William Barr interview: Read the full transcript
JAN CRAWFORD: What is the fundamental difference? Why…I mean, he said he couldn't exonerate the president. That he had looked at the evil there - these 11 instances of possible obstruction. He couldn't exonerate the president, if he could he would've stated so. You looked at that evidence and you did. I mean, what is the fundamental difference between your view and his?
WILLIAM BARR: Well, I think Bob said that he was not going to engage in the analysis. He was, he was not going to make a determination one way or the other. And he also said that he could not say that the president was clearly did not violate the law, which of course is not the standard we use at the department. We have to determine whether there is clear violation of the law and so we applied the standards we would normally apply. We analyzed the law and the facts and a group of us spent a lot of time doing that and determined that both as a matter of law, many of the instances would not amount to obstruction.
JAN CRAWFORD: As a matter of law?
WILLIAM BARR: As a matter of law. In other words, we didn't agree with the legal analysis- a lot of the legal analysis in the report. It did not reflect the views of the department. It was the views of a particular lawyer or lawyers and so we applied what we thought was the right law but then we didn't rely on that. We also looked at all the facts, tried to determine whether the government could establish all the elements and as to each of those episodes we felt that the evidence was deficient.
JAN CRAWFORD: Before you became attorney general you wrote a memo to the justice department looking at the – the question and the legal standards for obstruction and suggesting that the president has the authority to say back off of the Flynn investigation and could have fired James Comey under his executive authority, how much - I mean when you're talking about, can you explain that a little more. When you're talking about your judgment that no obstruction occurred based on the evidence that Mueller produced and your understanding of the law, can you explain a little more why wasn't that obstruction?
WILLIAM BARR: Well let's take the firing of Comey for example I think we would have said as a matter of law, and I'm not relying on my - my legal memo that I wrote as a private citizen but really on the views within the department of the people who think about these things and are responsible for framing the views of the department, and I think we would have said that as a matter of law the obstruction statutes do not reach facially valid exercise of core presidential authority or official authority even, decisions by the attorney general in administering the executive branch or litigation. But we didn't rely on that, we then looked at that issue let's take the again the firing of Comey. One of the elements is that you have to show that the act objectively speaking will have the probable effect of obstructing a proceeding and we don't believe that the firing of an agency head could be established as having the probable effect, objectively speaking, of sabotaging a proceeding. There was also we would have to prove corrupt intent, the report itself points out that one of the likely motivations here was the president's frustration with Comey saying something publicly and saying a different thing privately and refusing to correct the record. So that would not have been a corrupt intent. So for each of these episodes we thought long and hard about it, we looked at the facts and we didn't feel the government could establish obstruction in these cases
JAN CRAWFORD: When you see some of the criticism and you've gotten quite a bit of it that you're protecting the president that you're enabling the president, what's your response to that?
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