Senate panel approves Barr nomination

Senate panel approves Barr nomination
© Stefani Reynolds

The Senate Judiciary Committee approved William Barr’s attorney general nomination on Thursday, voting along party lines to send Barr’s nomination to the full Senate.

The 12-10 vote sets up a floor fight over Barr's confirmation for later this month. Republicans hold a 53-47 majority and Democrats cannot block the nomination on their own, so there is little doubt right now about Barr's confirmation.

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Barr, who previously served as attorney general during the George H.W. Bush administration, was expected to easily clear the Judiciary Committee, where Republicans have a majority. 

If confirmed, Barr would be the first Senate-confirmed attorney general since Jeff SessionsJefferson (Jeff) Beauregard SessionsHow would a Biden Justice Department be different? Kamala Harris: The right choice at the right time Three pros and three cons to Biden picking Harris MORE left in November. Acting Attorney General Matthew Whitaker has come under criticism for not recusing himself from the Mueller probe. 

"I think we need a new attorney general. I appreciate what Mr. Whitaker has done, but I think the time has come for new leadership in the department," Sen. Lindsey GrahamLindsey Olin GrahamGraham says FBI chief 'committed to being helpful' after Trump criticism Democrat flips GOP-held state House seat in South Carolina Ron Johnson signals some GOP senators concerned about his Obama-era probes MORE (R-S.C.) said ahead of the committee vote. 

No Democrats voted for Barr during Thursday’s vote. Sen. Doug Jones (D-Ala.) said Thursday that he will support Barr on the Senate floor.

“I have concluded that Mr. Barr is qualified for the position of Attorney General and his record strongly suggests he will exercise independent judgment and uphold the best interests of the Department of Justice,” Jones said in a statement.

Other potential swing votes, including Sen. Joe ManchinJoseph (Joe) ManchinHillicon Valley: Facebook removes Trump post | TikTok gets competitor | Lawmakers raise grid safety concerns OVERNIGHT ENERGY: Court cancels shutdown of Dakota Access Pipeline | US could avoid 4.5M early deaths by fighting climate change, study finds | Officials warn of increasing cyber threats to critical infrastructure during pandemic Officials warn of increasing cyber threats to critical infrastructure during pandemic MORE (D-W.Va.), have yet to say if they will support Barr.

Democrats say they remain concerned about an unsolicited memo Barr sent last year that was critical of special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE's probe. They also say Barr is hedging about if he’ll make Mueller’s findings public. 

Sen. Christopher CoonsChristopher (Chris) Andrew CoonsCongress should remove roadblocks to generosity for nonprofits Obamas, Clintons to headline Biden's nominating convention Wary GOP eyes Meadows shift from brick-thrower to dealmaker MORE (D-Del.) announced shortly before Thursday's vote that he would not support Barr, saying he remained "troubled" about the Mueller memo, as well as Barr's views on executive power. 

"I believe that my responsibility to assess Mr. Barr’s candidacy requires me to consider Mr. Barr’s entire record, including his more recent writings and statements, and to focus on Mr. Barr’s ability to meet the tests of our current time," Coons said. 

Barr told senators during his confirmation hearing last month that he would let Mueller finish his investigation, that Trump would not be allowed to “correct” his final report and that he would make Mueller’s findings public in accordance with the law.

Currently under Justice Department guidelines, a special counsel sends a confidential report to the attorney general “explaining the prosecution or declination decisions reached” during an investigation.

Sen. Dianne FeinsteinDianne Emiel FeinsteinSenators ask for removal of tariffs on EU food, wine, spirits: report Senate Democrats demand answers on migrant child trafficking during pandemic Yates spars with GOP at testy hearing MORE (Calif.), the top Democrat on the panel, said Thursday that it was "particularly concerning" that Barr would not commit to sharing Mueller's report and findings with Congress. 

Feinstein also pointed to the Mueller memo, saying that under Barr's theory "the president is above the law in most respects." 

"Taken to its natural conclusion none of our laws would apply to the president unless the president is explicitly named," Feinstein said. "The only conclusion is that the president is above the law. That's stunning." 

The Senate could turn to Barr's nomination as soon as next week. 

Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOn The Money: Senate leaves until September without coronavirus relief agreement | Weekly jobless claims fall below 1 million for first time since March | Trump says no Post Office funding means Democrats 'can't have universal mail-in voting' Overnight Health Care: Senate leaves until September without coronavirus relief deal | US records deadliest day of summer | Georgia governor drops lawsuit over Atlanta's mask mandate Senate leaves until September without coronavirus relief deal MORE (R-Ky.) told reporters during a weekly press conference that it would be next on the Senate's agenda after a public lands bill that is currently on the floor.