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Barr Threatens Not to Testify Before House, but Democrats May Subpoena Him Barr Threatens Not to Testify Before House, but Democrats May Subpoena Him
(about 5 hours later)
WASHINGTON — Attorney General William P. Barr and congressional Democrats clashed on Sunday over the terms of Mr. Barr’s scheduled testimony before the House Judiciary Committee this week, with Mr. Barr threatening to skip the session and the panel’s chairman threatening to subpoena him.WASHINGTON — Attorney General William P. Barr and congressional Democrats clashed on Sunday over the terms of Mr. Barr’s scheduled testimony before the House Judiciary Committee this week, with Mr. Barr threatening to skip the session and the panel’s chairman threatening to subpoena him.
The dispute, which spilled out into the public with dueling comments from each camp, revolves around Mr. Barr’s objections to the Democrats’ proposed format for questioning him about the special counsel’s report. And it throws Thursday’s hearing into doubt.The dispute, which spilled out into the public with dueling comments from each camp, revolves around Mr. Barr’s objections to the Democrats’ proposed format for questioning him about the special counsel’s report. And it throws Thursday’s hearing into doubt.
“The witness is not going to tell the committee how to conduct its hearing, period,” the committee chairman, Representative Jerrold Nadler, Democrat of New York, told CNN. If Mr. Barr does not show up, Mr. Nadler added, “then we will have to subpoena him, and we will have to use whatever means we can to enforce the subpoena.”“The witness is not going to tell the committee how to conduct its hearing, period,” the committee chairman, Representative Jerrold Nadler, Democrat of New York, told CNN. If Mr. Barr does not show up, Mr. Nadler added, “then we will have to subpoena him, and we will have to use whatever means we can to enforce the subpoena.”
The fight is only the latest in the Trump administration’s escalating battle with Democrats in Congress over documents and testimony — a battle that could lead to constitutional clashes in the courts.The fight is only the latest in the Trump administration’s escalating battle with Democrats in Congress over documents and testimony — a battle that could lead to constitutional clashes in the courts.
White House lawyers have already indicated that they planned to tell Donald F. McGahn II, the former White House counsel, and other former officials not to comply with subpoenas for their testimonies. The White House also blocked a former official from answering questions about security clearances to officials including Jared Kushner, the president’s son-in-law and senior adviser. And last week, the Treasury Department refused to turn over President Trump’s tax returns before a deadline set by House Democrats.White House lawyers have already indicated that they planned to tell Donald F. McGahn II, the former White House counsel, and other former officials not to comply with subpoenas for their testimonies. The White House also blocked a former official from answering questions about security clearances to officials including Jared Kushner, the president’s son-in-law and senior adviser. And last week, the Treasury Department refused to turn over President Trump’s tax returns before a deadline set by House Democrats.
“This is part of this massive resistance by the Trump administration,” Norman J. Ornstein, an expert on Congress at the American Enterprise Institute, said Sunday. “It’s basically a middle finger to Congress and its powers, and we’re going to see what Congress does about it.” “This is part of this massive resistance by the Trump administration,” Norman J. Ornstein, an expert on Congress at the American Enterprise Institute and a sharp critic of the president, said Sunday. “It’s basically a middle finger to Congress and its powers, and we’re going to see what Congress does about it.”
In addition to allowing each member of the committee to question Mr. Barr for five minutes, Mr. Nadler has proposed a second round of questioning for Democrats and Republicans. However, he has also proposed that staff lawyers for both sides be included in that round, which Mr. Barr opposes.In addition to allowing each member of the committee to question Mr. Barr for five minutes, Mr. Nadler has proposed a second round of questioning for Democrats and Republicans. However, he has also proposed that staff lawyers for both sides be included in that round, which Mr. Barr opposes.
A senior Justice Department official, who spoke on the condition of anonymity, said on Sunday that the attorney general had agreed to appear before Congress, not its staff, and therefore should be questioned only by members of Congress.A senior Justice Department official, who spoke on the condition of anonymity, said on Sunday that the attorney general had agreed to appear before Congress, not its staff, and therefore should be questioned only by members of Congress.
Mr. Nadler’s plan also calls for the committee to go into closed session to discuss the redacted sections of the special counsel’s report. But Mr. Barr and the Justice Department object to questioning behind closed doors.Mr. Nadler’s plan also calls for the committee to go into closed session to discuss the redacted sections of the special counsel’s report. But Mr. Barr and the Justice Department object to questioning behind closed doors.
“It would be a shame if Barr refused to show,” Mr. Nadler’s spokesman, Daniel Schwarz, said, “but it is important that there be a chance to ask follow-up questions, and members should not be prohibited from asking about redacted sections, which means we would need to go into executive session in order for Barr to be able to answer in a secure setting.”“It would be a shame if Barr refused to show,” Mr. Nadler’s spokesman, Daniel Schwarz, said, “but it is important that there be a chance to ask follow-up questions, and members should not be prohibited from asking about redacted sections, which means we would need to go into executive session in order for Barr to be able to answer in a secure setting.”
Although allowing staff members to question witnesses is unusual, the committee has permitted it on several occasions in the past, under both Democratic and Republican majorities, according to Mr. Schwarz. This includes during public hearings and private transcribed interviews, like the impeachment inquiries into Presidents Richard M. Nixon and Bill Clinton, and the Republican-led investigation into the F.B.I.’s handling of Hillary Clinton’s emails.Although allowing staff members to question witnesses is unusual, the committee has permitted it on several occasions in the past, under both Democratic and Republican majorities, according to Mr. Schwarz. This includes during public hearings and private transcribed interviews, like the impeachment inquiries into Presidents Richard M. Nixon and Bill Clinton, and the Republican-led investigation into the F.B.I.’s handling of Hillary Clinton’s emails.