Democrats’ previous confirmation hearing flubs loom over the Barrett proceedings

Sen. Dianne Feinstein (Calif.), the ranking Democrat on the Judiciary Committee, declared midway through the day that Barr was “doing well.” She was then asked whether he had an easy path to confirmation. “I think so, we’ll see,” she said.

After Barr explained why he might not release special counsel Robert S. Mueller III’s report — citing legal constraints — but would be as transparent as he could in his own report, Feinstein thanked him, saying: “Well, I can only speak for this side and maybe not all this side, but we really appreciate that.”

Sen. Christopher A. Coons (D-Del.), likewise, seemed impressed with Barr’s answers regarding Mueller, telling him at one point, “I am encouraged by things you’ve said about this.” He later told CNN that “broadly speaking,” he was happy with Barr, while reserving judgment about Barr’s treatment of the Mueller report and a couple of other issues. Sen. Sheldon Whitehouse (D-R.I.) agreed that Barr “did pretty well” and left open the possibility of voting for him.

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The Democrats on the Judiciary Committee rarely connected the dots on these issues in real time. Feinstein even seemed to offer a course-correction Wednesday morning, when she started the next Barr hearing by saying she wouldn’t vote for him unless he would make the Mueller report public. That was difficult to square with her stated appreciation for Barr’s answer on that topic Tuesday.

Even when Democrats did raise concerns, they were generally muted. They didn’t really dispute Barr’s claims of his own limitations. They could have come loaded with specific laws or Justice Department rules to fight back, but they didn’t. It was as though they were resigned to Barr’s confirmation, and any concessions he would make were purely voluntary.