House panel holds Attorney General Barr in contempt as Trump amps up Mueller feud

The House Judiciary Committee voted to hold Attorney General William Barr in contempt of Congress for failing to comply with a subpoena for Robert Mueller’s unredacted report, as the White House asserted executive privilege over the special counsel’s work.

The Judiciary panel’s 24-16 vote today was the latest move in an escalating clash with an administration that is refusing House Democrats’ demands for documents and testimony. President Donald Trump said last month that “we’re fighting all the subpoenas,” and more Democrats are starting to consider impeachment proceedings against him.

“This is not a step we take lightly,” said Judiciary Chairman Jerrold Nadler, who accused the administration of “unprecedented obstruction” and seeking to “stonewall” Congress’s investigation of the Mueller report on Russian election interference and possible obstruction of the probe by Trump.

“No person, not the attorney general, not the president, can be permitted to be above the law,” Nadler said. “This is information we are legally entitled to receive and constitutionally obligated to review.”

Trump is asserting executive privilege over the materials subpoenaed by Mueller, including the full Mueller report, White House press secretary Sarah Huckabee Sanders said hours before the committee vote.

“Faced with Chairman Nadler’s blatant abuse of power, and at the attorney general’s request, the president has no other option than to make a protective assertion of executive privilege,” she said in a statement.

Trump’s advisers have been pushing him to defy congressional investigations in hopes of luring Democrats into escalating a fight that they say will turn voters against the party in the 2020 elections. They also see an upside from House Speaker Nancy Pelosi’s warning on Tuesday that the administration’s defiance of subpoenas could lead to impeachment proceedings, arguing they would distract attention from candidates vying to replace Trump.

Today’s Judiciary Committee vote came after Judiciary staff and Justice Department officials failed to reach an agreement a day earlier.

Barr sent Trump a letter today asking him to “make a protective assertion of executive privilege.”

Barr said he was making the request because the Judiciary panel “demands all of the special counsel’s investigative files, which consist of millions of pages of classified and unclassified documents bearing upon more than two dozen criminal cases and investigations, many of which are ongoing.”

Barr has been willing to allow only a few members of Congress and staff to view a fuller version of the report, under the condition that they don’t share what they learn with other members of Congress or the public. Barr also declined Democrats’ demand that he seek a court order allowing him to give Congress grand jury material from the Mueller investigation.

Nadler said the committee plans to go to court itself to seek release of the grand jury material.

The Judiciary Committee also is seeking testimony from Mueller, and today’s assertion of executive privilege has no direct bearing on the special counsel’s ability to testify, said a Justice Department official who spoke on condition of anonymity.

Separately, the administration on Tuesday told former White House Counsel Don McGahn not to comply with a subpoena from House Democrats to turn over documents. Over the weekend, Trump tweeted that Mueller shouldn’t testify to Congress, and on Monday, Treasury Secretary Steven Mnuchin refused a request to turn over Trump’s tax returns.

The contempt resolution will ultimately require the backing of the full House of Representatives. It would empower Pelosi “to take all appropriate action to enforce the subpoena,” which could ultimately lead to a court fight.

Pelosi said today that Barr should be held in contempt and that impeaching the attorney general is “on the table.” Speaking at a Washington Post event, she said the next step will be to bring the contempt charge to the House floor, but she said she would wait until after the committee vote to discuss timing.

The Judiciary Committee’s top Republican, Doug Collins of Georgia, accused Democrats of taking a “cynical, mean-spirited, counterproductive and irresponsible step.”

A committee report issued to back up the contempt finding said Congress “urgently requires” the full Mueller report to determine how to proceed, and to provide checks and balances on the president. “Otherwise, the president remains insulated from legal consequences and sits above the law,” the report said.

Nadler had made a new offer to Barr last week after the attorney general declined to comply with a subpoena for the full report.

Nadler requested that Barr allow all members of Congress and some staff to view redacted portions of the report in a secure location, and that he also work with Congress to get court approval to release grand jury information, which is protected by law. Barr didn’t agree to the offer.

Separately, the House Intelligence Committee has also sought access to the Mueller report and related evidence but hasn’t yet issued a subpoena. A committee aide said Tuesday the committee will “soon” move to compel production of the evidence.

Trump and his Republican allies are trying to move past the Mueller investigation, with Senate Majority Leader Mitch McConnell declaring “case closed” in a floor speech Tuesday.

White House advisers say cooperating with Democrats provides little advantage as many voters have already made up their mind about Trump’s character. Records from Trump’s business or time as president could reveal damaging information for Democrats to use against him.

But the effort to turn Trump’s potential liabilities into a 2020 election advantage carries risks. The president’s refusal to turn over documents could lead voters to conclude he has something to hide and focus attention on the Mueller investigation, which painted an unflattering picture of Trump even if it didn’t result in a criminal indictment.