KLOBUCHAR:
Thank you very much. Thank you, Mr. Barr. Thanks for your grandson for the mint. That was pretty nice.
(LAUGHTER)
In your previous confirmation hearing for attorney general, you stated that the attorney general is the president's lawyer. You have also said that the attorney general's ultimate allegiance must be to the rule of law, so I'm going to characterize that as the people's lawyer.
And there have been times throughout our history, including during Watergate, when the personal interests of the president do not align with the interests of the country. In those critical moments, is the attorney general the people's lawyer or the president's lawyer?
BARR:
Well, it--it--as--the reason he's the--I referred to the attorney general as the president's lawyer is because in 1789 they said that the attorney general is to provide legal advice to the--to the--
KLOBUCHAR:
--Um-hmm--
BARR:
--President--
KLOBUCHAR:
--Yes--
BARR:
--And the cabinet, and that's in their official capacity.
And my view on that is that, like any lawyer, you give the best advice as to your view of the law. But if the president determined that he wanted to do something that you thought was still a reasonable construction of the law, even though you might not have decided that way as an Article III judge, just as you support congressional enactments that are--
KLOBUCHAR:
--Okay--
BARR:
--Reasonable, you do the same for the president.
KLOBUCHAR:
Um-hmm. But how about in a situation like Watergate?
BARR:
So, you know, I--if the president directs an attorney general to do something that is contrary to law, then I think the attorney general has to step down.
KLOBUCHAR:
Okay.
BARR:
It's that simple.
KLOBUCHAR:
Thank you.
Under the special counsel regs, the special counsel must send a second report to Congress documenting any instances where the AG prohibited the special counsel from taking an action. Will you follow those regulations and send the report to Congress?
BARR:
Yes.
KLOBUCHAR:
Thank you.
And then a few just things that I care a lot about. You had a great discussion with Senator Booker about the First Step Act and nonviolent drug crimes. Will you support the use of drug courts? Something--my county, when I was prosecutor, was one of the first to do that in a big way, and now we have federal drug courts. Will you support them for nonviolent offenders?
BARR:
Yeah, I think--I think they're generally a good idea.
KLOBUCHAR:
Okay.
And there's a bill that I have that we're reintroducing on guns and stalking. And it's a pretty narrow bill. It fills a loophole that's called sometimes the boyfriend loophole. I don't know if you know what that is, but it's when someone is not married but they're living together, and then the question is would the gun laws apply.
And we actually had a hearing and a number of the Republican witnesses agreed they should. So, that's part of it, and then the other involves stalking--
BARR:
--Um-hmm--
KLOBUCHAR:
--And whether or not that could also fall under the prohibitions on guns. So, we had the meeting on guns at the White House, and the president said he thought the bill was terrific. I just kind of give--lead you into that.
BARR:
Okay.
KLOBUCHAR:
But--
BARR:
--It--it's--
KLOBUCHAR:
--And it hasn't passed yet, but I'm just asking you to review it.
BARR:
Absolutely.
KLOBUCHAR:
Okay. And I hope we would have your support. It would be nice to get that done.
And then I also have a second bill with Senator Cornyn, the Abby Honold Act. And the bill would expand the use of evidence-based practices in responding to sex assault crimes, and I hope you would look at that as well. And it's part right now of the Senate package on the Violence Against Women Act. And I--my bill aside, I hope that you would support the reauthorization of that bill.
BARR:
Um-hmm.
KLOBUCHAR:
You would, of the Violence Against Women Act?
BARR:
Well, I haven't seen it, but I--I--if it's reauthorizing what's in effect now, yes.
KLOBUCHAR:
Okay.
And then I just want to end here with a--a second chance, second go round on a question. I--I decided to leave my antitrust questions for the record--
BARR:
--Okay--
KLOBUCHAR:
--So I can ask this. I asked earlier today this question because I really meant it as an opportunity for you to kind of address your troops and not a gotcha question. So, immigration debates aside, putting aside the differences in this House and in the White House, and we have now thousands and thousands of extraordinary people devoting themselves to a good cause, and that is justice at the Department of Justice and the FBI, including a few of them right behind you in the front row.
And they--many of them right now are either furloughed or they're doing their jobs every single day without pay. And if you get confirmed, you will be their leader. And do you want to say anything to them or about them? And I'd appreciate it if you would.
BARR:
Well, thank you, senator, for giving me the opportunity, because one of the reasons I want to do this, serve as attorney general, is because of the opportunity to work with the outstanding people at the Department of Justice. And I think the country can be very proud of them as they're--of their dedication as they stand their post and continue to perform their mission.
It's a great sacrifice for many of them with the paychecks not coming in. So, I hope this ends soon. But one of the reasons the department is such a important institution to me and a big part of my life is the quality of the people there. And I'm looking forward, hopefully if I'm confirmed, to joining them again.
KLOBUCHAR:
Okay. Thank you very much.
BARR:
Thank you.
