Five things to watch during Barr’s confirmation hearing | TheHill – The Hill

William Barr, President TrumpDonald John TrumpHouse Freedom Caucus calls for Congress to work on shutdown through break Democrat previews Mueller questions for Trump’s AG nominee Trump inaugural committee spent ,000 on makeup for aides: report MORE’s pick to be the next attorney general, takes the hot seat Tuesday for two consecutive days of grilling by members of the Senate Judiciary Committee.

It will be somewhat familiar territory for Barr, a corporate lawyer who served as the nation’s 77th attorney general during the George H.W. Bush administration.

Barr has been nominated to succeed Jeff SessionsJefferson (Jeff) Beauregard SessionsThe Supreme Court shouldn’t do the president’s dirty work to end DACA Rosenstein, DOJ exploring ways to more easily spy on journalists Trump AG nominee to say Congress, public should know results of Mueller probe MORE following his Nov. 7 resignation, at Trump’s request, that culminated a months-long feud with the president over his decision to recuse himself from oversight of the Russia investigation.

Given Trump’s reputation for demanding loyalty from his Cabinet members, Barr’s commitment to the president is sure to be highly scrutinized.

Here are five things to watch for during the hearings.

Barr’s stance on the Mueller probe

Special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE’s investigation into possible collusion between Moscow and the Trump campaign will be front and center as senators try to nail down where Barr stands on the probe and his views regarding the investigation.

The nominee, who has been trying to defuse tensions in private meetings with senators, is expected to tell the committee that it’s in the “best interest of everyone” to let the probe finish and that he will make as much of Mueller’s report public “as I can consistent with the law,” according to his prepared testimony.

Democrats will try to poke holes in his stance by bringing up his past criticisms, and have publicly said he should recuse himself from oversight of the probe. The Wall Street Journal reported last month that Barr wrote in an unsolicited memo in June that the probe is based on a “fatally misconceived” theory and would do “lasting damage” to the presidency.

Barr explained in his prepared remarks that the memo was narrow in scope and based on a specific obstruction of justice theory under a single statute he thought the special counsel might have been considering.

Barr will also face questions about legislation that would protect Mueller from being fired without “good cause.” In a potential point of tension, Barr indicated to Sen. Christopher CoonsChristopher (Chris) Andrew CoonsSenators restart shutdown talks — and quickly hit roadblocks Sunday shows preview: Washington heads into multi-day shutdown Overnight Energy: Senators introduce bipartisan carbon tax bill | House climate panel unlikely to have subpoena power | Trump officials share plan to prevent lead poisoning MORE (D-Del.), one of the bill’s sponsors, during their one-on-one meeting that he didn’t support a “judicial remedy” for Mueller if he is fired.

Trump’s influence on the nominee

The biggest shadow looming over the hearing, second to Mueller, is Trump himself.

Barr will use part of his opening statement to harken back to his 1991 confirmation hearing, when he warned against “political interference” in the Department of Justice.

But Democrats want to hear specifics on whether he thinks Trump is above the law, if the president demanded loyalty from him and what his views are when it comes to presidential pardons.

Trump has not ruled out a pardon for his former campaign chairman, Paul ManafortPaul John ManafortPress: What dirt does Putin have on Trump? The Hill’s 12:30 Report — Trump says he ‘never worked for Russia’ | Shutdown enters fourth week | AG pick says public should know Mueller probe findings Dershowitz: Should Mueller report comment on noncriminal conduct? MORE, who was convicted of bank and tax fraud last year.

Barr argued in a 2017 Washington Post opinion piece that Trump made the right decision in firing then-FBI Director James ComeyJames Brien ComeyPress: What dirt does Putin have on Trump? Dems zero in on Trump and Russia Comey calls on GOP to stop ‘witness intimidation’ MORE, a move viewed by some as an attempt to obstruct the agency’s investigation into whether Russia interfered in the 2016 presidential
election.

“The notion that the integrity of this investigation depends on Comey’s presence just does not hold water,” Barr wrote.

Any lingering Kavanaugh tensions

The confirmation hearings will mark the committee’s first high-stakes public vetting since last year’s fight over Supreme Court Justice Brett KavanaughBrett Michael KavanaughOn The Money: Shutdown hits Day 24 | Trump touts need for wall in speech to farmers | Poll numbers sag | House Dems push stopgap bills | How the shutdown could harm the economy | TSA absences raise stakes for deal Barr memo suggests: To understand the Trump administration, read Hobbes White House press aide Raj Shah joining lobbying firm MORE’s nomination.

The Kavanaugh hearings were contentious from the very beginning because he was succeeding Justice Anthony Kennedy, the court’s perennial swing voter. But the battle turned into a war when Kavanaugh was hit with sexual misconduct allegations, leading to a second round of hearings that exposed deep divisions within the panel.

In a call with reporters Monday, Coons said there is still tension among committee members.

He referred to Kavanaugh’s confirmation hearing as “one of the most divisive and charged” he’s participated in and said he hopes “everyone will conduct themselves in appropriate, professional ways.”

2020 Dems

Democrats eyeing the White House in 2020 are searching for ways to distinguish themselves as the party braces for a crowded presidential primary field. Barr’s confirmation hearing will give those hopefuls one of their first high-profile chances to battle for media attention as 2020 jockeying kicks into high gear.

Democratic Sens. Cory BookerCory Anthony BookerOvernight Health Care: House Dems launch major drug pricing investigation | Judge blocks Trump contraception rule rollback | Booker tries to shake doubts about pharmaceutical ties ahead of 2020 | FDA to resume high-risk food inspections Gillibrand to kickstart 2020 White House bid before weekend Iowa trip The Hill’s Morning Report — Washington searches for answers as shutdown hits 24 days MORE (N.J.), Kamala HarrisKamala Devi HarrisJulián Castro: Trump has ‘contributed to more racial strife’ in the US Hillicon Valley: Dem blasts groups behind Senate campaign disinformation effort | FCC chief declines to give briefing on location-data sales | Ocasio-Cortez tops lawmakers on social media | Trump officials to ease drone rules Gillibrand to visit ‘The Late Show’ amid reported 2020 plans MORE (Calif.) and Amy KlobucharAmy Jean KlobucharGillibrand to kickstart 2020 White House bid before weekend Iowa trip Hillicon Valley: House chair seeks emergency briefing on wireless industry’s data sharing | AG nominee to recuse himself from AT&T-Time Warner merger | Dem questions Treasury, IRS on shutdown cyber risks Attorney General nominee to recuse himself from AT&T-Time Warner merger talks MORE (Minn.) — all members of the committee and viewed as potential White House candidates — managed to capture part of the spotlight during Kavanaugh’s hearing last year.

Booker rankled his Republican colleagues by leaking information marked “committee confidential” and comparing himself to Spartacus. Klobuchar’s interaction with Kavanaugh went viral when, in response to a question about whether he had ever blacked out while drinking, he responded by saying: “I don’t know, have you?”

Klobuchar on Monday said she was planning to press Barr on a range of topics during the hearing.

“I will be questioning him tomorrow about his views on executive power and the proper role of the Attorney General,” Klobuchar said in a tweet.

Sen. Lindsey GrahamLindsey Olin GrahamDemocrat previews Mueller questions for Trump’s AG nominee Senators restart shutdown talks — and quickly hit roadblocks Trump’s polls sag amid wall fight MORE (R-S.C.)

Tuesday’s hearing will be the first time Graham has helmed a Judiciary Committee meeting since he became chairman last week.

The South Carolina Republican, who is up for reelection in 2020, has seesawed between moderating deal-maker and firebrand ally during the Trump administration — raising questions about which persona he’ll don during Barr’s hearing.

Some have questioned Graham’s temperament to run the committee after he lashed out at Democrats during the Kavanaugh hearings.

“If you wanted a FBI investigation into Brett Kavanaugh, you could have come to us,” Graham said at the hearings as he pointed across the dais at Democrats, his face reddening. “What you want to do is destroy this guy’s life, hold this seat open and hope you win in 2020. You’ve said that. Not me.”

Coons told reporters Monday that a Democratic request for a third day of hearings for Barr had been denied, suggesting a change from how Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyMcConnell rebukes Steve King over white nationalist comments Congressional Black Caucus calls for Steve King to be removed from committees Grassley, Ernst condemn Steve King’s ‘white supremacist’ comments MORE (R-Iowa) ran the committee before Graham took the gavel.

Coons said Grassley was always patient about allowing members to ask whatever questions they had and that it often helped ease tensions on the committee.

“I would certainly recommend to Chairman Graham that he be gracious and understanding,” Coons said, “that there are quite a few questions that members generally want answered.”