Katyal writes: "We have a system in place for our government to uncover evidence against a sitting president. And it’s working."
Attorney General William Barr testifying before the Senate Judiciary Committee on Wednesday. (photo: Erin Schaff/The New York Times)
03 May 19
We have a system in place for our government to uncover evidence against a sitting president. And it’s working.
any who watched Attorney General William Barr’s testimony on Wednesday before the Senate Judiciary Committee, which followed the revelation that the special counsel Robert Mueller had expressed misgivings about Mr. Barr’s characterization of his report, are despairing about the rule of law. I am not among them. I think the system is working, and inching, however slowly, toward justice.
When it comes to investigating a president, the special counsel regulations I had the privilege of drafting in 1998-99 say that such inquiries have one ultimate destination: Congress. That is where this process is going, and has to go. We are in the fifth inning, and we should celebrate a system in which our own government can uncover so much evidence against a sitting president.
Some commentators have attacked the special counsel regulations as giving the attorney general the power to close a case against the president, as Mr. Barr did with the obstruction of justice investigation into Donald Trump. But the critics’ complaint here is not with the regulations but with the Constitution itself. Article II gives the executive branch control over prosecutions, so there isn’t an easy way to remove the attorney general from the process.
