all sides and of every political persuasion are drunk on certainty and virtue, it is going to be hard to make progress. We probably ought to listen more and talk a little less. Here is my question, and if you do not care to answer it, that is okay, or if you do not have any thoughts, but I would like to know this. As you know, we have a Sixth Amendment right to counsel in America. It is part of our Bill of Rights. But in some instances, in too many instances, it is a hollow promise, and I would like to know your thoughts about our Public Defender system in America and whether you think it comports with the requirements of the Sixth Amendment, the right to counsel. We will start down here and just go down there, if that is okay. I would ask you all to be brief because I want everybody to have a chance. Mr. Canterbury. From our experience, the Public Defender system is in dire need of assistance. It leads to plea bargains that should not have happened, and we would definitely support more money for right to counsel. We do not take a back seat to anybody on your right to be represented. The system is woefully underfunded. Senator Kennedy. Okay. Thank you, sir. Pastor? Reverend Risher. I believe our Public Defender Office needs resources. Most of the people that receive a Public Defender are marginalized people without resources, and their opportunity to have the best counsel they can is not something they get, and I would want that office to be able to serve everyone regardless of whether they have money or not. Senator Kennedy. Okay. Professor Turley. Senator, I am particularly thankful for you to raise this issue. As a criminal defense attorney, I can tell you that the Public Defender system is an utter wreck. It is underfunded. Judges are sanctioning Public Defenders because they have too many cases and they cannot get to court. So Public Defenders are in this position where they cannot handle all the cases, and yet they are held in contempt, but they do not want to do a case inappropriately, without zealous representation. So they have this absolutely impossible situation, and it is even worse in the State system. I gave a speech in Pittsburgh and I sat down with some Public Defenders there. The Public Defenders in Pittsburgh who I had dinner with are all moonlighting as bartenders and waiters to try to continue to be Public Defenders and feed their families. I mean, that is how bad the system is. Senator Kennedy. Professor? Professor Kinkopf. I agree that Public Defenders are heroic public servants. They are overworked, they are underpaid, and the system of public defense and provision of counsel needs to expand far beyond even the limited area it applies to now, into municipal courts, into infractions that should not, but do, end up in people serving jail time. Ms. Cary. Senator, I am the daughter of a criminal defense lawyer. I am married to a criminal defense lawyer, and he is the son of a criminal defense lawyer. So I am all in favor of great lawyering available for all Americans who find themselves in front of a courtroom. The thing that I would suggest is, I am aware here, in Washington, of many law firms who are partnering pro bono with Public Defender services to try to get young people in court and get them great experience while also giving good representation to people who need it. Maybe that is one of the answers that you can look into. But my understanding is they need all the help they can get, and maybe young people can help. Senator Kennedy. Thanks. Mr. Morial. A couple of quick things. I had the great privilege and pleasure last year to speak in Atlanta to the Federal Public Defender Service at its convening and gathering, and I would offer to the Committee perhaps this, as an example of a bipartisan-oriented initiative for this Committee, to hold hearings and do an examination of both the Federal Public Defender system, which may be in a little bit better shape but underfunded and understaffed, as well as local Public Defender systems, and you will get a real sense of what everyone has said, how stretched, how overworked, and how damaging this is to the operation of justice and to the constitutional guarantee of the Sixth Amendment. The last thing I would say is, in the late 1980s, Senator Kennedy, I was part of a small group of lawyers that actually challenged the very same issue in Louisiana. We challenged it by asking the State Supreme Court to conduct an investigation, which they did. They found that the system was underfunded, but then they took the position that, as the Supreme Court, they could not instruct the executive branch to adequately fund the Public Defender system. The bottom line here is, I would offer this, and I am glad you raised it, as an important element of this discussion around criminal justice reform, and that is to repair, to fix, to reform the Public Defender systems both at the Federal, at the State, and also at the local levels across this Nation. Senator Kennedy. Thank you. Mr. Thompson. Thank you, Senator Kennedy, for raising this issue. As someone who served on the board, at one time, of the Atlanta Federal Defender Program, I think that the Public Defender program, definitely at the Federal level, needs strengthening. However, at the State level, it is in total collapse. I think what the Department of Justice can do, and you can pursue this with Attorney General nominee Barr, is through the Office of Justice Programs encourage OJP to develop programs to assist State Public Defender Offices, appropriate funds for that purpose in terms of the grants, because the Department of Justice is not the Department of Federal Prosecution. It is the Department of Justice. Thank you. Mr. Johnson. I certainly agree with the panelists today that the Public Defender system is in dire need. I served as a commissioner on the State of Mississippi Access to Justice Commission, and we reviewed this issue. Mississippi is one of the poorest States, similar to Louisiana, and what we found was a system so corrupt it was one of the primary factors for prison overcrowding, that a large number of individuals are sitting in jail as pre-trial detainees because they have ineffective counsel or no counsel at all. So it is an issue that I agree with my colleague, Marc Morial, that this could be a bipartisan issue we could work on because the need is definitely there. Senator Kennedy. Judge? Judge Mukasey. Senator, in my experience, I think it is probably more limited than virtually the experience of all of the other panelists because my experience is largely confined to one district in the United States. That said, my experience with Federal defenders in the Southern District of New York was that they were people of unparalleled skill. There was competition to get those jobs, and they were highly valued. Similarly, under the Criminal Justice Act we appoint private lawyers to represent defendants. Again, there is competition to get on that list, so you really get lawyers, by and large, in my court who represented indigent defendants were by and large more skillful in my experience than the privately retained lawyers, some of whom were simply showboats. That said, I think the system is definitely in need of support, certainly at the State level. I second Larry Thompson's call for having OJP target particular areas with grants so that there can be demonstration projects that would show the way. Senator Kennedy. Thanks to all of you. You honor us with your time and your testimony today. Chairman Graham. Senator Whitehouse. Senator Whitehouse. Thank you, Chairman. And thank you very much to the panel, particularly Reverend Risher. I would like to join my colleagues in expressing my appreciation for your testimony here. I had the opportunity nearly 3 years ago to visit Emanuel AME Methodist Church with the Faith and Politics Institute. It was one of the most moving experiences of my life. It was remarkable, and to meet with the survivors a few months later here in Washington was impressive, and I am so glad that you are keeping that tragedy alive in our hearts because it should not be overlooked, and I appreciate it. Reverend Risher. Thank you, sir, for your words. And the Emanuel Nine will be something that I will continue to talk about their lives to let other people know that they did not die in vain, and I thank you for your comments. Senator Whitehouse. Do not ever stop. Reverend Risher. Thank you. Senator Whitehouse. Mr. Mukasey, I have some questions for you, and I want to let you know right off the bat that this goes back about 10 years, and so you will have full--I will give you every chance to answer more fulsomely in written answers, you know, questions for the record, so that if there is anything that you do not recall now. But the reason I wanted to ask you your questions is that I view it, anyway, as a responsibility of the Attorney General to fearlessly go where the evidence and the rule of law lead, and to allow, particularly in investigative matters, to let the evidence and the law be your guides. Now, given the circumstances that surround the Department, the willingness of an Attorney General to be independent where evidence leads to the White House is of, I think, particular moment. And that takes me back to the investigation into the removal of nine U.S. Attorneys in 2006. That report was concluded in 2008 on your watch as Attorney General. As you will recall, it was a joint effort. Those do not happen all that often in the Department, but this was a joint effort between the Department of Justice Office of Inspector General and the Department of Justice Office of Professional Responsibility. The investigation led both into White House files and into Office of Legal Counsel files. As to the White House files, the White House refused to cooperate and refused to provide access to your OIG OPR investigators to close out their investigation. The OLC refused to provide un-redacted documents to members of their own Department. The report that was issued in 2008 indicated that the investigation had been, and I quote it here, ``hampered and hindered'' and left with ``gaps'' as a result of the failure of the White House and OLC to provide the necessary information to the investigators. Judge Mukasey. That was the OIG report? Senator Whitehouse. Yes, OIG/OPR. It was both of them together, as you may recall. So here is my concern. You were the Attorney General at the time. You could have readily instructed OLC: Knock it off, guys, provide these folks the documents. And while you cannot instruct the White House what to do, when the investigation leads to the White House gates and the White House gates come down, to me it is the Attorney General's responsibility, at that point, to walk down to the White House and say, one of two things is going to happen, we are going to get cooperation in our investigation or we are going to have a resignation, because the Department of Justice needs to follow the law and the facts wherever, including into the files of the Department. As you know, there is no executive privilege issue as between the Department of Justice and the White House. That is a separation of powers issue, and it keeps things from us but it does not limit documents within the executive branch. So, I would like to get, now, your recollection in a more fulsome way, in a written fashion if you would like to elaborate, why it is that you felt that when the Department of Justice had an ongoing investigative matter that led to the gates of the White House, it was okay for the White House to say, no, we are not cooperating, and for the Department of Justice to stand down, because I think that would be a lousy precedent for now. Judge Mukasey. This goes to the qualifications of Mr. Barr to serve as Attorney General, does it? Senator Whitehouse. To the extent that there is a concern about whether he would be willing to do that, because we do not want a replay of this. And if he is citing the Mukasey precedent, I want to know more about the Mukasey precedent. Judge Mukasey. I doubt that he is citing the Mukasey precedent, number one. Number two, my recollection of that, which is dim over 10 years---- Senator Whitehouse. Which is why you---- Judge Mukasey. Nonetheless, older people have a better recollection of the distant past sometimes than they do of the recent past, so I do remember it to some extent. My recollection is that the investigation did not lead to the gates of the White House. It involves the circumstances under which nine U.S. Attorneys were terminated, and those people were offered the opportunity to come back. They were also offered apologies by me, and that is the way the matter ended. That is my recollection. Senator Whitehouse. Okay. Well, I would ask you to take a look at the question for the record that I will propound to you because that is different than what the OIG and OPR said at the time, because they felt that they were hampered, hindered, and left with gaps in their investigation, and it was White House files that were at issue. So my time is expired, but I hope we can settle this question because I do think it creates a difficult precedent in a world in which the Department of Justice may now have to ask similarly tough questions that take it into White House files. Judge Mukasey. I seriously doubt that one investigation and how it was handled creates a precedent in any sense for another, but I will answer your question. Senator Whitehouse. Thank you. Chairman Graham. Senator Grassley. Senator Grassley. First of all, for the Reverend, I do not understand how people can have so much hate that they do what they do. That is what comes to my mind all the time when I hear stories like yours. I remember it from the day it happened. Thank you for bringing it to our attention. Reverend Risher. Thank you, sir, for listening. Senator Grassley. Mr. Canterbury, you have talked some about the First Step Act. I want to go back to the Fraternal Order of Police, who was very instrumental in helping get it across the finish line. And obviously, as the Chairman of the Committee at that time, I thank you for doing that. We appreciate your strong leadership. The First Step Act requires that the Justice Department and the Attorney General implement a risk and needs assessment system, allow nonviolent inmates to receive earned time credit for participating in recidivism reduction programming, and recalculate good time credit for all inmates. Given Mr. Barr's past statements opposing criminal justice reform, especially sentencing reform, do you believe that he will be able to dutifully implement the system that the Fraternal Order of Police worked so hard to get passed? To be fair to Mr. Barr, yesterday he testified that he would implement the law and not undermine it. Are you comfortable with that commitment? Mr. Canterbury. I think his past experience in following the law speaks volumes to his ability to be able to take what Congress sent to the President and the President signed and implement the program. We have full confidence in that. Senator Grassley. Now, adding to what Senator Durbin said about the vast support that this legislation had from what I would say is extreme right to extreme left and everything in between--law enforcement, the judicial branch, victim rights groups, civil rights groups, faith groups--in your opinion, will Mr. Barr be able to work with these stakeholders to effectively implement the First Step Act? Mr. Canterbury. Yes, sir. We have full confidence that he will be able to do that. Senator Grassley. Now to General Mukasey and to Mr. Thompson. I am not questioning Mr. Barr's truthfulness when I ask you this question, but in the past Mr. Barr opposed our efforts at criminal justice reform. Mr. Barr also had concerns about the constitutionality of the False Claims Act and opposed that law. Yesterday, Mr. Barr testified that he would implement the First Step Act and had no problem with the False Claims Act. We all know that the Attorney General of the United States has a duty to enforce the laws in a fair and even manner, and, of course, without personal bias. General Mukasey, in your opinion, will Mr. Barr be able to do that? Do you believe that Mr. Barr will be able to faithfully implement and enforce the laws that he may not personally agree with? Judge Mukasey. I certainly think he will. His record shows that he is--if he adheres to one thing, it is to the requirements of the law. And I will tell you in my own case, I was initially opposed to some part of the First Step Act. I later became a supporter of it. So I am assuming that he will have the same open mind, at least, the same open mind, that I have. Senator Grassley. Okay. And, Mr. Thompson, along the same lines, your opinion on Mr. Barr's ability to enforce the laws fairly, evenly, and without personal bias? Mr. Thompson. Senator, as you know, I was a very strong supporter of the First Step Act. If you look at what Attorney General Barr did when he was Attorney General in the Bush administration and his emphasis in the Weed and Seed program on community collaboration, his admitted statements to Reverend Joe Lowery, as I mentioned in my opening statement, about the failure of prison, putting more people in prison, to help rid our crime-infested neighborhoods, he understands the need to do more than just lock people up. So I think he will faithfully implement the First Step Act, both in the spirit and literally. Senator Grassley. Also, do you, Mr. Thompson--since you have worked with Mr. Barr so much, knowing him as you do, would you say that he will be independent leader of the Justice Department that we ought to expect? And--well, let me finish this because I want General Mukasey also to speak to it. And maybe these questions come from the fact that we recently had an Attorney General that referred to himself as the ``wing man'' for the President. So what is your opinion of Mr. Barr's ability to be independent head of the Justice Department? Do you have any doubt that he will be able to stand up to the President? So, it is kind of the same question to both of you. Judge Mukasey. I have not got any doubt at all. He has done it in the past, number one. He is not anybody's wing man. And I think he understands that if he ever so behaved, he would come back to the Department to find a mound of resignations on his desk. So I do not think he would ever do anything like that, and he is not inclined to do it. Senator Grassley. Mr. Thompson. Mr. Thompson. I agree with General Mukasey. Bill Barr understands the many policies, traditions of the Department of Justice that have stood for a separation between the Department and the White House on matters of criminal investigations, decisions to indict. I do not think that--the men and women that he has led over the past years in the Department of Justice, I think he will understand their respect for these traditions. And I think he will--he understands the nuances that lead to why we have these policies and traditions, and I think he will faithfully follow them and support them. Senator Grassley. Yes. And, for Ms. Cary and Mr. Thompson, I think I will kind of answer my first question. I think you would say about Mr. Barr's fitness to be Attorney General in the United States, but could you tell us some observations you have had about him that leads you to believe he is the person that you have worked with and then, in turn, to be a good Attorney General? Ms. Cary. The year that he was Attorney General, in 1992, you may recall, started with President Bush throwing up on the Japanese prime minister. It was at the beginning of a rough year. As General Mukasey pointed out, there was the Talladega prison riots. There was the crack epidemic that Senator Durbin was talking about. General Barr yesterday was pointing out that the violent crime rate had quintupled over the previous three decades. Hurricane Andrew--you may not remember this, but Hurricane Andrew hit south Florida particularly hard and knocked out a tremendous amount of Federal law enforcement resources down there. And there was great fear that it was going to become sort of a lawless place, where drug dealers would take control and the Coast Guard would not be able to control things. And then there was also the Rodney King verdict and the L.A. riots. So it was a very dangerous year in a lot of ways. And I remember going to a press conference we were going to have in Richmond, I think. It was with the late great Jack Kemp, who was Secretary of HUD at the time. And as the two motorcades pulled in with the Attorney General and the Secretary of HUD, into this public housing project that we were going to talk about how to make public housing projects more safe, right before we got there, there was some sort of gang violence. And the law enforcement had come in and arrested a whole bunch of people. And there was gunfire. And so, as we got out of the cars, they came to Secretary Kemp and General Barr. And they said, ``It is still a little dangerous here. There could be some stray bullets. We have got two bulletproof vests for the two of you. And why don't you put these on and head up to the podium?'' And General Barr points at me and says, ``Well, what about her?'' And the agent said, ``Oh, I am sorry, sir. We only have two bulletproof vests.'' And he says, ``Okay. Well, Mary Kate, you take mine.'' And the agent said, ``No, no, no, sir. That is not going to happen. You take the vest. You head to the podium with Secretary Kemp.'' And he turns around to me, and he says, ``Well, this is unacceptable. You get in the car, the armored limo, and just keep your head down.'' And I thought at the time, ``Boy, that tells you volumes about him,'' that he even noticed that I was standing there. But, really, what was going on, the point of the story, is, that it was a very dangerous place, and there were people who lived there all their lives. And we were arriving in limos and going to be able to leave, and they could not. And that, I think, made a big impression on everybody involved, what people's lives were like in this crazy year of how dangerous things were, how bad the violent crime rate was. And all he wanted to do was try to help some of these people who were in these horrible situations. And I think that tells you volumes about him and his motivations and the kinds of things he tried to do as Attorney General. And, I think, I have no concerns whatsoever about his enforcement of the First Step Act because that is the kind of person he is. Mr. Thompson. Senator, I have observed Bill Barr in problem-solving situations. Yes, he will be the leader, but he listens to people very carefully. He has an open mind. He is respectful of different opinions. And he has a problem-solving personality in the sense that everything is collaborative. And I think he will be a terrific leader of the Department of Justice, and I have no doubt about that. Chairman Graham. Thank you. It is been a terrific panel. Senator Klobuchar, then we will take a break. You all have been going at it for 2 hours. We will take a 10-minute comfort break after Senator Klobuchar. And we will plow through until we get done. Thank you all for your patience. Senator Klobuchar. All right. Thank you very much, Mr. Chairman. I am going to talk--start talking here about voting rights. I asked a few questions of Mr. Barr about this, and it has been such a problem across the country. I come from a State, as you know, Mr. Johnson, with one of the highest voter turnouts, the highest in the last election. And part of that is because we have same-day registration, a bill that I have sponsored to bring out nationally. And I have looked at the numbers that show States that have that. Whether they are more red or more blue, they always are in the top group for highest voter turnout. It makes a huge difference to allow people to vote either with an ID or with a neighbor or with some other forms of identification. And so I am very concerned about the Supreme Court's ruling, of course, in the Shelby case. And yesterday I asked Mr. Barr about the State election officials in North Carolina who contacted the Justice Department to express concerns about the integrity of the elections 9 months before the election and about allegations of voter suppression. So he was not there, of course, at the time, but I am just wondering how you think the Department of Justice responded, how they should have responded when they first heard from those State officials? Mr. Johnson. From the NAACP's perspective, we are extremely concerned with the lack of responsiveness from the Department of Justice. Ever since the Shelby v. Holder case was decided, we knew that Section 2 would be the vehicle to protect voters. The lack of the current administration use of Section 2 was problematic. Mr. Barr's commending AG Sessions' tenure as AG is also concerning. His lack of clarity on how he will use his Justice Department to ensure all Americans can cast a ballot free of vote suppression or intimidation leaves a huge question mark for us. Any individual who serves as AG should have a primary consideration, the protection of the rights to vote of all citizens. It is not a partisan issue. It should not be seen as a partisan issue. It should be something that is above partisanship. I am a resident of Mississippi. And we have seen the dog- whistle politics for a very long time. In fact, if you look at the history of voting in the State of Mississippi, some of the languages that were used during the period called Redemption and after 1865 is being used today. Some of the tactics that was used in 1870 and 1890 is being used today. So we need a Justice Department that can rise above partisanship and to appreciate that in order for our democracy to truly work, all citizens should be afforded free and unfettered access to the ballot box. Senator Klobuchar. Very good. Could not have said it better. Thank you. Mr. Mukasey, you and I worked together when you were Attorney General. And, as you know, we had an issue in Minnesota, and the U.S. Attorney left. And you worked with me to get a replacement, which I truly appreciated. And we put someone good in place in the interim, and the Office continues to be a very strong Office. So, thank you for that. Could you just briefly talk about when you were Attorney General. Did you ever say ``No'' to the White House? Judge Mukasey. Yes. Senator Klobuchar. Okay. Can you remember some of the instances where you---- Judge Mukasey. I remember one---- Senator Klobuchar [continuing]. If some of them were public? Judge Mukasey. I remember one in particular. And I cannot-- I mean, I do not think I can discuss it here. Senator Klobuchar. Yes. Judge Mukasey. But it involved a position that the Government would take in litigation. And the White House was of a particular view, and the Department was of a particular view. And we prevailed. Senator Klobuchar. So, you think that is an important--but I had a discussion with Mr. Barr yesterday, just this concept of yes, you are the President's lawyer and that you are giving advice, but you are also the people's lawyer. And there are some times where those may conflict. Do you want to just expand on that? Judge Mukasey. Yes. I mean, when it comes to a pure legal position and the White House has taken a policy position that affects that legal position, yes, it gets very delicate. And it did in the one instance that I mentioned. And the Solicitor was of a particular view and was told, basically, ``You do what you think the proper view is, and let me take care of the politics.'' Senator Klobuchar. Very good. All right. Thank you. Mr. Morial, we--there has been discussion, bipartisan discussion, up here about the First Step Act. And could you just talk about some of the steps that we are going to need to take, that the Attorney General will need to take, immediately to implement it? Mr. Morial. Yes. Senator Klobuchar. Because you can put all of the laws you want on the books, but if you do not---- Mr. Morial. Certainly. And let me just reaffirm my thanks to you and every Member of the Committee who supported that. It was a very, very long and difficult effort to arrive where we arrived. We supported it early and continue to push for its improvement, but it is the First Step Act. The important, I think, step for the Attorney General is to get this Oversight Committee in place with the right people on it, and I think the most important thing that is going to be in the Attorney General's bailiwick is, one, organizing the U.S. Attorneys who are going to be responsive to those who are going to go back to the court where they were sentenced and request resentencing because the resentencing, for example, for the crack cocaine disparity, is not automatic. It is going to require a Public Defender service. It is going to require private lawyers. And my hope is that the United States Attorneys' Offices are not going to get in the way, not going to slow down the process, are going to move with speed and dispatch to facilitate and work with, if you will, criminal defense lawyers to identify those who might be eligible and get the Act in implementation. But I also think that the aspect of it, which involves the work of the Office of Justice, the Bureau of Prisons, which is the--and this was a great concern under the Act, whether the Bureau of Prisons was going to have the enthusiasm and the resources, Senator, to execute the ability of people to earn more ``good'' time, which requires them to participate and develop release plans and take steps toward preparing themselves for release. That is an entire effort. I think you authorized some $350 million in order to do that. That has got to be implemented. That has got to be executed. And we do not need any foot dragging in order to do that. So, I think, if the Committee continues to have oversight over the work on resentencing and the work on the execution of the pre-release program, and then the third element of it will certainly be-- and this was a great concern of ours--I think the nominee should be asked to rescind the Sessions guidance that--wherein he directed U.S. Attorneys to seek maximum sentences or the maximum prosecution. So, if the nominee is going to be true to, ``I will implement the First Step Act,'' then a good faith effort by him would be to rescind that guidance, right, to restore the discretion of the United States Attorneys when it comes to charging decisions. So, there is a lot of work to be done and I would urge the Committee to maintain its oversight role in ensuring that these things are executed. Senator Klobuchar. Okay. Thank you. And I am out of time, but I wanted to thank you, Reverend, for coming forward. And I will ask you on the record, not now, some questions about our bill that we have on stalking, because I know you have been supportive of that, and on the boyfriend loophole. So thank you. And, Mr. Canterbury, we want to move forward on that cops bill that we have with the training and the money for the officers. And thank you for your support and work on that. Thank you. Chairman Graham. Thank you. We will take a 10-minute recess to give you a comfort break. I am going to have to go do something else. And if Senator Blackburn would be kind enough to chair the hearing until we are finished, I would appreciate it. And it has been a great panel. Thank you, all, for coming-- very, very much. So, 10-minute recess. [Whereupon the Committee was recessed and reconvened.] Senator Blackburn [presiding]. The Committee will return to order. Senator Cornyn, you are recognized. Senator Cornyn. Thank you, Madam Chairman. I was just complimenting Senator Blackburn on her rapid ascension to the Chairman of the Committee. I have been on the Committee for 16 years, and I haven't quite made it there. So, congratulations. Well, thank you all for coming and sharing your views. I cannot help but comment on the stark differences that we are hearing from the various witnesses about this particular nominee. He is either the most-qualified person you could ever find, or he is the least-qualified person, and there does not seem to be much room in between. But let me ask some specific questions. First, I want to talk a second about criminal justice reform because it strikes me that of all the topics that we have dealt with here recently, that is one of the areas that brings us together. And I will just reflect, Mr. Johnson, I remember being in Dallas, Texas, maybe 10, 12 years ago. I was visiting with a number of African-American pastors, and I asked them, I said, What is the biggest problem in your congregation? And they said, well, it is formerly incarcerated men who have a felony on their record, and it is they cannot find a job, and they cannot find a place to live. And that has sort of always haunted me a little bit. But in light of some of the great work that has been done at the State level on prison reform--and I would have to say I am proud of the efforts made in Texas and elsewhere to try to provide people opportunities when they are incarcerated, those who are willing to accept responsibility for their own rehabilitation--that we have had some remarkable successes in the people who have taken advantage of the opportunity to turn their lives around. And I think our view as a Government and as a people has changed significantly. Mr. Barr talked about 1992 and violent crime back then, and there was a different attitude. And I think we have learned from our experience. But I want to go, General Mukasey, one of the things that you testified to, I think, in a previous Congress when we were talking about criminal justice reform, you said that really the test, the ultimate test for the success of criminal justice reform is the crime rate. I think I am quoting you correctly. Could you explain that? Because there are a lot of people who want to focus on other things, like incarceration rates and other issues, but the crime rate, it strikes me--public safety--strikes me as the most important one. Judge Mukasey. Yes. I think that is--that is the ultimate test for this, the statute that has just been passed and for future statutes. What does it do to the crime rate? The criminal justice system is there in substantial part to protect the public. If it is doing that and the crime rate is dropping, then bravo to the experience. And to a certain extent, it is going to be an experiment. We will see how people do when they get out. We will see how much money is saved and what it can be directed toward by way of prevention, and hopefully, our situation will improve. Senator Cornyn. Well, fortunately, in the criminal justice field, though, we have actually used the States as the laboratories of democracy, and we tried this out before we have implemented at the national level. And I think we have benefited from those State-based experiences. In my State, for example, we have reduced not only the crime rate, but the recidivism rate, and we have closed plans to build new prisons to incarcerate more people. So it really strikes me as something that it is one of those unusual scenarios where, basically, we were able to come together, people of dramatically different ideology and orientation, and come together and do something very positive for the country. And I am--we are going to keep an eye on the crime rate, to me is the litmus test of the success of what we tried to do. Professor Turley, I wanted to just, first of all, compliment you on your article that you wrote in The Hill and just preface that--the title, of course, was, ``Witch Hunt or Mole Hunt? Times Bombshell Blows Up All Theories.'' I have been extraordinarily troubled, frankly, by the politicalization of the Department of Justice, including the FBI, and I think you pretty much--in this polarized world we are living in, you talk about cognitive bias. And depending on the lens you are looking through, you can see a narrative, you can build a narrative that tells your story. Would you take a minute to sort of explain the thesis of your article and the views you express there? Professor Turley. Thank you, Senator. What I thought was most interesting about The New York Times article was actually not the point of the article, which was that the President may have been investigated under the suspicion that he could be an agent of a foreign power. But what came out to me from the article was an insight into what and how the FBI was looking at this early in the Trump administration, and we also have an insight of how the Trump administration was viewing what the FBI was doing. And this gets to the issue of cognitive bias. That it is a well-known concept that you can look at a problem with a bias where you see things that reaffirm your suspicion. But in this case, the FBI moved early on with an investigation that the White House was aware of. That fulfilled the White House's own bias that this was a ``deep state'' conspiracy, and the White House pushed back. And when the White House pushed back, it fulfilled the cognitive bias of the FBI that they are trying to hide something. And if you take a look at the timeline, you see this action and reaction occurring where each side is reaffirmed by the actions of the other side. So what the column raises is a distinct possibility that we might not have Russian collusion or a ``deep state'' conspiracy. That we may have two sides that are fulfilling each other's narrative, and we have gone so far down this road that it is impossible now to stop and say, well, what if neither of these things actually did exist? In economics, it is called ``pathway dependence,'' that you can invest so much into a single path that you can no longer break from it. And so what the column is suggesting is that perhaps we can actually use these stories and take a step back. And instead of assuming the worst motivations by both sides, look at this as whether both sides were trying to do what they thought was right or reacting to what they thought was correct, but they might have both been wrong. Senator Cornyn. Madam Chairman, my time is up. Could I take one more minute? Senator Blackburn. Without objection. Senator Cornyn. Yesterday, I was asking Mr. Barr about Rod Rosenstein's memo that is entitled, ``Restoring Public Confidence in the FBI.'' And to me, one of the most encouraging things about Mr. Barr's appointment is, I think he is exactly the kind of person who could do that, having done this 27 years ago and being willing to do it again for no other reason than his desire to help restore confidence in the Department of Justice and the FBI. So, but if you go back even further, back when James Comey was--and the FBI were investigating Hillary Clinton's email server, and he took the unprecedented step of having a press conference on July the 7th, 2016, at which he essentially exonerated Ms. Clinton while detailing all the derogatory information in the investigation. And then later on had to come back because of that press conference when the Weiner laptop was identified and say, hey, we found some more emails. The idea that the FBI and the Department of Justice would become so tangled up in an election and potentially influence an election is really unprecedented in our country and very dangerous, from my perspective. And then, of course, when Mr. Comey was fired by the President, then folks on the left thought he was St. James and after he had been the devil, I guess, previously when he was investigating Ms. Clinton. So I do think there is some of that cognitive bias going on here, and we need to identify it and maybe step back from it and learn from it. Thank you, Madam Chairman. Senator Blackburn. Senator Hirono. Senator Hirono. Thank you, Madam Chair. Reverend Risher, I, too, have had the opportunity to meet with some of the survivors of that tragic day, and so thank you very much for your heartfelt reminder of the work that remains for us to do. Professor Kinkopf, you have written a lot about the unitary executive, and that is something that Mr. Barr subscribes to. So I found it really interesting what you mentioned today because there were a lot of questions from so many of us, seeking reassurances from Mr. Barr that he would not interfere with the Mueller investigation in any way, shape, or form. And today, though, you said those assurances are irrelevant because under the unitary executive theory that if Mr. Barr were asked can the President fire Mr. Mueller, Mr. Barr would say yes. So there goes the entire investigation. I found that to be a really interesting statement on your part. So that means that let us say that if the President does fire Mueller, and one would say that under a normal circumstance that kind of firing could be part and parcel of an obstruction of justice kind of investigation. But if the entire underlying investigation goes away because the investigator is fired, then where are we? So that is very interesting as we sought to see the kind of reassurances that would enable us to feel that the Mueller investigation is, in fact, going to be able to proceed. So you talked a little bit about what the impact of the unitary executive--and I do--that theory--and I do understand that there is a range. It is not--you know, there is a continuum there. So I just want to ask, under the unitary executive theory, can a President commit obstruction of justice with impunity? Professor Kinkopf. So I will answer based on the memo that---- Senator Hirono. Yes. Mr. Kinkopf. Mr. Barr wrote last summer, because, as you say, there is a range, and so the answer would be different, depending on where you are on the range. The Barr memo allows that there may be circumstances where a President can be understood to have committed obstruction of justice. Now that is different from saying the President can be charged with obstruction of justice, and in fact, Mr. Barr yesterday during his testimony said he sees no reason to deviate from the Department's policy that a sitting President cannot be indicted. But even within that construct that a President can commit obstruction of justice, it is really difficult to see on his theory how that would end up happening, because he says when the President exercises a legitimate Executive power, that that cannot provide the basis for an obstruction of justice charge. And therefore, if he exercises his authority to fire someone-- James Comey is the discussion in the memo--then that cannot be the basis of an obstruction of justice charge. If President Trump then used his authority to fire Mueller, that, by extension, would not be something that could serve as the basis of an obstruction of justice charge on the theory set forth in the memo. And I think he should be, at least, asked in follow-up questions, whether or not he would apply the logic of the memo to that situation, and he should be asked if that were to transpire, would he resign? Because I think yesterday, he indicated that that would be an abuse of power, and that is something an Attorney General should resign if the Attorney General sees. Senator Hirono. I think you have given us a further line of questions to submit to Mr. Barr. Regarding the Voting Rights Act, so this is for Mr. Johnson and Mr. Morial, we know that after the Shelby County decision, there were many, many States that passed all kinds of legislation that would be considered by a lot of us as voter suppression. And yesterday, Mr. Barr testified that he would vigorously enforce the Voting Rights Act, the Section 2 of the Voting Rights Act. For the two of you, since there has not been a single Section 2 proceeding brought by the Justice Department, what specifically could Mr. Barr--what would you want Mr. Barr to do to vigorously enforce the Voting Rights Act, as he testified yesterday? Mr. Morial. I think, number one, that he should review the decision by the Justice Department to switch sides in these two cases. One has been resolved. Number two, he should ask the Voting Section of the Civil Rights Division to present to him all instances where the Justice Department has been asked to initiate Section 2 claims. Number three, I believe that he should investigate, evaluate, and review those States that have passed voter suppression law to determine whether, in fact, they are discriminatory. And in fact, if they are discriminatory, to initiate a Section 2 claim. The issue is, is for the Attorney General and the many competent lawyers in the Civil Rights Division at Justice to do their job without political interference, to make recommendations to him on what steps should be taken. A lot of stuff has been put into the deep freeze in the Sessions administration because he was just not interested at all in enforcing the Voting Rights Act because he disagreed with the Voting Rights Act and had had a long career of disagreeing with the Voting Rights Act. Well, the Attorney General does not have an option to pick or choose which laws they want to enforce. They must enforce all laws that are vigorous--vigorously because it is your job, as the legislative branch, to pass those laws. So, I think, that there are a number of things that the Attorney General can do, and most importantly, to publicly state that he will not follow the policy of Attorney General Sessions when it comes to the entire realm of civil rights. It is important for him to be on the record as forceful as possible, but also to commit to take the necessary steps to ensure that Section 2 is vigorously enforced and also to look at those instances where the Justice Department has either switched sides---- Senator Hirono. Yes. Mr. Morial. Or refused to take a position. The case I mentioned earlier in my testimony, the Chisom case, which was a judicial reapportionment case in which I was a plaintiff. The case was brought in 1985. It was decided by the Supreme Court in 1991--was a case where the Justice Department sided with us during the Reagan administration. And so the consistency of the Justice Department in siding, taking an affirmative stand in voting rights cases in support of those who have been aggrieved is something that until the Sessions administration was a bipartisan matter. And I think that this nominee should be asked whether he is going to restore that emphasis and that integrity to the enforcement of the Voting Rights Act. Senator Hirono. Madam Chair, I would like to ask Mr. Johnson to respond. Mr. Johnson. I agree with my colleague, but I also think he should intervene in current litigation. There are several ongoing voting rights cases that are taking place across the country. Second, he should work to fix the issue around Section 5. The House Special Committee on the Voting Rights Act will be doing hearings across the country, from my understanding, and if he becomes the Attorney General, he should seek to also support a fix in terms of Section 5. And then, third, review formerly covered jurisdictions to see if, in fact, they have made changes in their policies, practices, or procedures and if those changes were, in fact, vote suppression methods so we can document the record to show that without a proactive Justice Department and law, jurisdictions will revert back to past practices of discriminatory actions. Senator Hirono. Thank you. Senator Blackburn. I recognize myself for questions at this time. And Mr. Turley, I would like to come to you first. You spoke last December at the Press Club about privacy rights and security in a world with changing technology and the rising use of artificial intelligence and facial recognition technology. And the challenges that that is going to pose for the Justice Department, I think we all realize they are going to be there and will have to be confronted. And no clear answers have emerged at this point as to who owns the virtual you, you and your presence online. And more and more now, on a daily basis we are hearing from consumers who are wanting to make certain that there are privacy protections in a digital world and in that virtual space and that they are for everybody and that everybody plays for the rules. So Mr. Barr is going to have to address these issues because it is going to require greater enforcement from the Attorney General. And I would like to hear from you on the role that you see the Department of Justice under Mr. Barr's leadership playing as we deal with companies like Twitter and Facebook and some of these edge providers in the technology space. Professor Turley. Thank you, Senator. Of those emerging areas, facial recognition technology is probably the fastest moving and the one that has to be addressed the soonest. I have already spoken with people at Justice Department and to see if there is any way that the privacy community and the Government and private industry could find common ground here. I think that for privacy advocates, we can no longer just simply say that all facial recognition technology is an evil, and we are not going to work with it. Part of the reason is that the Fourth Amendment controls the Government. It does not control private businesses. And this market has progressed to the point that you are not going to get that cat to walk backward. I mean, this is a-- this is an emerging market. The Chinese have put a huge amount of investment in it. If you just land at Shanghai, you will see what facial technology is going to look like across--around the world. So the question is, how do we then marry the privacy values that we have with the legitimate security interests of the Government? And the answer is, there is a couple of things that we can do. One is, that most of this technology is going to require a data bank to be used effectively, including facial recognition data. We can act proactively to try to create privacy protection for the access of that information, how long that information can be stored, for what reasons it can be used. We need to really get ahead of this. And frankly, Bill Barr is a perfect person to do this because not only does he have really the law enforcement chops in terms of understanding how technology is used, but he has spent a lot of time in private business at the highest levels. And so I cannot imagine anyone better on this issue, quite frankly, to tackle it. Senator Blackburn. Mr. Thompson, let me come to you with another technology question because last fall DOJ met with some of our States' Attorneys General to talk about the frustrations with Google and Amazon and some of these edge providers and their failure to protect consumer data and also their anti- competitive behavior. And one of the things that came out of this was how Google prioritizes search results--theirs--to give them a competitive advantage over Yelp. So we know that these challenges are only going to be resolved if there is a multifaceted strategy that includes a partnership with our States' Attorneys General and if there is enforcement by the Antitrust Division and Consumer Protection Branch. So, with that in mind, how would you advise Mr. Barr or how do you see him moving forward at DOJ to deal with big tech and these issues that they are really confronting consumers every day? Mr. Thompson. What I see with respect to your question, Senator, is that this is something, number one, that I really do not know a lot about this. But I think the Attorney General nominee, if he is selected, would come in and review with career Department of Justice lawyers and other professionals in the Department on the issue, review the issues, listen to them carefully. This is what he has done on other issues of import. But more importantly to your question is that, I think, he has great experience in the past of working with joint task forces, joint efforts with State and local authorities, especially the State AGs, and he knows how to do this. He has done it successfully in the past, and I think he would be able to work with our State law enforcement colleagues and get at the answers to--that are raised in your question. Very important, very important matters. Senator Blackburn. In the minute that I have left and before I yield--Mr. Blumenthal will be next--I just want to thank each of you for being here. And Reverend Risher, I want to thank you for your testimony. And in the--I came to the Senate from the House, and we have passed some of the red flag legislation that Senator Graham had mentioned that he is working on here in the Senate. We look forward to some of those steps being taken, and I know that is something that is important to you. And Mr. Canterbury, we always thank you for the work you do for the thin blue line. Mr. Canterbury. Thank you. Senator Blackburn. And the good work that you all are doing there. My time has expired. Senator Harris, you were actually next. You are recognized. Senator Harris. Thank you. I appreciate that. And thank you, Senator Blumenthal. Mr. Morial, as we have heard, there has been a lot of discussion about this nominee and the book that was entitled, ``The Case for More Incarceration,'' for which Mr. Barr wrote the foreword. There has been concern about his opposition to efforts to lower mandatory minimums. And so my question to you is based on your experience as the mayor of New Orleans. During the time you were mayor, you saw a 60 percent reduction in violent crime. And as General Mukasey has talked about and others, one measure of the effectiveness of criminal justice policies is a reduction in crime. Mr. Morial. Right. Senator Harris. So can you talk a bit about what it is that as mayor you did and perhaps even best practices around the country that have led to a reduction in crime? Mr. Morial. Well, thank you very much for your question, and it was a powerful moment for our community when we changed the landscape of public safety. And I might add, we embarked on a plan that was comprehensive in nature. There was a law enforcement component to it, but there was also a human services and youth development component to it. And I set aside the debate between the two and said that we needed to do both. So our law enforcement component was a comprehensive reform of what was at that time a very broken New Orleans Police Department. And that comprehensive reform included weeding out corruption, dealing with a very brutal police force. It involved discipline and firing and remaking of how we recruited, how we trained, how we paid, how we deployed, how we used technology. It was broad-based. It was highly successful. We did not have the problems whatsoever because we also put our foot down and said we were going to have responsible and constitutional policing. So it is important in the context of the Justice Department--and when I took office, there was a Justice Department investigation of the New Orleans Police Department. And instead of fighting the investigation, instead of trying to delay the investigation, I worked with the Justice Department and presented my own far-reaching, far-ranging plan, which, at that time, went farther--we were prepared to go farther on a proactive basis than any Department at that time had gone under a consent decree. That is number one. But number two, and this is part of the purview, because Justice, in addition to its law enforcement responsibility, runs mentoring programs, programs funded by the Office of Justice Programs. In the old days, Weed and Seed. We also deployed and made full utilization of all of those initiatives, too, to invest in youth development, to expand recreation, to expand after school programs, to expand youth summer jobs. It was not just law enforcement. It was not just human services. It was a combination of the two. So I think it is important to understand that Justice has law enforcement responsibilities, but also Justice has responsibilities with respect to investing in a community, investing in youth. I would point this out, and I think this is important. At the time, and this was during the Clinton administration, the Clinton administration worked cooperatively with us both to help us pursue violent crime through gun prosecutions and drug prosecutions, but also invested through Weed and Seed and Office of Justice Programs. Also at that time, you had the Community Oriented Policing program, which provided us with additional resources for police technology. So the lesson to be learned, and I would say this, the consent decrees that are out there--and this is misunderstood by people. A consent decree is, by its very definition, a voluntary agreement between a city and its police department and the Justice Department. And most of those consent decrees that are entered into have been entered into in lieu of litigation that the Department had the right to do. So the idea that pursuing consent decrees is, in effect, a voluntary collaboration. And I think General Sessions was against consent decrees but offered nothing in exchange, offered no other strategy in exchange. ``I am just against consent decrees because I think that they negatively affect police morale,'' but did not offer another approach. We need this nominee to indicate that he is going to be committed to constitutional policing, committed to public safety. But understand that public safety, we have learned, is not just crack-down law enforcement. It is something much more comprehensive. It is something much more proactive. Yes, you have got to prosecute violent offenders, no doubt. But you have also got to ensure that there are reentry programs so that when people come out of jail, they are not apt to repeat. And that is part of, I think, a sensible, smart on crime initiative. I hope that helps. Senator Harris. And, as a follow-up to your point, some of the best and most innovative initiatives we have seen in the last few--in a couple of decades on criminal justice policy have been the result of the U.S. Department of Justice funding innovation in a way that supports local law enforcement, local prosecutors, and local community groups to create the kind of collaboration that you are talking about. Mr. Morial. There used to be a Local Law Enforcement Block Grant Program---- Senator Harris. Right. Mr. Morial. That provided money, which allowed you, because State--city governments are strapped always for resources, that created a way for you to invest in some innovation, some collaboration, some differential sorts of things. And I think Justice can play a proactive, smart-on-crime role in helping make our communities safer. Senator Harris. Thank you. Mr. Johnson, you have testified about your concern about the nominee's statements that have been made in the past about the fact that there is not statistical evidence of racism in the criminal justice system. He did mention during his testimony yesterday and acknowledged the disparities between crack and powder cocaine enforcement, but did not acknowledge or mention any other of the disparities that we have seen in the criminal justice system, such as arrest rates that relate to a variety of crimes, but, in particular, drug crimes, the disparities based on race in terms of who gets what amount of bail in the criminal justice system, and, of course, incarceration rates, which there are huge distinctions based on race in terms of the application of sentences. So if he is confirmed, what do you believe will be the ramifications or--of his failure to acknowledge that, and what do you--what would you recommend he do if he is confirmed to acknowledge and to be informed about these disparities? Mr. Johnson. An individual who serves as Attorney General of this Nation must recognize the long legacy of race disparity. And as AG, I would hope that he would really look into the credible research, and it would obvious that in the criminal justice system there is a huge disparity. Some of that could be accounted for based on income, but much of it is accounted for based on the racial makeup of juries. It could be accounted for selective prosecution. It could be accounted for as it relates to a myriad of things. And as the Attorney General, I would hope he would factor in that race is a problem. We are far from a post-racial society, and we must attack problems with a racial lens because there is very little in our criminal justice system that is race neutral. Senator Harris. And just one more question, Madam Chair. He did--I requested that if--within a period of time, if he--if he is confirmed, that he would meet with civil rights groups to understand the ramifications of any policies. He agreed to do that within the first 120 days, if confirmed. I think that we will all expect that he will do that, and I look forward to hearing about the results of those meetings. And thank you. Mr. Johnson. Thank you. Senator Blackburn. Senator Cruz. Senator Cruz. Thank you, Madam Chairman. Let me say thank you to each of the distinguished witnesses for being here, for being part of this hearing. I appreciate your testimony and wisdom and judgment. Judge Mukasey, let me--let me start with you. You have served as a Federal judge, you have served as U.S. Attorney General, as has Mr. Barr, and you have built a long and distinguished career of public service. Can you share, for this Committee, in your judgment, the importance of rule of law and the importance of having an Attorney General who is faithful to enforcing the law and Constitution regardless of party, regardless of partisan interest? Judge Mukasey. It is really the only guarantee that we have because this country is defined by and is constituted by a law, the Constitution. It is not based on land. It is not based on blood. It is based on the law. It all started with a law. And that is what we have built the society on, the notion that you can have a society in which--that operates fairly, in which neutral principles neutrally applied allow people to reach their maximum potential. If that is ever abandoned, if it is deviated from, if it is ever perceived to be deviated from, then we are lost. Then we have no--nothing to define us because we are defined by a law. Senator Cruz. Now, you have testified today that you know that Mr. Barr is a, quote, supreme--``superbly qualified nominee, that he has good judgment, and just importantly, that he has the will to exercise that judgment despite pressure from any source.'' Can you share with the Committee what in your professional or personal experience gives you confidence that Mr. Barr will once again well and ably carry out the responsibility of Attorney General of the United States? Judge Mukasey. Well, as I mentioned, he has had a past history of doing that when he served as Attorney General, notwithstanding that a desired--it was a desired result from the White House, and he kind of deflected it and, as it were, laughed it off. He is somebody who has testified here that--in view of the fact that most of his career is the rearview mirror. He does not really have to concern himself with the possible negative consequences of resisting pressure from an administration. So that is an additional--that is an additional guarantee. But I think the person himself and who he has been over the years consistently really speaks to that, and it is not just a question of his having nothing to lose. I think that is the way he is constituted. As Professor Turley said, he is a ``law nerd,'' meaning he is devoted in a--in a way that very few people are to what defines this country, and that is what he enjoys. That is his occupation and his preoccupation. And that is, I think, an excellent guarantee for the way he is going to approach the job. Senator Cruz. Well, this Committee, in particular, I think you will find no criticism for being a law nerd. We tend to attract more than a few of them. Mr. Thompson, you, likewise, have a long, distinguished, honorable career marred only by briefing being my boss at the Department of Justice. And I apologize for all of my errant mistakes since then--that time. Let me ask you the same question I asked Judge Mukasey, which is, in your professional and personal career and interactions with Mr. Barr, what gives you confidence that he will once again ably carry out the role of Attorney General? Mr. Thompson. Thank you, Senator, and I am very proud to have you as one of my colleagues and former alums from the Deputy Attorney General's Office. You have certainly acquitted yourself well. Bill Barr has a long history in the Department of Justice as I said in my opening statement. He has a great love for the Department. I think that may be one of the reasons he wants to return to public service. He has great fidelity to the Department. But in addition to some of the sort of sterile constitutional questions that we have been discussing this morning, important but still sterile in my view, he understands the traditions of the Department of Justice. He respects the traditions of the Department of Justice. He knows the impact that his decisions will have on the men and women who are in the Department, who are in the investigative agencies. And there are reasons for these policies. There are good reasons for these traditions, not the least important of which is public perception, that justice in this country, investigative decisions in this country are carried out fairly, without fear or favor of what your status is in society, and, most importantly, without political considerations. He understands this, and I think this makes him superbly qualified to be, again, the Attorney General of the United States. Senator Cruz. Thank you. Ms. Cary, you have worked with Mr. Barr some 2 decades. One of the things you testified about was Mr. Barr's busy schedule, long travel hours, and yet in the midst of it all, juggling to find time to be a husband and a dad to his three daughters. As the father of daughters myself, I know how difficult that can be with public life. Can you share with the Committee some of what--just what you saw firsthand about how he managed to carry out his responsibilities and still be there for his daughters? Ms. Cary. Yes, he was a tremendous father, as we saw yesterday, and a grandfather. And as I said in my testimony, the fact that all three of his daughters went into the law is huge. My husband is hoping that our daughters do not go into the law because he thinks it is becoming an increasingly difficult profession. But to your question about his demeanor and the way he conducts himself, which, I think, is an example to his daughters--we were in Houston and we were there for some events. And as he was hearing from all these victims of crime and people talking about how high the violent crime had gotten, can he please do something to help, he spontaneously turned around to me and said, what do you say we stop by the Harris County Jail? And it was not on the--on the agenda at all. For security reasons, you would never tip that the Attorney General was going to a prison. And the FBI basically kind of rang the doorbell over at the prison and said, ``We're here,'' and did an unannounced visit to the prison. And the Attorney General--the prisoners did not know who he was. Obviously, we did not announce it. He went around asking these guys what their lives were like, what did they do get in here, what is for lunch today, where do you exercise. And as much of a law nerd as he is, this was a very compassionate side of him. He was not showboating. He--there was no press involved. And to me, it showed the way he could sort of shoehorn in a quick visit so he could back and see his family, but yet learn about what people's lives were like, see the impact, not just of the violent crime on the victims, but also on proposed reforms on the people who were actually in the prisons. And I would be willing to bet there are not a lot of Attorneys General, present company probably excepted, who have been inside a cell block like that on an unannounced thing so that he could get back to his family, but also continue to learn the impact of the policies in a very real way. Senator Cruz. Thank you for sharing that wonderful story. And I will say his grandson, Liam, has become an internet sensation---- Ms. Cary. Oh, he stole the show. Senator Cruz [continuing]. Not seen since John Roberts' son, Jack, did Spiderman at his announcement, and then, he, too, had a moment of glory. Ms. Cary. Right. Senator Cruz. Thank you to each of you. Senator Blackburn. Senator Blumenthal. Senator Blumenthal. Thank you, Madam Chairwoman. Thank you to every one of you, and thank you for all of your written testimony which I will review. We have only 7 minutes, and as a matter of fact, we are in the middle of a vote right now, so I am going to be quick with a number of you. First of all, Reverend Risher, thank you for being here today telling your story so powerfully and eloquently, and making sure we understand that your mother and your two cousins would be alive if that shooter could not get his hands on a gun. Reverend Risher. Thank you. Senator Blumenthal. A dangerous person with a gun. And I assume that you would support the legislation that has been introduced to improve the background check system. As you probably--I am sure you know, that shooter was able to take advantage of a loophole---- Reverend Risher. Yes. Senator Blumenthal [continuing]. In the current laws. But more broadly, Senator Graham and I have proposed a bipartisan measure to take guns away from people who are deemed to be dangerous by a court after due process, and thereby keep guns out of the hands of criminals and other dangerous people. I hope that you can lend your voice and your face to supporting that legislation. Reverend Risher. I would support that legislation, sir, yes. Senator Blumenthal. Thank you very much. Reverend Risher. Thank you. Senator Blumenthal. Professor Turley, you and I are in agreement that the President can be indicted. I think we are in agreement---- Professor Turley. Yes. Senator Blumenthal [continuing]. While in office even if the trial has to be postponed. I articulated that position to Mr. Barr yesterday and asked him to agree with me, and he would not. You implied this morning in your testimony that he did agree with it. Do you have some information that---- Professor Turley. Oh no, actually, I have no information. I have never spoken to him about it. I was saying that if you look at the history of both Mueller and Barr, I would not expect that they would change this longstanding policy. From a constitutional standpoint, I have never really--I agreed with it as, I think, we share this view. The Constitution does not say that the President is immune from indictment, but an indictment goes to the President as a person. Impeachment goes to the President as an officeholder. That does not mean that a President is going to stand trial during a term, as you have noted ably. And indeed as you also know as a--as a prosecutor, it is exceptionally unlikely that when you got to the point of an indictment, that a President would actually face a trial, let alone incarceration during that term. Where Bill Barr falls in this, I really do not know. When we talk about him being a great advocate of the unitary executive theory, this is not--I do not--I do not share in Neil's view that even though I am not a big fan of the theory, that it is so horrific, you know. He believes in clear lines, and I share that view of what is an executive function and what is a legislative function. And when we talk about the avoidance doctrine of courts in trying to interpret statutes to avoid conflicts, it is important to remember that same avoidance conflict protects Congress, right, I tend to favor in Article I. Courts also avoid conflicts interpreting statutes that might impede your own authority. So I am not too sure where he comes out on this specific issue. Senator Blumenthal. Let me ask you, and I am going to ask a couple of other members. I am deeply disturbed, an understatement, by some of the President's comments about the FBI, about judges, about our judicial system generally. And shouldn't the Attorney General of the United States be someone who stands up for--you know, it is easy to say, ``I am for the rule of law,'' but when the rubber hits the road, he should be defending all of those institutions. Do you agree? Professor Turley. I do. What I should caution is that I do not think that Bill Barr is the type that is going to take a public stance often against the President, but he is someone who I think will be quite firm in his support with the--with the Department. I do not know what the President thought he was getting with Bill Barr, but I know what he is getting. He is going to get someone who identifies incredibly closely and intimately with that Department. And I think he will be a vigorous defender of it. Senator Blumenthal. Judge Mukasey, let me ask you, and I am--I know that you may wish to be referred to as ``General.'' Judge Mukasey. I do not. I have always been uncomfortable with that even when I was in the position. I thought it was weird. [Laughter.] Senator Blumenthal. As Attorney General--as Attorney General, I was referred to as ``General'' for 20 years, and I never was comfortable with it, either. Judge Mukasey. Yes, in the U.K., they call the Attorney General ``Attorney,'' which seems a lot more civilized and a lot more accurate, particularly when there are people in uniform around. Senator Blumenthal. As Professor Turley pointed out, in his testimony about the seal, the UK has a very different system. And I thought, by the way, the--your history of the seal was really very pertinent in terms of showing the differences between the Attorney General as an advocate of justice as opposed to an advocate for the queen or the President. Professor Turley. Thank you. Senator Blumenthal. But let me ask you, are you not deeply troubled by the President's attacks on the judiciary? Judge Mukasey. I disagree with them. I think it is extraordinarily unwise for him to do it, and in that sense--in that sense I am troubled. Obviously there is a--or there is or should be a political price to be paid for that, and I think we are in the process of seeing it paid to a certain extent. But there has always been a certain level of tension between and among the branches. How it is expressed and how civilly it is expressed is a different thing, and I think we are probably in agreement there. But there is always a certain level of pulling and hauling. That is built into the constitutional system. Senator Blumenthal. And are you not also troubled by the President's attacks on the FBI and the Department of Justice? Judge Mukasey. Again, the FBI can function on a day-to-day basis without a rooting section in the White House or a razzing section in the White House. I think that some of his criticisms of the FBI may very well turn out to be warranted. So far as the Department, that is a different story entirely, and I have articulated that. I think that the former Attorney General had no choice but to recuse himself. He did, and that was not something that was--that was not a criticism that ever held any water. Senator Blumenthal. Well, I want to, again, thank you all for being here. I have a lot more questions. Maybe I will contact some of you privately. My time has expired, and I know that Acting Chairwoman and I have to go vote. But thank you, all, for being here today. Senator Blackburn. Thank you. Without objection and on behalf of Senator Grassley, I would like to enter this letter from Taxpayers Against Fraud into the record. So ordered. [The information appears as a submission for the record.] Senator Blackburn. Thank you all for being here today and for your insight into how Mr. Barr would lead the Department of Justice in what is a very challenging time. Excuse me? [Voice off microphone.] Senator Blackburn. All right. He is in, just as I am getting ready to end this hearing. Mr. Coons, you are recognized. Senator Coons. Thank you, Senator Blackburn. Senator Blackburn. You just made it in under the wire. Senator Coons. Yes, ma'am. Thank you to the panel. I appreciate your patience. There have been, as you know, votes and other issues happening in other settings. Reverend Risher, we did have an opportunity to speak during the break, but I just wanted to re-confirm my sense of loss at what you shared with us, and the fact that I had the opportunity to visit, and to worship, and then to travel with Felicia Sanders and Polly Sheppard. It was a blessing to get to meet you today, and I look forward to your upcoming writing, For Such a Time as This, and talking about reconciliation work together. It is important and difficult work. But I wanted to start, if I could, by asking both you and Mr. Canterbury, with whom I have had the honor of working on other issues, about background checks in particular. We talked previously about the ways in which the NICS System does not currently fully work to deny access to weapons to those who should under the law be denied access to weapons. Senator Toomey and I introduced a bipartisan bill in the last Congress, the NICS Denial Notification Act, that would make a simple improvement to how we enforce our current law. If you lie and try, if you go into a gun dealership and fill out the form and say I am entitled to buy a gun, they run the background check and come back and say, umm, we are really sorry, but you spent 5 years in a Federal penitentiary for armed robbery, we are not giving you a gun today, and you storm out. In my home State, nothing more happens. In his home State, because the State police conduct that NICS notification, they know that they can now go have a conversation with you about for what purpose were you purchasing this weapon. This bill, if it were to become law, would require notification, simple notification, to a State or local law enforcement contact. And these cases--these so-called ``lie and try'' cases are rarely prosecuted at the Federal level, partly because of a lack of knowledge, partly because of a lack of resources. Mr. Canterbury, I would be interested--I am grateful for what I understand is the FOP support for the concept in the bill. I wondered if you would be willing to advocate with Attorney General Barr, should he be confirmed, for the resources to enforce ``lie and try'' laws and to make sure that our NICS system is working as it should. Mr. Canterbury. Absolutely. We have been very critical of the lack of resources for the NICS System, and the fact that a ``lie and try'' normally goes without prosecution. So, you know, we have supported that bill in the past. We are with you and Senator Toomey on that. And obviously with that will come the necessary appropriations and authorization to enforce. Senator Coons. I sure hope. Reverend Risher, would it have made any difference in the Dylann Roof case if he had been denied the opportunity to purchase a weapon? Reverend Risher. Yes, it would have made a difference. I believe if he was not able to secure his gun at that particular day, that maybe the tragedy in Charleston may not have happened. One of the things that we are up against is the 3-day waiting period that I know that needs to be expanded in order to be able to have a complete background check. And I think things would have been different if those things were in place at the time he bought the gun. Senator Coons. Thank you, Reverend. As the Co-chair of the Law Enforcement Caucus, I intend to work in this Congress as I did in the last to try and find ways that both parties can support that would strengthen law enforcement and our system of denying access to weapons to those who should not have them. Professor Kinkopf, if I might, there was some vigorous back and forth about the unitary executive theory. We could have a very long conversation about this, but I am just going to ask a focused question. Tell me specifically, the unitary executive theory is that it is theory. It is not currently the law of the land. Am I right about that? Professor Kinkopf. That is correct. In fact, the Supreme Court has rejected it repeatedly in every case beginning with Humphrey's Executor. Senator Coons. Yet you suggested that if we were to have an Attorney General with a very expansive view of Executive power, it might have some negative implications, and it might have some negative implications that would have some current relevance. Could you just explain that just a little bit more? My superficial and ill-informed view of this is that the Founders did not actually say ``all'' Executive power is given to the--to the President, that it was ``the'' Executive power. And then are examples of ways in which Executive power is actually shared with other branches historically. I do not want to get into a wonderful law nerd fight, but I am interested in what are the practical implications if we have an Attorney General who has a very broad and expansive view. My predecessor, Senator Biden, when he was Chairman Biden, although he was very complimentary of Mr. Barr, did express real concern about how broad his Executive power theory was. Professor Kinkopf. Right. So that reading of the Executive Vesting Clause was argued by President Harry Truman in the Steel Seizure Case, and specifically rejected by the Supreme Court, but that did not kill it. It keeps coming back. Lawyers in the Justice Department, earnestly believing in it, applied it in the torture memo, most infamously. So it is something we keep hearing. And the torture memo is a good example in the sense that it illustrates that much of what the Justice Department does never gets into court. And so, the Attorney General is such an important office because very often the Attorney General is the rule of law. It is only the Attorney General's willingness to not only stand up for what the Constitution says, but to recognize what the Constitution actually says. I have no qualms about William Barr on the first score. It is on the latter that I have real trouble. And so the Attorney General is a crucially important figure from that standpoint for issues we cannot even begin to contemplate and we may never know about it. But as the issues we do know about, that we can be quite certain, and even issues that may end up in court one day, that role is crucially important. Suppose the President decides he wants to tell the Federal Reserve how to run monetary policy. Now that is something that might end up in court, but the Myers case, sort of the first case of the modern approach to the President's removal power, is a case where Woodrow Wilson fired Frank Myers, the Postmaster First Class in Portland, Oregon, while he was President. His presidency ended in 1921. The Myers case was decided by the Supreme Court in 1927. Can you imagine 6 years of a cloud hanging over the independence of the Federal Reserve? So, even if, ultimately, the Supreme Court vindicates the proper view of the Constitution, we have potential for enormous chaos in the markets. And that is just one example of one independent agency and the important role it plays in our lives. Senator Coons. And you previously cited a list of independent agencies in Humphrey's Executor, and this is a line of questioning I pursued with our most-recently confirmed Supreme Court Justice. I am very concerned about how this view, which begins with the Scalia dissent, and now has expanded significantly in terms of its adherence, what its real consequences might be. If I might, with deference to the Chair, ask one last brief question. Senator Blackburn. Very brief---- Senator Coons. Very brief. Senator Blackburn [continuing]. Because I have not voted. Senator Coons. Mr. Morial, about 67,000 Americans every year are dying of overdoses. Mr. Barr once said, ``I do not consider it an unjust sentence to put a drug courier in prison for 5 years. The punishment fits the crime.'' I have come to the conclusion we cannot incarcerate our way out of the opioid crisis. Do you believe Mr. Barr will advance policies to help those suffering from addiction get the help they need without needlessly prosecuting and incarcerating large numbers of low- level drug couriers? Mr. Morial. I do not think we heard anything from him--I was not here yesterday--or anything in his record that would suggest that. I think it is going to require strong constitutional oversight. It is not the--if the way we treat the opioid crisis mirrors the way we treated the crack crisis, we are just continuing the ill-advised policies of mass incarceration. And they certainly do not work particularly for the user class. The user class. And what we did in the crack cocaine crackdown is it was users who were incarcerated for 18 months, 2 years, 3 years. Sometimes they repeated, and they went back to jail a second time. And the opioid crisis is an opportunity now that we are losing 60,000 people a year, more than we are losing to gun violence, to break from those policies and treat the opioid crisis for what it is. It is a public health crisis, just like the crack and cocaine crisis--these are people with deep problems with substance abuse. It is not to exonerate the pusher, it is not to sanction it, but it is to come up with a more intelligent approach. So I do not know if the nominee is there, if--and I think that this Congress and this Committee is going to have to force him to get there. Senator Coons. Thank you, Mr. Morial. Thank you to the whole panel. Thank you to the Chair for your forbearance. Senator Blackburn. And we thank you all for helping to give us a clearer picture of what you perceive to be the judgment and the understanding and the commitment of Mr. Barr. And this concludes the hearing to consider William Barr as Attorney General. I will remind the Senators that the record will be open until 5 p.m., on January 22nd, to submit questions, and we request your timely response. Senator Blackburn. This hearing is adjourned. [Whereupon, at 1:04 p.m., the hearing was adjourned.] [Additional material submitted for the record for Day 1 and for Day 2 follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Questions Submitted to Hon. William Pelham Barr, Nominee to be Attorney General of the United States, by Senator Tillis [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Follow-up Questions Submitted to Hon. William Pelham Barr, Nominee to be Attorney General of the U.S., by Senator Whitehouse [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Responses of Rev. Sharon Washington Risher to Questions Submitted by Senator Klobuchar and Senator Leahy