President Trump’s nominee for attorney general, William Barr, wouldn’t commit to recusing himself from the special counsel’s probe after writing a memo that was critical of Robert Mueller’s investigation.

Sen. Pat Leahy questioned Barr during his Senate Judiciary Committee confirmation hearing Tuesday about whether he would seek and follow the advice of the Justice Department’s career ethics officials about recusal.

“I will seek the advice of the career ethics personnel, but as head of the agency, I make the decision of my recusal,” he said. “At the end of the day, I would make my decision based on the law and the facts.”

Leahy, a Democrat from Vermont, also asked if the president had the power to pardon someone in exchange for promising not to incriminate the president.

“No. That would be a crime,” Barr said.

Questioned about comments from Trump’s lawyer Rudy Giuliani that the president wanted the chance to “correct” Mueller’s report before it is made public, Barr said: “That will not happen.”

Barr wrote the Justice Department an unsolicited memo last year that called Mueller’s investigation “fatally misconceived.”

Earlier, during grilling by Sen. Dianne Feinstein, Barr said he would not interfere in Mueller’s probe.

“The scope of the special counsel’s investigation is set by his charter and by the regulations, and I will ensure those are maintained,” Barr said.

He responded “absolutely” when asked if he would ensure that Mueller was not terminated without good cause.