Sessions ouster puts Mueller probe back in spotlight
House Dems prepare for fight
WASHINGTON — President Trump left congressional Democrats little time to celebrate the Election Night victories that will give them control of the House before dropping bombshell news that immediately shifted Washington’s attention back to special counsel Robert Mueller’s Russia probe.
Attorney General Jeff Sessions’ resignation yesterday, submitted at Trump’s behest, and Trump’s announcement that Sessions’ chief of staff Matthew Whitaker would temporarily replace him, set up an immediate battle with Democratic congressional leaders, who cited Whitaker’s hostile views toward the Mueller investigation in their demands for his recusal.
Whitaker, who as acting attorney general assumes oversight of the Mueller probe from Deputy Attorney General Rod Rosenstein until a Senate-confirmed replacement is installed to fill the vacancy, said in a 2017 CNN interview that Trump could fire Sessions and slash Mueller’s funding “so low that his investigation grinds to almost a halt.”
“Mueller has come up to a red line in the Russia 2016 election-meddling investigation that he is dangerously close to crossing,” Whitaker said.
Though the ouster of Sessions was expected some time after the election — Trump has repeatedly, publicly blasted Sessions as disloyal for his recusal from Russia-related matters — the timing caught Washington by surprise. Sen. Chuck Schumer (D-N.Y.), the top Democrat in the Senate, was informed of the move while giving a live televised press conference about the election.
“Oh!” Schumer said after being passed a note about the news.
“I will say this: Protecting Mueller and his investigation is paramount,” Schumer said. “It would create a constitutional crisis.”
Schumer later demanded that Whitaker recuse himself from overseeing the Mueller probe, a sentiment echoed by his House counterpart Rep. Nancy Pelosi, who is set to regain the House speaker’s gavel next term.
“Given his record of threats to undermine & weaken the Russia investigation, Matthew Whitaker should recuse himself from any involvement in Mueller’s investigation,” Pelosi tweeted.
But it’s unclear whether Whitaker’s past statements rise to the legal level of conflict that would keep him from assuming control of the Mueller probe.
It’s also likely that Mueller anticipated this scenario, and has acted accordingly to protect the investigation even if Congress can’t.
“He may already have indicted people, and the indictments are under seal,” said former federal prosecutor and legal analyst Renato Mariotti.