Santa Fe New Mexican

Sessions finds silver lining in recusal

No longer involved in 2016 election investigat­ion, AG can focus on reshaping Justice priorities

- By Eric Tucker

WASHINGTON — The political cloud over Attorney General Jeff Sessions’ decision to step back from any investigat­ion touching the Trump campaign may have a silver lining for a law enforcemen­t officer who appears preoccupie­d by violent crime, drugs and immigratio­n.

Now that Sessions will no longer oversee any investigat­ion into the 2016 election, his path to continue a refashioni­ng of the Justice Department may be even clearer.

Those efforts began almost immediatel­y after he was sworn in last month. While Thursday’s announceme­nt may have taken attention from trying to chip away at Obama administra­tion priorities, Sessions seems poised to resume the mission he carried into the job.

Sessions’ early words and actions are consistent with the tough-on-crime reputation the former federal prosecutor cultivated as an Alabama senator, and they foreshadow an unmistakab­le pivot in critical areas of civil rights, criminal justice and drug policy.

The speed with which Sessions has moved to undo some of the legacy items of his Democratic-appointed predecesso­rs has dismayed critics.

“There have been transition­s before where the department headed off in new directions, but there is traditiona­lly a period of new people coming in and studying and learning about issues before taking bold and dramatic new policy directions,” said William Yeomans, who spent nearly 30 years at the department. “This is probably unpreceden­ted in the speed and dramatic change in course that’s happened.”

In a matter of weeks, the Sessions Justice Department lifted anti-discrimina­tion guidelines meant to ensure transgende­r students could use school restrooms of their choice.

He repealed a memo that directed the department to phase out the use of private prisons, signaling he sees them as necessary for the future. The department also changed its position in a critical voting rights case in Texas, abandoning its yearslong opposition to a critical aspect of the state’s voter ID law.

Though the Justice Department’s push to overhaul troubled police agencies was a staple effort of the last administra­tion, Sessions announced his desire to “pull back” on federal scrutiny of local law enforcemen­t, winning praise from some quarters.

Even as Sessions outlined his vision for the department at his confirmati­on hearing, he was tailed by questions about whether he would withdraw from any investigat­ion involving the Trump campaign and Russian meddling in the election.

The changed legal positions already advanced by Sessions means minority voters looking to prove that the state’s strict voter ID law is intentiona­lly discrimina­tory will probably have to do without the federal government’s backing, as will transgende­r students who argue that the law allows them to use the bathroom that matches their gender identity.

Yeomans said that though changes in litigating positions do occur and are sometimes dictated by court deadlines, the department must always be concerned not to undermine its own legitimacy by too drastic a reversal.

“When it has been taking one position in court, and suddenly comes back in and takes the opposite position — and the only thing that’s changed is an election — it looks like the department is being driven by politics,” Yeomans said.

 ?? SUSAN WALSH/ASSOCIATED PRESS FILE PHOTO ?? Now that Attorney General Jeff Sessions will no longer oversee any probe into the election, his path is cleared to quickly refashion the Justice Department and chip away at priorities of the Obama administra­tion.
SUSAN WALSH/ASSOCIATED PRESS FILE PHOTO Now that Attorney General Jeff Sessions will no longer oversee any probe into the election, his path is cleared to quickly refashion the Justice Department and chip away at priorities of the Obama administra­tion.

Newspapers in English

Newspapers from United States