Trump’s attorney general nominee penned a scathing that called Mueller ‘grossly irresponsible’

Deputy Attorney Gen. Rod Rosenstein said Thursday that a memo President Trump’s attorney general nominee sent him in June blasting elements of the Russia probe had ‘no impact’ on the investigation.  

He spoke after a report detailed AG nominee William Barr’s detailed memo arguing that Special Counsel Robert Mueller ought not be permitted to pursue an obstruction of justice case against President Trump – a view Barr apparently flagged with Trump’s legal team. 

‘Obviously, our decisions are informed by our knowledge of the actual facts of the case, which Mr. Barr didn’t have,’ Rosenstein told reporters Thursday, in a dig at the Barr memo, which the former U.S. attorney general sent him in June. 

‘I didn’t share any confidential information with Mr. Barr,’ Rosenstein continued. ‘He never requested that we provide any non-public information to him, and that memo had no impact on our investigation,’ Rosenstein said during a briefing on an unrelated matter.

Rosenstein said Barr’s memo didn’t have an impact, adding: ‘Obviously, our decisions are informed by our knowledge of the actual facts of the case, which Mr. Barr didn’t have’

William Barr criticized the Russia probe in an unsolicited memo to the Justice Department

William Barr criticized the Russia probe in an unsolicited memo to the Justice Department

‘The memo that you made reference to reflects Mr. Barr’s personal opinion,’ Rosenstein continued. ‘Lots of people offer opinions to the Department of Justice, but they don’t influence our own decision making.’ 

Rosenstein spoke on a day the Associated Press reported acting attorney general Matt Whitaker, who has publicly expressed his own views critical of the Russia probe, does not need to recuse himself from Russia probe oversight, which he has now.    

The Barr memo drew immediate scrutiny after the Wall Street Journal reported on it Wednesday night.

Word of Whitaker's role, pending confirmation of an attorney general by the Senate, comes as the Mueller probe has secured a guilty plea from former Trump lawyer Michael Cohen

Word of Whitaker’s role, pending confirmation of an attorney general by the Senate, comes as the Mueller probe has secured a guilty plea from former Trump lawyer Michael Cohen

President Donald Trump nominated William Barr to be his attorney general. Barr argued in a memo that the special counsel can't pursue obstruction of justice charges against the president. Trump's hand-picked 'acting' attorney general William Barr has publicly slammed the Mueller probe

President Donald Trump nominated William Barr to be his attorney general. Barr argued in a memo that the special counsel can’t pursue obstruction of justice charges against the president. Trump’s hand-picked ‘acting’ attorney general William Barr has publicly slammed the Mueller probe

Said Senate Minority Leader Charles Schumer:  ‘Mr. Barr believes presidents in general — and more frighteningly, President Trump, who has shown less respect for the rule of law than any president, are above the law,’ Schumer said  

‘The fact that he holds these deeply misguided views and chose to launch them in an unprovoked written attack on the Special Counsel unquestionably disqualifies Mr. Barr from serving as attorney general again.’

The latest version of the Journal’s report notes that Barr shared his memo with a senior member of Trump’s legal team.  

The paper reported that Barr sent an unsolicited memo to the Justice Department this year criticizing as ‘fatally misconceived’ the special counsel’s investigation into whether the president took steps to obstruct a probe into ties between his campaign and Russia.

The 20-page memo, sent in June while Barr was in private practice and months before he was selected by Trump for the Justice Department job, could factor into his future confirmation hearings before the Senate Judiciary Committee and may prompt questions about his ability to oversee the special counsel’s investigation in an open-minded and impartial manner.

The document argues that there could be disastrous consequences for the Justice Department and the presidency if special counsel Robert Mueller were to conclude that acts a president is legally permitted to take – such as firing an FBI director – could constitute obstruction just because someone concludes that there was corrupt intent.

‘Mueller should not be permitted to demand that the President submit to interrogation about alleged obstruction,’ Barr wrote. ‘Apart from whether Mueller (has) a strong enough factual basis for doing so, Mueller’s obstruction theory is fatally misconceived.’

Barr acknowledged that a president can commit obstruction of justice by destroying evidence or tampering with witnesses. But, he said, he is unaware of any accusation like that in the Mueller investigation, and he said it would ‘do lasting damage to the Presidency and to the administration of law within the Executive branch’ if an act like the firing of ex-FBI chief James Comey could amount to obstruction.

The memo was sent to Deputy Attorney General Rod Rosenstein, who appointed Mueller, and to Steven Engel, the head of the Justice Department’s Office of Legal Counsel, which provides legal advice to executive branch agencies. It was turned over to the Senate Judiciary Committee, which released it along with questionnaire responses that Barr submitted to the panel.

This undated photo provided by Time Warner shows William Barr. Barr, criticized an aspect of the special counsel’s Russia investigation in an unsolicited memo he sent to the Justice Department. The memo was summarized to The Associated Press by a person familiar with it. It could factor into Barr’s confirmation hearings and prompt questions about whether he can be unbiased in overseeing the investigation. The document, sent in June, expresses concern with special counsel Robert Mueller’s investigation into whether Trump obstructed justice. (Time Warner via AP)

The memo adds to a record of other statements given by Barr over the last year or so about the Mueller investigation. Those include comments to a newspaper expressing concern about the fact that multiple members of the Mueller team had made political contributions to Democratic political candidates. Acting Attorney General Matthew Whitaker has criticized the investigation in even more pointed ways.

A spokesman for Mueller declined to comment on the memo, which was first reported by The Wall Street Journal.

Justice Department spokeswoman Kerri Kupec said Barr’s views were based solely on publicly available information and were expressed ‘on his own initiative.’ In the memo, Barr says he is writing ‘as a former official deeply concerned with the institutions of the Presidency and the Department of Justice.’ He acknowledged that he was ‘in the dark about many facts.’

Kupec said: ‘Following the announcement of Mr. Barr’s nomination, senior Department ethics officials were consulted and advised that, under the applicable rules of professional conduct, Mr. Barr’s memo would present no conflict as to his duties as Attorney General. Mr. Barr has stated that, if confirmed, he will make any decisions based on the actual facts and circumstances of any particular matter.’

Barr served as attorney general from 1991 until 1993 under President George H.W. Bush.

Read more at DailyMail.co.uk