To confirm William Barr, he must pledge to protect Robert Mueller: Today's talker

William Barr, President Donald Trump's nominee for attorney general, will begin his confirmation hearing Tuesday before the Senate Judiciary Committee.

Senators need assurances from Barr

By Caroline Fredrickson

What is a president to do when a federal criminal investigation is closing in around him? Put some friendly faces in charge.

Out with Attorney General and Deputy Attorney General Jeff Sessions and Rod Rosenstein, in with Acting Attorney General Matthew Whitaker and attorney general nominee William Barr.

Sessions famously incurred President Donald Trump’s wrath because he wouldn’t shield him against charges that the Trump campaign conspired with Russian officials to sway the 2016 elections. Rosenstein, similarly, irked the president by steadfastly protecting special counsel Robert Mueller's investigation. Both men may have technically resigned, but it's the worst kept secret in Washington that their stands on the Russia investigation cost them their jobs.

Trump replaced Sessions with Whitaker as acting attorney general and nominated Barr to serve in the position full-time. Confirmation hearings begin Tuesday. Given the legal shroud hanging over this presidency — and the fate of those previously tasked with overseeing investigations into Trump’s conduct — it is vital that the Senate receive clear assurances from Barr that, if confirmed, he will remain independent of the president and allow the Mueller investigation to continue unimpeded.

Talker: The FBI is playing politics with Donald Trump

Barr has in the past downplayed the allegations made against the president and his campaign. And even though the Trump has said several times that the Russia investigation influenced him when he fired the man originally overseeing it, James Comey, Barr has said that the president made the right call.

Barr has also shown himself to be no friend of special counsel appointees from years past. He is alleged to have undermined the special counsel investigating the Iran-Contra affair, urging then-President George H.W. Bush to pardon several figures involved even as the investigation was progressing.

Trump and Barr are even said to have discussed the possibility of Barr serving as Trump's private defense attorney. That didn't happen, but it does provide a window into how useful Trump thought Barr might be with regard to the Russia investigation.

Trump is in legal jeopardy on many fronts. Several of his campaign cohorts are either in jail, have pleaded guilty or have been indicted. He is circling the wagons and obviously views the U.S. attorney general's office as a get-out-of-jail-free card.

During the confirmation hearings, senators must secure from Barr a commitment to let the Mueller investigation continue to its natural conclusion. They must seek answers from his testimony on several key issues (some of which Barr addressed in advance testimony released Monday):

►How will Barr impartially oversee Robert Mueller’s work?

►Will he commit to making Mueller's findings public?

►Will he resign if Trump demands he fire Mueller?

►Does Barr think presidential documents can be subpoenaed as the courts found in U.S. v. Nixon?

►Can a sitting president be indicted?

The American people deserve an attorney general who will uphold the rule of law and put their interests first. Any failure by Barr to clearly address any of the questions above should disqualify him from serving as the highest law enforcement officer in the land.

Caroline Fredrickson is the president of the American Constitution Society and author of the forthcoming "The Democracy Fix: How to Win the Fight for Fair Rules, Fair Courts, and Fair Elections". You can follow her on Twitter: @crfredrickson.

What others are saying

The New York Times, editorial: "It is William Barr’s approach to the investigation of the president that demands the most scrutiny. Under his view that the president controls Justice Department functions and can 'start or stop a law enforcement proceeding,' he may well be committed to the idea that the president can do as he wishes with the Mueller investigation. Would he be willing to resign if President Donald Trump tried to shut that investigation down, as Attorney General Elliot Richardson did when President Richard Nixon ordered him to fire the Watergate special prosecutor?"

Grant Woods, USA TODAY: "Sen. John McCain explained, 'The Constitution says that the Senate has the obligation to advise and consent. I am in keeping with the Constitution of the United States. When I got re-elected, I said I would support and defend the Constitution, I didn’t say I would support and defend the president of the United States.' This is exactly how the Senate is supposed to work — and I hope senators treat Barr’s confirmation with the same urgency. A coequal branch of government should demand no less."

Sen. Chris Coons, D-Del., The Washington Post: "I will press him to demonstrate that he will be an attorney general committed to upholding the Constitution and applying the law without fear or favor. I will be looking for unequivocal commitments that he will respect the independence of special counsel Robert Mueller’s investigation; that he will ensure it receives all of the resources it needs; that he will not overrule Mueller’s decisions about indictments and prosecutions; and that he will not allow anyone, including the president, to interfere with or curtail the investigation."

What our readers are saying

Special counsel Robert Mueller was given funds, staff and unlimited time to go after one person. I don't think these resources were given to investigate a crime.

— Jose Folenchez

I hope that William Barr keeps his word and doesn't let President Donald Trump interfere with making Mueller's report public. We're all waiting to see what's in it.

— Russell E. Glass

The Mueller report will be nothing more than a political hit piece against the president. The report should not be released to the public until the White House has had the opportunity to write a rebuttal. Then, the two reports should be released at the same time.

— Jim Reid

The fact that Barr says he wants Mueller's report made public and won't allow improper interference must terrify the liberals! I think the only thing keeping Mueller going is partisan liberal politics.

— Don Dupree

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This article originally appeared on USA TODAY: To confirm William Barr, he must pledge to protect Robert Mueller: Today's talker