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.
President Trump has criticized the Mueller investigation, fired Jim Comey, savagely attacked the FBI, and repeatedly suggested the Russia campaign influence in 2016 was a hoax. In the wake of all of this, the American people need to be assured that Mueller can carry out his investigation without interference.
I've been in two different administrations, and I would say, particularly, President Obama was really careful to make sure that he wouldn't invoke executive privilege unless absolutely necessary. He only invoked it once in eight years, even though many years he had Congress opposed to him in terms of being from the opposite party.
I think probably, you know, from my perspective, the folks who say a sitting president cannot be indicted have the better of the argument that the president can't be indicted - put, you know, through a criminal trial while he is president - and that the proper way to do it is to impeach him first, remove him, and then seek criminal prosecution.
I can tell you that standard D.O.J. protocol is that you let official acts speak for themselves. You don't go and spin your action. For example, when I ran the Solicitor General's office, there would be all sorts of times when the litigants would make something up, and we would just never comment to the press. It is not what we do.
Appointing special counsel Robert Mueller to probe Russian meddling in the 2016 election (and any possible ties to President Trump's campaign) was the only choice the Justice Department had. This is the best way to deal with the conflicts and potential conflicts of interest these matters posed.
Everything having to do with President Trump and Russia, whether it is Mr. Trump's demand for an investigation into the investigation by the special counsel Robert Mueller, or whether Mr. Trump will testify, requires an answer to one essential background question: Can Mr. Mueller seek to indict the president?