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Trump's AG nominee defends memo criticizing Mueller probe

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Trump's AG nominee defends memo criticizing Mueller probe
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Trump's AG nominee defends memo criticizing Mueller probe

2019-01-16 00:05 Last Updated At:00:10

President Donald Trump's nominee for attorney general on Tuesday defended his decision to send an unsolicited memo to the Justice Department criticizing an aspect of the special counsel's Russia investigation, saying he was simply trying to warn senior Justice Department officials against "stretching a statute" to conclude that the president had obstructed justice.

William Barr's comments came at his Senate confirmation hearing, where he sought to provide assurance he would not undermine Robert Mueller's investigation. He said he doesn't believe Mueller, a friend of 30 years who once worked for him at the Justice Department, would be involved in a "witch hunt" — as Trump has labeled it.

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Attorney General nominee William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoCarolyn Kaster)

President Donald Trump's nominee for attorney general on Tuesday defended his decision to send an unsolicited memo to the Justice Department criticizing an aspect of the special counsel's Russia investigation, saying he was simply trying to warn senior Justice Department officials against "stretching a statute" to conclude that the president had obstructed justice.

Attorney General nominee William Barr testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Jan. 15, 2019.  (AP PhotoCarolyn Kaster)

Barr told the Senate Judiciary Committee he raised his concerns about Mueller's investigation into whether the president had tried to stymie the Russia probe at a lunch last year with Deputy Attorney General Rod Rosenstein, who appointed Mueller and oversees his work. Rosenstein did not respond and was "sphinx-like," Barr recalled.

Attorney General nominee William Barr, right, testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoAndrew Harnik)

In releasing written testimony before the hearing, the Justice Department moved to pre-empt the most significant questions Barr is likely to face from Democrats on the panel — among them, whether he can oversee without bias or interference the final stages of Mueller's probe into potential ties between Russia and the 2016 Trump campaign, and whether he will permit the findings to be made public.

Attorney General nominee William Barr speaks before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush.  (AP PhotoCarolyn Kaster)

"For that reason, my goal will be to provide as much transparency as I can consistent with the law," Barr said. "I can assure you that, where judgments are to be made by me, I will make those judgments based solely on the law and will let no personal, political, or other improper interests influence my decisions."

Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., accompanied by Ranking Member Sen. Dianne Feinstein, D-Calif., right, questions Attorney General nominee William Barr during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoAndrew Harnik)

Barr also previously said the president's firing of Comey was appropriate and the Mueller prosecution team, criticized by Trump for including prosecutors who have contributed to Democrats, should have had more "balance."

And he said he believed former Attorney General Jeff Sessions was right to recuse himself from matters involving the special counsel probe — a decision Trump railed against during Sessions' time in the office.

Attorney General nominee William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoCarolyn Kaster)

Attorney General nominee William Barr testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoCarolyn Kaster)

Barr told the Senate Judiciary Committee he raised his concerns about Mueller's investigation into whether the president had tried to stymie the Russia probe at a lunch last year with Deputy Attorney General Rod Rosenstein, who appointed Mueller and oversees his work. Rosenstein did not respond and was "sphinx-like," Barr recalled.

He said he followed up with a memo to Rosenstein in June that argued that Mueller should not be able to interview the president about his decision to fire James Comey as FBI director. He said there were other instances in which he had given advice to the Justice Department, such as cautioning against a prosecution of Democratic Sen. Robert Menendez.

Barr also told senators that "it is vitally important" that Mueller be allowed to complete his investigation, and said he believes Congress and the public should learn the results. He also insisted that Trump never sought any promises, assurances or commitments before selecting him to be the country's chief law enforcement officer.

Attorney General nominee William Barr testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Jan. 15, 2019.  (AP PhotoCarolyn Kaster)

Attorney General nominee William Barr testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. (AP PhotoCarolyn Kaster)

In releasing written testimony before the hearing, the Justice Department moved to pre-empt the most significant questions Barr is likely to face from Democrats on the panel — among them, whether he can oversee without bias or interference the final stages of Mueller's probe into potential ties between Russia and the 2016 Trump campaign, and whether he will permit the findings to be made public.

"I believe it is in the best interest of everyone — the president, Congress, and, most importantly, the American people — that this matter be resolved by allowing the special counsel to complete his work," Barr said.

The special counsel is required to report his findings confidentially to the Justice Department. Barr stopped short of directly pledging to release Mueller's report, but he expressed general support for disclosing the findings, whatever they may be.

Attorney General nominee William Barr, right, testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoAndrew Harnik)

Attorney General nominee William Barr, right, testifies during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoAndrew Harnik)

"For that reason, my goal will be to provide as much transparency as I can consistent with the law," Barr said. "I can assure you that, where judgments are to be made by me, I will make those judgments based solely on the law and will let no personal, political, or other improper interests influence my decisions."

The remarks are intended to reassure Democratic senators troubled by Barr's past comments on the special counsel's probe, including the unsolicited memo.

Barr also sent the memo to White House lawyers and discussed it with Trump's personal attorneys and a lawyer who represents Trump's son-in-law, Jared Kushner, he said in a letter to the Senate Judiciary Committee chairman, Lindsey Graham. Copies also were sent by Barr to White House lawyer Emmet Flood, Solicitor General Noel Francisco and Pat Cipollone, who is now White House counsel. Barr said he discussed the contents of the memo with Trump's attorneys, Jay Sekulow and Jane and Martin Raskin.

Attorney General nominee William Barr speaks before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush.  (AP PhotoCarolyn Kaster)

Attorney General nominee William Barr speaks before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoCarolyn Kaster)

Barr also previously said the president's firing of Comey was appropriate and the Mueller prosecution team, criticized by Trump for including prosecutors who have contributed to Democrats, should have had more "balance."

Those stances raised alarms that Barr could stifle the investigation as it reaches its final stages or make decisions that protect the president. Among the questions that he might confront if, as expected, he is confirmed would be whether to approve a subpoena for Trump if he refuses to answer additional questions, and whether to disclose to Congress whatever report or conclusions Mueller turns in.

Barr's supervisory role in the Russia probe may be especially important because Rosenstein, who appointed Mueller and has overseen his day-to-day work, expects to leave the Justice Department soon after Barr is confirmed. It is not clear how much of the investigation will be left by then.

Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., accompanied by Ranking Member Sen. Dianne Feinstein, D-Calif., right, questions Attorney General nominee William Barr during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoAndrew Harnik)

Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., accompanied by Ranking Member Sen. Dianne Feinstein, D-Calif., right, questions Attorney General nominee William Barr during a Senate Judiciary Committee hearing on Capitol Hill in Washington, Tuesday, Jan. 15, 2019. Barr will face questions from the Senate Judiciary Committee on Tuesday about his relationship with Trump, his views on executive powers and whether he can fairly oversee the special counsel's Russia investigation. Barr served as attorney general under George H.W. Bush. (AP PhotoAndrew Harnik)

Barr would replace acting Attorney General Matthew Whitaker, who declined to recuse himself from the investigation.

Barr's June memo to top Justice Department officials criticized as "fatally misconceived" the theory of obstruction that Mueller appeared to be pursuing. He said presidents cannot be criminally investigated for actions they are permitted to take under the Constitution, such as firing officials who work for them, just because of a subjective determination that they may have had a corrupt state of mind.

Justice Department spokeswoman Kerri Kupec has said Barr wrote the memo on his own initiative and relying only on publicly available information. She said senior ethics officials were consulted about the memo and have advised that it presents no conflict of interest to Barr's work as attorney general.

Barr said the memo was narrowly focused on a single theory of obstruction that media reports suggested Mueller might be considering. Barr said he wrote it himself "as a former attorney general who has often weighed in on legal issues of public importance."

"The memo did not address — or in any way question — the special counsel's core investigation into Russian interference in the 2016 election," Barr said.

Associated Press writer Michael Balsamo in Washington contributed to this report.

Read Barr's prepared testimony: http://apne.ws/x87UoUn

KYIV, Ukraine (AP) — A Ukrainian court on Friday ordered the detention of the country’s farm minister in the latest high-profile corruption investigation, while Kyiv security officials assessed how they can recover lost battlefield momentum in the war against Russia.

Ukraine’s High Anti-Corruption Court ruled that Agriculture Minister Oleksandr Solskyi should be held in custody for 60 days, but he was released after paying bail of 75 million hryvnias ($1.77 million), a statement said.

Ukraine’s National Anti-Corruption Bureau suspects Solskyi headed an organized crime group that between 2017 and 2021 unlawfully obtained land worth 291 million hryvnias ($6.85 million) and attempted to obtain other land worth 190 million hryvnias ($4.47 million).

Ukraine is trying to root out corruption that has long dogged the country. A dragnet over the past two years has seen Ukraine’s defense minister, top prosecutor, intelligence chief and other senior officials lose their jobs.

That has caused embarrassment and unease as Ukraine receives tens of billions of dollars in foreign aid to help fight Russia’s army, and the European Union and NATO have demanded widespread anti-graft measures before Kyiv can realize its ambition of joining the blocs.

In Ukraine's capital, doctors and ambulance crews evacuated patients from a children’s hospital on Friday after a video circulated online saying Russia planned to attack it.

Parents hefting bags of clothes, toys and food carried toddlers and led young children from the Kyiv City Children’s Hospital No. 1 on the outskirts of the city. Medics helped them into a fleet of waiting ambulances to be transported to other facilities.

In the video, a security official from Russian ally Belarus alleged that military personnel were based in the hospital. Kyiv city authorities said that the claim was “a lie and provocation.”

Kyiv Mayor Vitali Klitschko said that civic authorities were awaiting an assessment from security services before deciding when it was safe to reopen the hospital.

“We cannot risk the lives of our children,” he said.

Meanwhile, Ukrainian President Volodymyr Zelenskyy was due to hold online talks Friday with the Ukraine Defense Contact Group, which has been the key international organization coordinating the delivery of weapons and other aid to Ukraine.

Zelenskyy said late Thursday that the meeting would discuss how to turn around Ukraine’s fortunes on the battlefield. The Kremlin’s forces have gained an edge over Kyiv’s army in recent months as Ukraine grappled with a shortage of ammunition and troops.

Russia, despite sustaining high losses, has been taking control of small settlements as part of its effort to drive deeper into eastern Ukraine after capturing the city of Avdiivka in February, the U.K. defense ministry said Friday.

It’s been slow going for the Kremlin’s troops in eastern Ukraine and is likely to stay that way, according to the Institute for the Study of War. However, the key hilltop town of Chasiv Yar is vulnerable to the Russian onslaught, which is using glide bombs — powerful Soviet-era weapons that were originally unguided but have been retrofitted with a navigational targeting system — that obliterate targets.

“Russian forces do pose a credible threat of seizing Chasiv Yar, although they may not be able to do so rapidly,” the Washington-based think tank said late Thursday.

It added that Russian commanders are likely seeking to advance as much as possible before the arrival in the coming weeks and months of new U.S. military aid, which was held up for six months by political differences in Congress.

While that U.S. help wasn’t forthcoming, Ukraine’s European partners didn’t pick up the slack, according to German’s Kiel Institute for the World Economy, which tracks Ukraine support.

“The European aid in recent months is nowhere near enough to fill the gap left by the lack of U.S. assistance, particularly in the area of ammunition and artillery shells,” it said in a report Thursday.

Ukraine is making a broad effort to take back the initiative in the war after more than two years of fighting. It plans to manufacture more of its own weapons in the future, and is clamping down on young people avoiding conscription, though it will take time to process and train any new recruits.

Jill Lawless contributed to this report.

Follow AP’s coverage of the war in Ukraine at https://apnews.com/hub/russia-ukraine

Ukrainian young acting student Gleb Batonskiy plays piano in a public park in Kyiv, Ukraine, Thursday, April 25, 2024. (AP Photo/Francisco Seco)

Ukrainian young acting student Gleb Batonskiy plays piano in a public park in Kyiv, Ukraine, Thursday, April 25, 2024. (AP Photo/Francisco Seco)

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