UPDATE: On Feb. 14, 2019, the Senate confirmed William Barr to be the next attorney general of the United States by a vote of 54-45.
On Tuesday, the Senate Judiciary Committee questioned William Barr, President Trump鈥檚 nominee to be attorney general, on his views on the special counsel鈥檚 investigation into Russian interference, the criminal justice system, and immigration. Senators also addressed other key issues 鈥 including privacy, marijuana, voting rights, abortion rights, and LGBTQ civil rights 鈥 in their questioning.
While the 老澳门开奖结果 does not take a position on nominations, we have raised concerns about his record, including his past work involving warrantless surveillance, mass incarceration, and civil liberties abuses.
As is too often the case in confirmation hearings, Barr sought to allay concerns with many of his responses, but actually committed to very little. And he generally signaled alignment with Trump administration policies and the direction of the Justice Department under Jeff Sessions鈥 leadership. If Bar will continue to take the department where Sessions led it, the next two years will be disastrous for civil rights and civil liberties.
Mueller probe
Throughout the hearing, Barr stressed that he has no plans to interfere or let the president stop Robert Mueller鈥檚 investigation into Russia鈥檚 involvement in the 2016 involvement. However, he did not commit to making the contents of Mueller鈥檚 final report public. Rather he said it is his goal 鈥渢o get as much information out as I can consistent with the regulations.鈥
What he actually reveals is likely to turn on his assessments of the scope of executive privilege, about which he has previously advanced extremely expansive views. And even as to firing Mueller, he committed only to not doing so illegally, that is, without cause. But he did not detail what he understands 鈥渃ause鈥 to mean, leaving himself substantial wiggle room on both issues.
He followed this up by saying that if a president tried to coach a witness or offer a pardon in return for false testimony, such actions may amount to obstruction of justice, but reiterated his skepticism about Mueller potentially investigating obstruction of justice by the president in connection with the firing of James Comey.
While Barr rejected the claim by Trump鈥檚 personal attorney Rudy Giuliani that the White House has a right to 鈥溾 Mueller鈥檚 report, he expressed sympathy with claims that Trump is a victim of political bias. Barr also said he would not necessarily recuse himself from the probe even if Justice Department ethics officials recommended it.
Criminal justice reform
Barr has a long of supporting harsh criminal justice policies that have contributed to America鈥檚 mass incarceration crisis. He expressed little regret for his past views, but he did offer support for bipartisan reform measures like the First Step Act, which President Trump signed into law late last year, and pledged to 鈥渄iligently implement鈥 the new law.
Sen. Cory Booker (D-N.J.) Barr about a past statement where he that 鈥渢here鈥檚 no statistical evidence of racism in the criminal justice system.鈥 Barr said that while there鈥檚 鈥渘o doubt that there are places where there is racism still in the system,鈥 he thought 鈥渙verall鈥 the system is 鈥渨orking.鈥
Following a question by Sen. Mazie Hirono (D-Hawaii), Barr didn鈥檛 hesitate to support former Attorney General Jeff Sessions鈥 move against negotiating consent decrees with local law enforcement agencies accused of police abuse. Sessions鈥 decision undermined one of the Justice Department鈥檚 surest ways of increasing accountability and reducing abuses in policing. Barr also defended the practice of civil asset forfeiture, calling the abusive practice an 鈥渋mportant鈥 and 鈥渧aluable鈥 law enforcement tool.
Immigrants鈥 rights
Barr toed Trump鈥檚 anti-immigrant line, echoing the president鈥檚 call for a Southwest border wall and attacking asylum-seekers, whom he claimed are 鈥渁busing the asylum system鈥 and 鈥渁re being coached as to what to say.鈥
Defending Trump鈥檚 decision to shut down the government until he gets billions of dollars to build the wall, Barr suggested that Trump could go around Congress to do it since 鈥渢here are moneys that the president may have power to shift鈥 to go towards the wall.
Barr, a former U.S. attorney general, also inexplicably he had not 鈥渓ooked at鈥 the issue of birthright citizenship, which is guaranteed by the 14th Amendment, and could not weigh in on attempts by Trump and other politicians to abridge birthright citizenship rights.
Muslim ban
Barr defended the constitutionality of Trump鈥檚 Muslim bans, criticizing district court judges who ruled against the different versions of the ban. He did so even though the Trump administration abandoned efforts to appeal the first two versions of the Muslim ban and only defended the third version in the Supreme Court.
He Sen. Josh Hawley (R-Mo.) that 鈥渢he travel ban鈥 was one example where district courts wrongly tried to 鈥渨ade into matters of national security.鈥 Under Barr鈥檚 view, as long as the president asserts national security authority, the president can have nearly unchecked powers.
Voting rights
Barr to 鈥渧igorously enforce the Voting Rights Act,鈥 but he appeared to go out of his way to express skepticism about the damage done by voter suppression laws. While with Sen. Patrick Leahy (D-Vt.) about voter suppression policies, Barr said the 鈥渦nderlying problem鈥 of low voter turnout really has to do with public disengagement with politics and that 鈥渧oter turnout shouldn鈥檛 be artificially driven up without also addressing the issue of an informed citizenry.鈥
Privacy rights
During the hearings, Leahy noted that Barr was a senior official at Verizon 鈥渄uring the NSA鈥檚 metadata program鈥 that 鈥渞equired telecom and internet providers to hand over huge amounts of data to the government鈥 and held the position that Americans do not have a Fourth Amendment-protected privacy interest in data held by third parties.
When Leahy if he changed his opinion on privacy rights following the Supreme Court鈥檚 ruling in Carpenter v. U.S., where the Supreme Court rejected the government鈥檚 argument that individuals don鈥檛 have Fourth Amendment protected privacy interest in sensitive location data held by third parties, Barr said he 鈥渉adn鈥檛 read鈥 the Carpenter decision and will 鈥渢ake a look鈥 at the court鈥檚 ruling.
Reproductive rights
Barr did not distance himself from his past assertion that Roe v. Wade 鈥should be overturned,鈥 but he said that the Justice Department has 鈥渟topped as a routine matter asking that it be overruled and I don鈥檛 see that being resumed.鈥 Barr did not commit to defending Roe in court, deferring the decision to the solicitor general.
LGBT rights
While Barr said he personally opposed employment discrimination against LGBT people, Barr appeared aligned with the Trump administration鈥檚 position that the Civil Rights Act of 1964 does not protect sexual orientation and gender identity. According to Barr, Congress would have to pass a new law to implement such protections as the 1964 law only covered 鈥渕ale-female鈥 sex discrimination.
Marijuana reform
In an encouraging note, Barr said that he will not use Justice Department resources to enforce federal marijuana laws in states that have legalized marijuana, including the District of Columbia.
鈥淭o the extent that people are complying with the state laws on distribution and production, we鈥檙e not going to go after that,鈥 he , while urging Congress to create national standards because the differences are 鈥渂reeding disrespect for federal law.鈥
Torture
When Sen. Dianne Feinstein (D-Calif.) Barr about his of George W. Bush鈥檚 torture program, Barr said he would uphold the 2015 McCain-Feinstein Torture Prohibition Amendment. He also said torture is never lawful and agreed that the 2015 law 鈥渄efinitively鈥 prohibits waterboarding. 鈥淚 don鈥檛 think we should ever use torture,鈥 Barr said.
Overall, Barr鈥檚 views seemed to suggest that he will continue with many of Sessions鈥 wrongheaded policies that have been disastrous for civil liberties and civil rights. If he does, he can expect to see us in court.