Justice Dept. policy says a sitting president may not be indicted, but evidence of any criminal activities should be made public, lawmakers say.
By Ellen Nakashima , Ellen Nakashima National security reporter Email Bio Follow Karoun Demirjian and Karoun Demirjian Congressional reporter focusing on national security Email Bio Follow Rachael Bade Rachael Bade Congressional reporter Email Bio Follow March 22 at 7:42 PM House Democrats, concerned that President Trump’s attorney general may withhold evidence of wrongdoing uncovered by special counsel Robert S.
Rep. Jerrold Nadler , chairman of the House Judiciary Committee, oversees one of six Democrat-led investigations involving President Trump. The stakes are high: If the special counsel found evidence that Trump committed a crime, participated in a coverup, or otherwise engaged in conduct undermining the public trust, it could fuel calls for impeachment, which Democratic leaders have resisted absent proof of wrongdoing.
Trump’s disdain for Mueller’s probe, which he has labeled a “witch hunt,” and his animus toward congressional oversight, which he considers “presidential harassment,” have fed Democrats’ suspicion that he might have something to hide and might attempt to force Barr to conceal any unsavory details from public view.
One key question Democrats have is whether Mueller has concluded that Trump engaged in criminal activities but declined to charge him in deference to Justice Department policy that a sitting president may not be indicted. Such information should be made public, they argue. “I’m concerned that [DOJ is] signaling they’re going to fight the Congress when it comes to [Mueller’s] underlying evidence,” said Rep. Adam B. Schiff , who as chairman of the House Intelligence Committee is leading one of the six Trump-related probes in the House. The Senate Intelligence Committee is also examining Russia’s activities surrounding the 2016 election, a probe that began shortly after Trump’s inauguration.
If the Justice Department resists, Pelosi would have to decide whether to start a political battle by seeking to hold administration officials in contempt of Congress — a decision likely to result in lengthy court fights. The administration could also seek to prevent disclosure of material involving the president by claiming it is subject to executive privilege, but such claims are not absolute.
Nadler said it’s important for the public to see the full report, whether it implicates or exonerates the president, to begin to restore trust in government.
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