Toggle Menu

William Barr Is Acting as Trump’s Defense Lawyer, Not Attorney General

The Senate Judiciary Committee hearing confirmed one thing: The United States does not currently, in any practical or realistic sense, have an attorney general.

John Nichols

May 1, 2019

Attorney General William Barr is sworn in to testify before the Senate Judiciary Committee hearing on the Mueller report, in Washington, May 1, 2019. (AP Photo / Andrew Harnik)

William Barr, a Washington fixer whom conservative columnist William Safire referred to as the “Coverup-General” when Barr previously served as the nation’s top lawman, appeared before the Senate Judiciary Committee on Wednesday.

Democrats on the committee asked Barr pointed questions about his latest cover-up project: an attempt to protect President Trump and his associates from legitimate and necessary legal and congressional scrutiny. At issue was Barr’s deliberate mischaracterization of a report from special counsel Robert Mueller that examined concerns about pro-Trump interference with the 2016 election and pointed to evidence of wrongdoing by the president’s aides and allies and obstruction of justice by the president himself. Republican senators tried to distract from a burgeoning scandal involving Barr—which blew up with the revelation that Mueller had written a letter expressing detailed concerns about Barr’s statements regarding the report, and about mounting evidence that Barr has lied to Congress—by asking lots of questions about Hillary Clinton.

Wednesday’s hearing was an empty exercise characterized primarily by Barr’s attempts to obscure his own wrongdoing with regard to the Mueller report: “I’m not really sure” and “I cannot recapitulate” and “I would analogize it” and “What do you mean by receptive?” Barr actually claimed that the memo he wrote to “summarize the principle conclusions reached by the Special Counsel” was not a summary.

At some turns, Barr sounded as if he was engaged in a desperate maneuver to avoid a perjury charge based on his previous attempts to deceive Congress. At other turns, he came off as Sarah Sanders with a law degree—a shambling propagandist seeking to create confusion.

Current Issue

View our current issue

Subscribe today and Save up to $129.

Illinois Senator Dick Durbin, a senior member of the committee, described the messaging game engaged in by Barr and his Republican collaborationists as “totally unresponsive to…what the American people want to know.” Rhode Island Senator Sheldon Whitehouse, a former US attorney and state attorney general, identified Barr’s testimony as “masterful hairsplitting.”

In perhaps the most remarkable exchange of the day—and one of the more remarkable in the history of testimony from senior law-enforcement officials to congressional committees—California Senator Kamala Harris raised a straightforward question: “Has the president or anyone at the White House ever asked or suggested that you open an investigation of anyone?”

Instead of answering, Barr grumbled about how he was “trying to grapple with the word ‘suggest…’”

“Perhaps they’ve suggested?” continued Harris, a veteran prosecutor and former state attorney general.

“I don’t know,” replied Barr. “I wouldn’t say suggested.”

“Hinted?” asked Harris. “I don’t know,” said Barr, in response to a question for which the sitting attorney general of the United States should have had an answer.

So it went on a day when Barr played the part of an ill-informed yet combative partisan rather than the head of the Department of Justice.

Support urgent independent journalism this Giving Tuesday

I know that many important organizations are asking you to donate today, but this year especially, The Nation needs your support. 

Over the course of 2025, the Trump administration has presided over a government designed to chill activism and dissent. 

The Nation experienced its efforts to destroy press freedom firsthand in September, when Vice President JD Vance attacked our magazine. Vance was following Donald Trump’s lead—waging war on the media through a series of lawsuits against publications and broadcasters, all intended to intimidate those speaking truth to power. 

The Nation will never yield to these menacing currents. We have survived for 160 years and we will continue challenging new forms of intimidation, just as we refused to bow to McCarthyism seven decades ago. But in this frightening media environment, we’re relying on you to help us fund journalism that effectively challenges Trump’s crude authoritarianism. 

For today only, a generous donor is matching all gifts to The Nation up to $25,000. If we hit our goal this Giving Tuesday, that’s $50,000 for journalism with a sense of urgency. 

With your support, we’ll continue to publish investigations that expose the administration’s corruption, analysis that sounds the alarm on AI’s unregulated capture of the military, and profiles of the inspiring stories of people who successfully take on the ICE terror machine. 

We’ll also introduce you to the new faces and ideas in this progressive moment, just like we did with New York City Mayor-elect Zohran Mamdani. We will always believe that a more just tomorrow is in our power today.  

Please, don’t miss this chance to double your impact. Donate to The Nation today.

Katrina vanden Heuvel 

Editor and publisher, The Nation

Wednesday’s hearing left many questions unanswered. But it confirmed one thing: The United States does not currently, in any practical or realistic sense, have an attorney general.

The office of attorney general was established by the Judiciary Act of 1789 and has been filled by 84 men and women with a responsibility, according to the mission statement of the Department of Justice they head, “To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.”

The attorney general of the United States has never been and must never be the president’s lawyer. That is the job of the White House counsel, not the job of the chief law enforcement officer.

Yet as Vermont Senator Patrick Leahy, a former prosecuting attorney and the senior member of the Judiciary Committee and the Senate, observed with regard to Barr’s testimony, “He continues to play the role of defense attorney to the president, not of attorney general of the United States.”

Lawfare executive editor Susan Hennessey reached a similar conclusion, describing Barr as “acting as the president’s defense attorney.”

That’s a somewhat generous characterization.

The truth is that Barr has returned to the role he played almost three decades ago, when he played the role of then-President George H.W. Bush’s “cover-up general.”

Barr is not serving as the attorney general of the United States. He has effectively vacated his position.

If Barr had the slightest sense of duty to the republic—if he took seriously his oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic” and to “bear true faith and allegiance to the same”—he would immediately resign.

Support our work with a digital subscription.

Get unlimited access: $9.50 for six months.

On the evidence that Barr has no sense of duty or respect for the republic, he should be removed by a Congress that is charged by the Constitution with a responsibility to impeach and try civil officials who abuse their authority. Abandoning the duties of the office of attorney general in order to serve as the defense attorney for a lawless presidency is the very definition of such an abuse.

Senator Durbin said before the Judiciary Committee hearing that Barr “has virtually disqualified himself to be the kind of person that we expect to stand back and make sure that justice is served.”

Wednesday’s testimony removed any need for the use of the word “virtually.”

Barr is not serving as attorney general. He has no place in the Department of Justice.

John NicholsTwitterJohn Nichols is the executive editor of The Nation. He previously served as the magazine’s national affairs correspondent and Washington correspondent. Nichols has written, cowritten, or edited over a dozen books on topics ranging from histories of American socialism and the Democratic Party to analyses of US and global media systems. His latest, cowritten with Senator Bernie Sanders, is the New York Times bestseller It's OK to Be Angry About Capitalism.


Latest from the nation