The immediate consequences will be mostly symbolic. About 10
percent of the Mueller report was redacted, at times clearly because it
involved information relevant to the upcoming
trial of longtime Trump confidant Roger Stone. The next step in the
proceedings will be a vote on the House floor. Although it will likely pass
since Democrats control the chamber, Barr will probably face few legal
repercussions, as federal prosecutors are unlikely
to pursue criminal penalties for a contempt of Congress charge against
their own boss.
But the speed with which Democrats took the nearly
unprecedented measure — it is only the second time in U.S. history that the nation’s top law
enforcement officer was held in contempt of Congress — and the surrounding
cloud of suspicion and counter-charges reflected the unprecedented scope of
conflict between the executive and legislative branches.
In the 48 hours since the Judiciary Committee announced it
would hold contempt proceedings on Monday, the Trump Administration issued a
flurry of rejections for congressional requests, adding to an already deep
pile. On Monday, Treasury Secretary Steve Mnuchin announced he would
not turn over the President’s tax returns to the Ways and Means
Committee; on Tuesday, the White House told former
White House Counsel Don McGahn not to comply with a subpoena from the
judiciary committee; and on Wednesday, after a day of futile negotiations
between the committee and the Department of Justice, it invoked executive
privilege over the redacted portions of the Mueller report.
Democrats unsurprisingly used the high-profile proceedings
on contempt to highlight what Nadler is deeming a constitutional crisis. As the
markup stretched into the afternoon, the sentiments became less about Barr’s
actions and more about about preserving the powers of the legislative branch.
“This is unprecedented,” Judiciary Chairman Jerrold Nadler
said in his opening statement after listing all the other ways the White House
has stonewalled Congress. “If allowed to go unchecked, this obstruction means
the end of congressional oversight. As a co-equal branch of government, we
should not and cannot allow this to continue.”
Every member of the committee was allotted a brief time to
speak, and the tenor reflected the partisan tensions. Democrats’ comments
largely echoed Nadler’s about the state of U.S. democracy. Republicans, by
comparison, defended Barr, arguing that Democrats were on a “witch hunt,” and
wanted Barr to break the law by handing over the un-redacted report. Several
also pointed out Democrats moved much more quickly to hold Barr in contempt
than Republicans on the oversight committee did with his Democratic predecessor Eric Holder in 2012 when they
were seeking documents in the Fast and Furious case.
“[Democrats] have moved from request to contempt vote in
only 43 days, and yet the Justice Department is still at the negotiating table
— waiting for Democrats to arrive in good faith,” said ranking member Doug
Collins, adding that Democrats want to “sully Bill Barr’s good name and
reputation.”
Department of Justice spokesperson Kerri Kupec released a
statement after the vote, calling it “politically motivated,” and
“unnecessary.” “It is deeply disappointing that elected representatives of the
American people have chosen to engage in such inappropriate political
theatrics,” she said.
There is undoubtedly some irony that Barr is the first
administration official facing contempt proceedings when his department, unlike
the White House counsel’s office, actually came to the table to negotiate. And
it is also true that the vote to hold Holder in contempt was, like Barr, upheld
along party lines. But veterans of Congressional oversight say that, more than
anything, it is this partisanship that is the problem.
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