As former special counsel Robert Mueller is set to testify before Congress this week, legal experts are weighing in on what Democrats will be asking Mueller.
According to New York University law professor Ryan Goodman and former Homeland Security advisor Elizabeth Holtzman, Democrats have the chance to refer Barr for criminal prosecution for lying to Congress.
Prior to joining the NYU faculty in 2009, Goodman (a Just Security co-founder) was a law professor at Harvard University. The 77-year-old Holtzman, also an attorney, served four terms in the U.S. House of Representatives and went on to serve as a member of the Homeland Security Advisory Council before resigning in 2018.
“Based on the available public record about the Russia investigation,” Holtzman and Goodman declare in their Just Security article, “it’s clear that the Attorney General has repeatedly deceived Congress in a manner that appears to have crossed the line established by federal criminal law. It’s a federal offence if anyone intentionally ‘falsifies, conceals or covers up by any trick, scheme or device a material fact’ or makes a ‘materially false’ statement before Congress.”
Holtzman and Goodman recommend that after Mueller’s testimony, Congress “should consider transmitting Barr’s multiple testimonies to the Justice Department” and “call for a special counsel to” investigate the attorney general. And they go on to explain why they believe such actions are necessary.