Sen. Lindsay Graham (R-SC) wants to know if Deputy Attorney General Rod Rosenstein — who’s overseeing special counsel Robert Mueller’s investigation — is serving as a witness in the probe, and if so, whether he should recuse himself from overseeing it.
Graham’s queries came in a letter to Rosenstein dated May 31. Graham told Fox News he sent it after a New York Times report on a memo then-FBI Deputy Director Andrew McCabe wrote about Rosenstein’s involvement in former FBI Director Jim Comey’s firing. McCabe has turned over his memo to Mueller, who is investigating Comey’s termination as part of an obstruction of justice probe.
“Do you consider yourself a potential witness in the Mueller investigation regarding the firing of Director Comey by President Trump?” Graham’s letter asks Rosenstein. “If not, why not?
“If so, should you recuse yourself from further interactions with and oversight of the Mueller investigation?”
Graham, on Fox News, pointed to the memo that Rosenstein wrote on Comey that Trump used as justification for firing Comey. (Rosenstein has said in Congressional testimony that his memo — which focused on Comey’s handling of the Hillary Clinton email probe — was “not a statement of reasons to justify a for-cause termination,” but has defended his at-times scathing assessment of Comey’s actions.)
“You can’t oversee an investigation where you’re going to be a witness in that investigation,” Graham said, later adding that he was also skeptical Rosenstein could oversee any investigation into a surveillance warrant that the FBI sought on an ex-Trump campaign advisor, since Rosenstein signed off on some of the warrant applications.
Graham reiterated his belief the Mueller should do his investigaton without interference.
The entire thing with Rosenstein is baffling to me. My best guess is that he has not recused himself out of “necessity”; i.e. that Trump attempted to involve him in the cover-up, but he fully documented his interactions at the time, and then got clearance from the ethics staff at DOJ. One does not have to recuse if one must continue to oversea something (here the KKK-elf is out, and there was no one else confirmed at the time) in the public interest.
To give an example, if Trump called up Mueller and offered him $1,000,000 and his daughter if he would drop the probe, that would not conflict Mueller out, provided he appropriately documented it as “evidence.”
But it is clear to me that Rosenstein has gotten clearance from multiple ethics people to continue to oversea the investigation.
P.s. the provision in question is this:
D(3). The employee may disqualify himself or he may be authorized in writing to participate in the matter if the interest of the Department outweighs the appearance of a conflict. The determination should be based on: a) the nature of the relationship; b) the effect of the resolution of the matter on the financial interest; c) the nature and importance of the employee’s role; d) the sensitivity of the matter; and e) the difficulty of reassigning it.
https://www.justice.gov/jmd/government-ethics-outline
I think a good argument can be made that Rosensein, provided he fully documented Trump’s approach/interactions with him at the time, can continue under this provision.
As a potential witness and maybe even a potential TARGET of Mueller’s investigation (as well as being able to derail said investigation using the powers of the Presidency), maybe Trump should recuse himself from being President while associates and members of his family are under investigation? If not, why not?
The United States of America versus the Republican Party, that’s the only way out of this mess and it’s going to take 20 years to get there.
“Graham reiterated his belief the Mueller should do his investigaton without interference.”
As he himself abuses his power to interfere. It’s like telling someone you believe in their autonomy while raping them.
“Do you consider yourself a potential witness in the Mueller investigation regarding the firing of Director Comey by President Trump?” Graham’s letter asks Rosenstein. “If not, why not?
“If so, should you recuse yourself from further interactions with and oversight of the Mueller investigation?”
bookmarking
“Graham reiterated his belief the Mueller should do his investigaton without interference.”
https://www.npr.org/2018/04/18/603693065/senate-majority-leader-says-law-to-protect-special-counsel-mueller-isnt-necessar
but anyhow