Witness at AG Nominee Barr Confirmation Hearing: Independent FCC, FTC Would be Unconstitutional Under Barr Theory

In day two of Attorney General Nominee William Barr's confrimation hearing, Georgia State law professor Nail Kinkopf told the Senate Judiciary Committee that the independence of federal agencies including the Federal Communications Commission are at risk under Barr's theory of executive power. Kinkopf did not sugar coat his criticism of a lengthy 2018 memo on that legal issue that Barr penned, a memo Democratic lawmakers have pointed to as troubling since it argued the President's "interactions" with FBI director James Comey did not constitute obstruction of Justice. Kinkopf said the independence of dozens of agencies including the FCC and the Federal Trade Commission would be unconstitutional under Barr's "unitary executive" theory that the President is essentially a one-person, all-powerful, executive branch. Kinkopf said that theory is "fundamentally inconsistent with our Constitution and deeply dangerous for our nation."