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Hearing in 1973, then senator birch bayh of indiana asked, suppose it s necessary to ask to get the president s affidavit or have his testimony personally. would that be the kind of determination the special prosecutor could make? richardson said yes. will you give a similar answer today that you won t interfere with special counsel mueller seeking testimony from the president? you know, i think, as i say, the regulations currently provide some avenue if there s some disagreement. i think in order to overrule mueller, someone would have to the attorney general or the acting attorney general would have to determine after giving mueller s position great weight, that it was so unwarranted under established policies that it should not be done. so that s the standard i would ....
Previous confirmation hearing that is more similar to today than 1971. senator leahy asked you about the confirmation of richardson. pr nixon s nominee to be attorney general. that confirmation took place in the context of a similarly divided period in american history where there was great concern over the at that point ongoing watergate investigation. richardson reassured the country by making some important commitments during his confirmation hearing before this committee. then senator strom thurmond asked richardson if he want add special prosecutor is would shield no one. and prosecute regardless of any way, shape or form. richardson responded exactly. do you want special counsel mueller to shield no one and prosecute the case regardless of who is affected? i want special counsel mueller to discharge his ....
Responsibilities as a federal prosecutor. and exercise the judgment that he s expected to exercise under the rules. finish his job. senator kennedy followed up by asked richardson if the special prosecutor would have the complete authority and responsibility for determining who he prosecuted and at what location richardson said simply yes. would you give a similar answer? i would give the answer that s in the current regulations, which is the special counsel has, you know, broad discretion. but the acting attorney general in this case, rosenstein, can ask about major decisions. if they disagree on a major decision and if after giving great way to the special counsel s position, the acting ....
Attorney general felt that it was so unwarranted under established policies that it should not be followed, then that would be reported to this committee. i ve got a number of questions. let me make sure i understand you. senators asked richardson what he would do if he disagreed with the special prosecutor. richardson testified to the committee the special prosecutor s judgment would prevail. that s not what you re saying that s not you have a difference of opinion with special counsel mueller, you won t necessarily back his decision. you might overrule it. under the regulations, there is there is the possibility of that. this committee would not would be aware of it. a lot of water has gone under the dam since elliott richardson. a lot of different administrations on both parties have experimented with special ....