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AND CALL YOU A LIAR. I FIND THAT BEHAVIOR ON THIS
I FIND THAT BEHAVIOR ON THIS COMMITTEE DESPICABLE.
COMMITTEE DESPICABLE. THANK YOU.
THANK YOU. >> SENATOR HARRIS?
>> SENATOR HARRIS? >> THANK YOU, MR. CHAIRMAN.
>> THANK YOU, MR. CHAIRMAN. ATTORNEY GENERAL BARR HAS THE
ATTORNEY GENERAL BARR HAS THE PRESIDENT OR ANYONE AT THE WHITE
PRESIDENT OR ANYONE AT THE WHITE HOUSE SUGGESTED THAT YOU OPEN AN
HOUSE SUGGESTED THAT YOU OPEN AN INVESTIGATION OF ANYONE?
INVESTIGATION OF ANYONE? >> I WOULDN’T, UH --
>> I WOULDN’T, UH -- >> YES OR NO?
>> YES OR NO? >> COULD YOU REPEAT THAT
>> COULD YOU REPEAT THAT QUESTION?
QUESTION? >> I WILL REPEAT.
>> I WILL REPEAT. HAS THE PRESIDENT OR ANYONE AT
HAS THE PRESIDENT OR ANYONE AT THE WHITE HOUSE EVER ASKED OR
THE WHITE HOUSE EVER ASKED OR SUGGESTED THAT YOU OPEN AN
SUGGESTED THAT YOU OPEN AN INVESTIGATION OF ANYONE?
INVESTIGATION OF ANYONE? YES OR NO, PLEASE, SIR.
YES OR NO, PLEASE, SIR. >> THE PRESIDENT OR ANYBODY
>> THE PRESIDENT OR ANYBODY ELSE?
ELSE? >> SEEMS YOU WOULD REMEMBER
>> SEEMS YOU WOULD REMEMBER SOMETHING LIKE THAT AND BE ABLE
SOMETHING LIKE THAT AND BE ABLE TO TELL US.
TO TELL US. >> YEAH, BUT I’M TRYING TO
>> YEAH, BUT I’M TRYING TO GRAPPLE WITH THE WORD "SUGGEST."
GRAPPLE WITH THE WORD "SUGGEST." I MEAN, THERE HAVE BEEN
I MEAN, THERE HAVE BEEN DISCUSSIONS OF MATTERS OUT THERE
DISCUSSIONS OF MATTERS OUT THERE THAT THEY’VE NOT ASKED ME TO
THAT THEY’VE NOT ASKED ME TO OPEN AN INVESTIGATION.
OPEN AN INVESTIGATION. >> PERHAPS THEY’VE SUGGESTED?
>> PERHAPS THEY’VE SUGGESTED? >> I DON’T KNOW.
>> I DON’T KNOW. I WOULDN’T SAY SUGGESTED.
I WOULDN’T SAY SUGGESTED. >> HINTED.
>> HINTED. >> I DON’T KNOW.
>> I DON’T KNOW. >> INFERRED?
>> INFERRED? YOU DON’T KNOW?
YOU DON’T KNOW? OKAY.
OKAY. IN YOUR MARCH 24th SUMMARY, YOU
IN YOUR MARCH 24th SUMMARY, YOU WROTE THAT, QUOTE, AFTER
WROTE THAT, QUOTE, AFTER REVIEWING THE SPECIAL COUNSEL’S
REVIEWING THE SPECIAL COUNSEL’S FINAL REPORT --
FINAL REPORT -- >> I DON’T KNOW IF --
>> I DON’T KNOW IF -- >> I’M ASKING A QUESTION.
>> I’M ASKING A QUESTION. IN YOUR MARCH 24th SUMMARY YOU
IN YOUR MARCH 24th SUMMARY YOU WROTE, QUOTE, AFTER REVIEWING
WROTE, QUOTE, AFTER REVIEWING THE SPECIAL COUNSEL’S FINAL
THE SPECIAL COUNSEL’S FINAL REPORT, DEPUTY ROSENSTEIN AND I
REPORT, DEPUTY ROSENSTEIN AND I HAVE CONCLUDED THAT THE EVIDENCE
HAVE CONCLUDED THAT THE EVIDENCE IS NOT SUFFICIENT TO ESTABLISH
IS NOT SUFFICIENT TO ESTABLISH THAT THE PRESIDENT COMMITTED AN
THAT THE PRESIDENT COMMITTED AN OBSTRUCTION OF JUSTICE OFFENSE.
OBSTRUCTION OF JUSTICE OFFENSE. NOW THE SPECIAL COUNSEL’S
NOW THE SPECIAL COUNSEL’S INVESTIGATION PRODUCE AID GREAT
INVESTIGATION PRODUCE AID GREAT DEAL OF EVIDENCE.
DEAL OF EVIDENCE. I’M LED TO BELIEVE IT INCLUDED
I’M LED TO BELIEVE IT INCLUDED WITNESSES’ NOTES AND EMAILS,
WITNESSES’ NOTES AND EMAILS, WITNESSES’ TESTIMONY, INTERVIEWS
WITNESSES’ TESTIMONY, INTERVIEWS WHICH WERE SUMMARIZED IN THE FBI
WHICH WERE SUMMARIZED IN THE FBI 302 FORMS, FORMER FBI DIRECTOR
302 FORMS, FORMER FBI DIRECTOR COMEY’S MEMOS AND THE
COMEY’S MEMOS AND THE PRESIDENT’S PUBLIC STATEMENTS.
PRESIDENT’S PUBLIC STATEMENTS. MY QUESTION IS IN REACHING YOUR
MY QUESTION IS IN REACHING YOUR CONCLUSION, DID YOU PERSONALLY
CONCLUSION, DID YOU PERSONALLY REVIEW ALL OF THE UNDERLYING
REVIEW ALL OF THE UNDERLYING EVIDENCE?
EVIDENCE? >> NO.
>> NO. WE TOOK AN --
WE TOOK AN -- >> DID MR. ROSENSTEIN?
>> DID MR. ROSENSTEIN? >> NO.
>> NO. WE ACCEPTED THE STATEMENTS IN
WE ACCEPTED THE STATEMENTS IN THE REPORT AS FACTUAL RECORD.
THE REPORT AS FACTUAL RECORD. WE DID NOT GO UNDERNEATH IT TO
WE DID NOT GO UNDERNEATH IT TO SEE WHETHER OR NOT THEY WERE
SEE WHETHER OR NOT THEY WERE ACCURATE.
ACCURATE. WE ACCEPTED IT AS ACCURATE.
WE ACCEPTED IT AS ACCURATE. AND MADE OUR --
AND MADE OUR -- >> SO YOU ACCEPTED THE REPORT AS
>> SO YOU ACCEPTED THE REPORT AS THE EVIDENCE?
THE EVIDENCE? >> YES.
>> YES. >> YOU DID NOT QUESTION OR LOOK
>> YOU DID NOT QUESTION OR LOOK AT THE UNDERLYING EVIDENCE THAT
AT THE UNDERLYING EVIDENCE THAT SUPPORTS THE CONCLUSIONS IN THE
SUPPORTS THE CONCLUSIONS IN THE REPORT?
REPORT? >> NO.
>> NO. >> DID MR. ROSENSTEIN REVIEW THE
>> DID MR. ROSENSTEIN REVIEW THE EVIDENCE THAT UNDERLINES AND
EVIDENCE THAT UNDERLINES AND SUPPORTS THE CONCLUSIONS IN THE
SUPPORTS THE CONCLUSIONS IN THE REPORT?
REPORT? TO YOUR KNOWLEDGE?
TO YOUR KNOWLEDGE? >> NOT TO MY KNOWLEDGE.
>> NOT TO MY KNOWLEDGE. WE ACCEPTED THE STATEMENTS IN
WE ACCEPTED THE STATEMENTS IN THE REPORT AND THE CHARACTERer
THE REPORT AND THE CHARACTERer CHARACTERIZATION OF THE EVIDENCE
CHARACTERIZATION OF THE EVIDENCE AS TRUE.
AS TRUE. >> DID ANYONE IN YOUR EXECUTIVE
>> DID ANYONE IN YOUR EXECUTIVE OFFICE REVIEW THE EVIDENCE
OFFICE REVIEW THE EVIDENCE SUPPORTING THE REPORT?
SUPPORTING THE REPORT? >> NO.
>> NO. >> NO?
>> NO? YET YOU REPRESENTED TO THE
YET YOU REPRESENTED TO THE AMERICAN PUBLIC THAT THE
AMERICAN PUBLIC THAT THE EVIDENCE WAS NOT, QUOTE,
EVIDENCE WAS NOT, QUOTE, SUFFICIENT TO SUPPORT AN
SUFFICIENT TO SUPPORT AN OBSTRUCTION OF JUSTICE OR FACTS.
OBSTRUCTION OF JUSTICE OR FACTS. >> THE EVIDENCE PRESENTED IN THE
>> THE EVIDENCE PRESENTED IN THE REPORT.
REPORT. THIS IS NOT MISTHERIOUS PROCESS.
THIS IS NOT MISTHERIOUS PROCESS. WE HAVE DECLARATION MEMOS EVERY
WE HAVE DECLARATION MEMOS EVERY DAY COMING UP AND WE DON’T GO
DAY COMING UP AND WE DON’T GO AND LOOK AT UNDERLYING EVIDENCE.
AND LOOK AT UNDERLYING EVIDENCE. WE TAKE THE CHARACTERIZATION OF
WE TAKE THE CHARACTERIZATION OF THE EVIDENCE AS TRUE.
THE EVIDENCE AS TRUE. >> AS THE ATTORNEY GENERAL OF
>> AS THE ATTORNEY GENERAL OF THE UNITED STATES, YOU RUN THE
THE UNITED STATES, YOU RUN THE UNITED STATES DEPARTMENT OF
UNITED STATES DEPARTMENT OF JUSTICE.
JUSTICE. IF IN ANY U.S. ATTORNEYS’ OFFICE
IF IN ANY U.S. ATTORNEYS’ OFFICE AROUND THE COUNTRY, THE HEAD
AROUND THE COUNTRY, THE HEAD THAT HAVE OFFICE, WHEN BEING
THAT HAVE OFFICE, WHEN BEING ASKED TO MAKE A CRITICAL
ASKED TO MAKE A CRITICAL DECISION ABOUT, IN THIS CASE,
DECISION ABOUT, IN THIS CASE, THE PERSON WHO HOLDS THE HIGHEST
THE PERSON WHO HOLDS THE HIGHEST OFFICE IN THE LAND AND WHETHER
OFFICE IN THE LAND AND WHETHER OR NOT THAT PERSON COMMITTED A
OR NOT THAT PERSON COMMITTED A CRIME, WOULD YOU ACCEPT THEM
CRIME, WOULD YOU ACCEPT THEM RECOMMENDING A CHARGING DECISION
RECOMMENDING A CHARGING DECISION TO YOU IF THEY HAD NOT REVIEWED
TO YOU IF THEY HAD NOT REVIEWED THE EVIDENCE?
THE EVIDENCE? >> THAT’S A QUESTION FOR BOB
>> THAT’S A QUESTION FOR BOB MUELLER.
MUELLER. HE IS THE U.S. ATTORNEY.
HE IS THE U.S. ATTORNEY. HE IS THE ONE WHO PRESENTS THE
HE IS THE ONE WHO PRESENTS THE REPORT.
REPORT. >> BUT IT WAS YOU WHO MADE THE
>> BUT IT WAS YOU WHO MADE THE CHARGING DECISION, SIR.
CHARGING DECISION, SIR. YOU MADE THE DECISION NOT TO
YOU MADE THE DECISION NOT TO CHARGE THE PRESIDENT.
CHARGE THE PRESIDENT. >> IN A CROSS MEMO AND
>> IN A CROSS MEMO AND DECLARATION MEMO.
DECLARATION MEMO. >> YOU SAID IT WAS YOUR BABY.
>> YOU SAID IT WAS YOUR BABY. WHAT DID YOU MEAN BY THAT?
WHAT DID YOU MEAN BY THAT? >> IT WAS MY BABY TO LET -- TO
>> IT WAS MY BABY TO LET -- TO DECIDE WHETHER TO DISCLOSE IT TO
DECIDE WHETHER TO DISCLOSE IT TO THE PUBLIC.
THE PUBLIC. >> WHO HAD THE POWER TO MAKE THE
>> WHO HAD THE POWER TO MAKE THE DECISION ABOUT WHETHER OR NOT
DECISION ABOUT WHETHER OR NOT THE EVIDENCE WAS SUFFICIENT TO
THE EVIDENCE WAS SUFFICIENT TO MAKE A DETERMINATION OF WHETHER
MAKE A DETERMINATION OF WHETHER THERE HAD BEEN AN OBSTRUCTION OF
THERE HAD BEEN AN OBSTRUCTION OF JUSTICE?
JUSTICE? >> PROSECUTION MEMOS GO UP TO
>> PROSECUTION MEMOS GO UP TO THE SUPERVISOR.
THE SUPERVISOR. IN THIS CASE, IT WAS THE
IN THIS CASE, IT WAS THE ATTORNEY GENERAL AND THE DEPUTY
ATTORNEY GENERAL AND THE DEPUTY ATTORNEY GENERAL WHO DECIDE ON
ATTORNEY GENERAL WHO DECIDE ON THE FINAL DECISION.
THE FINAL DECISION. AND THAT IS BASED ON THE MEMO AS
AND THAT IS BASED ON THE MEMO AS PRESENTED BY THE U.S. ATTORNEY’S
PRESENTED BY THE U.S. ATTORNEY’S OFFICE.
OFFICE. OFFICE.
OFFICE. >> YOU HAVE MADE IT CLEAR YOU
>> YOU HAVE MADE IT CLEAR YOU DIDN’T LOOK AT THE EVIDENCE AND
DIDN’T LOOK AT THE EVIDENCE AND WE CAN MOVE ON.
WE CAN MOVE ON. WILL YOU CONSULT DOJ OFFICIALS
WILL YOU CONSULT DOJ OFFICIALS ABOUT WHETHER THE RECUSAL IS
ABOUT WHETHER THE RECUSAL IS NECESSARY?
NECESSARY? >> I DON’T SEE ANY BASIS ON IT.
>> I DON’T SEE ANY BASIS ON IT. >> YOU HAVE CONSULTED WITH THEM
>> YOU HAVE CONSULTED WITH THEM ABOUT THE 14 OTHER
ABOUT THE 14 OTHER INVESTIGATIONS?
INVESTIGATIONS? >> ABOUT THE MUELLER CASE.
>> ABOUT THE MUELLER CASE. >> HAVE YOU CONSULTED WITH THE
>> HAVE YOU CONSULTED WITH THE CAREER DOJ ETHICS OFFICIALS
CAREER DOJ ETHICS OFFICIALS ABOUT THE APPROPRIATENESS OF YOU
ABOUT THE APPROPRIATENESS OF YOU BEING INVOLVED OR RECUSING
BEING INVOLVED OR RECUSING YOURSELF FROM THE 14 OTHER
YOURSELF FROM THE 14 OTHER INVESTIGATIONS THAT HAVE BEEN
INVESTIGATIONS THAT HAVE BEEN REFERRED OUT?
REFERRED OUT? >> ON WHAT BASIS?
>> ON WHAT BASIS? >> CONFLICT OF INTEREST, CLEAR
>> CONFLICT OF INTEREST, CLEAR CONFLICT OF INTEREST.
CONFLICT OF INTEREST. >> WHAT’S THE CONFLICT OF
>> WHAT’S THE CONFLICT OF INTEREST?
INTEREST? >> THE AMERICAN PUBLIC HAVE SEEN
>> THE AMERICAN PUBLIC HAVE SEEN QUITE WELL YOU’RE BIASED IN THIS
QUITE WELL YOU’RE BIASED IN THIS SITUATION AND HAVE NOT BEEN
SITUATION AND HAVE NOT BEEN OBJECTIVE.
OBJECTIVE. >> I HAVEN’T BEEN THE ONLY
>> I HAVEN’T BEEN THE ONLY DECISION MAKER HERE NOW.
DECISION MAKER HERE NOW. LET’S TAKE THE DEPUTY ATTORNEY
LET’S TAKE THE DEPUTY ATTORNEY GENERAL ROD ROSENSTEIN, APPROVED
GENERAL ROD ROSENSTEIN, APPROVED BY THE SENATE 94-6 WITH SPECIFIC
BY THE SENATE 94-6 WITH SPECIFIC DISCUSSION ON THE FLOOR THAT HE
DISCUSSION ON THE FLOOR THAT HE WOULD BE RESPONSIBLE FOR
WOULD BE RESPONSIBLE FOR SUPERVISING THE RUSSIAN
SUPERVISING THE RUSSIAN INVESTIGATION.
INVESTIGATION. >> I’M GLAD YOU BROUGHT THAT UP.
>> I’M GLAD YOU BROUGHT THAT UP. THAT’S A GREAT TOPIC.
THAT’S A GREAT TOPIC. >> 30 YEARS EXPERIENCE AND A
>> 30 YEARS EXPERIENCE AND A NUMBER OF SENIOR PROSECUTORS IN
NUMBER OF SENIOR PROSECUTORS IN THE DEPARTMENT INVOLVED IN THIS
THE DEPARTMENT INVOLVED IN THIS PROCESS, BOTH CAREER AND
PROCESS, BOTH CAREER AND NONCAREER.
NONCAREER. >> YES, I’VE READ THE PROCESS,
>> YES, I’VE READ THE PROCESS, SIR.
SIR. I HAVE ANOTHER QUESTION.
I HAVE ANOTHER QUESTION. AND I’M GLAD YOU BROUGHT THAT
AND I’M GLAD YOU BROUGHT THAT SUBJECT UP, BECAUSE I HAVE A
SUBJECT UP, BECAUSE I HAVE A QUESTION ABOUT THAT.
QUESTION ABOUT THAT. EARLIER TODAY IN RESPONSE TO
EARLIER TODAY IN RESPONSE TO SENATOR GRAHAM YOU SAID, QUOTE,
SENATOR GRAHAM YOU SAID, QUOTE, THAT YOU CONSULTED WITH
THAT YOU CONSULTED WITH ROSENSTEIN CONSTANTLY, UNQUOTE,
ROSENSTEIN CONSTANTLY, UNQUOTE, WITH RESPECT TO THE SPECIAL
WITH RESPECT TO THE SPECIAL COUNSEL’S INVESTIGATION AND
COUNSEL’S INVESTIGATION AND REPORT BUT DEPUTY ATTORNEY
REPORT BUT DEPUTY ATTORNEY GENERAL ROSENSTEIN WAS ALSO A
GENERAL ROSENSTEIN WAS ALSO A KEY WITNESS IN THE FIRING OF FBI
KEY WITNESS IN THE FIRING OF FBI DIRECTOR COMEY.
DIRECTOR COMEY. DID YOU CONSULT WITH --
DID YOU CONSULT WITH -- >> WELL, THAT’S --
>> WELL, THAT’S -- >> DID YOU CONSULT WITH DOJ
>> DID YOU CONSULT WITH DOJ ETHICS OFFICIALS BEFORE YOU
ETHICS OFFICIALS BEFORE YOU ENLISTED ROD ROSENSTEIN TO
ENLISTED ROD ROSENSTEIN TO PARTICIPATE IN A CHARGING
PARTICIPATE IN A CHARGING DECISION IN AN INVESTIGATION FOR
DECISION IN AN INVESTIGATION FOR THE SUBJECT OF WHICH HE IS ALSO
THE SUBJECT OF WHICH HE IS ALSO A WITNESS?
A WITNESS? >> MY UNDERSTANDING IS THAT HE
>> MY UNDERSTANDING IS THAT HE HAD BEEN CLEARED ALREADY TO
HAD BEEN CLEARED ALREADY TO PARTICIPATE IN IT?
PARTICIPATE IN IT? >> YOU HAD CONSULTED WITH THEM
>> YOU HAD CONSULTED WITH THEM AND THEY CLEARED IT?
AND THEY CLEARED IT? >> NO.
>> NO. I THINK THEY CLEARED IT WHEN HE
I THINK THEY CLEARED IT WHEN HE TOOK OVER THE INVESTIGATION.
TOOK OVER THE INVESTIGATION. THAT’S MY UNDERSTANDING.
THAT’S MY UNDERSTANDING. >> YOU DON’T KNOW WHETHER HE HAS
>> YOU DON’T KNOW WHETHER HE HAS BEEN CLEARED OF A CONFLICT OF
BEEN CLEARED OF A CONFLICT OF INTEREST?
INTEREST? >> HE WOULD BE PARTICIPATING IF
>> HE WOULD BE PARTICIPATING IF IT WAS A CONFLICT OF INTEREST.
IT WAS A CONFLICT OF INTEREST. >> WHY YOUR SAYING IT DID NOT
>> WHY YOUR SAYING IT DID NOT NEED TO BE REVIEWED BY THE
NEED TO BE REVIEWED BY THE CAREER ETHIC OFFICIALS TO
CAREER ETHIC OFFICIALS TO DETERMINE IF IT WAS APPROPRIATE?
DETERMINE IF IT WAS APPROPRIATE? >> WELL, I BELIEVE IT WAS
>> WELL, I BELIEVE IT WAS REVIEWED.
REVIEWED. AND I ALSO POINT OUT THIS SEEMS
AND I ALSO POINT OUT THIS SEEMS TO BE A BIT OF A FLIP FLOP.
TO BE A BIT OF A FLIP FLOP. WHEN THE PRESIDENT’S SUPPORTERS
WHEN THE PRESIDENT’S SUPPORTERS WERE --
WERE -- >> FLIP FLOP IN THIS THAT YOU’RE
>> FLIP FLOP IN THIS THAT YOU’RE NOT ANSWERING THE QUESTION
NOT ANSWERING THE QUESTION DIRECTLY.
DIRECTLY. DID OFFICIALS IN YOUR OFFICE AND
DID OFFICIALS IN YOUR OFFICE AND THE DEPARTMENT OF JUSTICE
THE DEPARTMENT OF JUSTICE APPROVE THE APPROPRIATENESS OF
APPROVE THE APPROPRIATENESS OF ROD ROSENSTEIN BE PART ON MAKING
ROD ROSENSTEIN BE PART ON MAKING A CHARGEING DECISION ON A CASE I
A CHARGEING DECISION ON A CASE I WHICH HE WAS ALSO A WITNESS IN?
WHICH HE WAS ALSO A WITNESS IN? >> MY UNDERSTANDING IS THAT HE
>> MY UNDERSTANDING IS THAT HE HAD ALREADY BEEN CLEARED BEFORE
HAD ALREADY BEEN CLEARED BEFORE I ARRIVED.
I ARRIVED. >> OF MAKING A DECISION ON THE
>> OF MAKING A DECISION ON THE MUELLER REPORT?
MUELLER REPORT? >> YES.
>> YES. >> AND THE CHARGES OF
>> AND THE CHARGES OF OBSTRUCTION OF JUSTICE?
OBSTRUCTION OF JUSTICE? HE HAD BEEN CLEARED ON THAT?
HE HAD BEEN CLEARED ON THAT? >> HE WAS THE ACTING ATTORNEY
>> HE WAS THE ACTING ATTORNEY GENERAL ON THE MUELLER
GENERAL ON THE MUELLER INVESTIGATION.
INVESTIGATION. >> HAD HE BEEN CLEARED?
>> HAD HE BEEN CLEARED? >> I AM --
>> I AM -- >> BY YOUR SIDE, A DECISION --
>> BY YOUR SIDE, A DECISION -- >> I AM INFORMED THAT BEFORE I
>> I AM INFORMED THAT BEFORE I ARRIVED, HE HAD BEEN CLEARED BY
ARRIVED, HE HAD BEEN CLEARED BY THE ETHICS OFFICIALS.
THE ETHICS OFFICIALS. >> AS WHAT?
>> AS WHAT? >> SERVING AS ACTING ATTORNEY
>> SERVING AS ACTING ATTORNEY GENERAL ON THE MUELLER CASE.
GENERAL ON THE MUELLER CASE. >> HOW ABOUT MAKING A CHARGING
>> HOW ABOUT MAKING A CHARGING DECISION ON OBSTRUCTION OF
DECISION ON OBSTRUCTION OF JUSTICE WHEN THE UNDERLYING
JUSTICE WHEN THE UNDERLYING OFFENSES INCLUDE HIM AS A
OFFENSES INCLUDE HIM AS A WITNESS?
WITNESS? >> THAT’S WHAT THE ACTING
>> THAT’S WHAT THE ACTING ATTORNEY GENERAL’S JOB IS.
ATTORNEY GENERAL’S JOB IS. >> TO BE A WITNESS AND MAKE THE