USA TODAY US Edition

Sessions is unlikely hero of Russia probe

He’s running Justice by the book despite pressure

- Cameron Smith and Norman Eisen Cameron Smith, general counsel and vice president for the R Street Institute, was counsel to Jeff Sessions on the Senate Judiciary Committee. Norman Eisen, a senior fellow at the Brookings Institutio­n, was President Obama’s

One of us is a supporter of Attorney General Jeff Sessions and a former aide to him. The other has been a critic of many of his positions. Yet we agree that thanks to his leadership, the Justice Department has operated as it should when it comes to the Trump-Russia investigat­ion and its offshoots.

Last week was one of the most remarkable in the department’s history. It began with the risk of mass firings by President Trump to thwart the investigat­ion led by special counsel Robert Mueller. It ended with Congress demanding and immediatel­y leaking heretofore sacrosanct investigat­ive documents (the “Comey memos”) and reports that Sessions warned the White House he would resign should Trump attempt to fire Deputy Attorney General Rod Rosenstein (who oversees the Mueller investigat­ion).

We are relieved — and a little amazed — that the Justice Department endured these challenges. Sessions, Rosenstein and Mueller still have their jobs despite the reported presidenti­al threats.

With the day-to-day chaos of news cycles, it’s easy to lose sight of the Justice Department’s consistenc­y over the past year regarding the Russia probe.

It begins with Sessions’ recusal from matters related to the Trump campaign. That wasn’t a close call from a legal and ethical standpoint. Sessions surely knew he would face presidenti­al rage. Yet he did it anyhow, a decision that remains the original sin in Trump’s eyes, both because Sessions failed to protect him and because that recusal opened the door to a special counsel.

In Mueller, Rosenstein chose an eminently qualified special counsel and set a clear goal — to investigat­e “any links and/or coordinati­on between the Russian government and individual­s associated with the campaign of President Donald Trump.” The appointmen­t also authorized Mueller “to prosecute federal crimes arising from the investigat­ion” that he believes are “necessary and appropriat­e.” And Mueller has done so without fear or favor.

Nor has Mueller overreache­d. For in- stance, instead of investigat­ing Trump lawyer Michael Cohen, he referred the matter to federal prosecutor­s in the Southern District of New York U.S. attorney’s office. They determined not only that enough evidence existed for a search warrant, but also that it necessitat­ed a search of an attorney’s office for privileged informatio­n.

Justice Department Inspector General Michael Horowitz, meanwhile, issued a report that justified the firing of Deputy FBI Director Andrew McCabe. Agree or disagree, it is further evidence that Justice is investigat­ing claims of corruption and misconduct and acting accordingl­y.

And when Republican­s in Congress have pressured Sessions to appoint additional special counsels to investigat­e a wide range of matters, he has reminded the legislativ­e branch of the “extraordin­ary conditions” necessary to warrant such appointmen­ts. And Sessions enlisted U.S. Attorney John Huber — an Obama appointee renominate­d by Trump — to help Horowitz determine whether misconduct allegation­s at Justice merit further investigat­ion.

We have no way of predicting whether this trend will continue. The top leadership of the Justice Department might not make it through this week. The president could try to fire or pardon his way out of any exposure in the Russia or Cohen investigat­ions. Or House Republican leaders may devise some new test for Rosenstein and the department that they cannot pass.

Even so, we take some hope in the pattern. America’s answer to the passionate discord of political ideology is a shared faith in the rule of law. When our personal viewpoints clash, the dispassion­ate enforcemen­t of our laws steadies our republic. For whatever disagreeme­nts we may have on policy preference­s, we must applaud Sessions, Rosenstein, Mueller and the Justice Department for taking a practical approach to the law in spite of tremendous political pressure to do it violence.

 ??  ?? STEVE SACK, STAR TRIBUNE, POLITICALC­ARTOONS.COM
STEVE SACK, STAR TRIBUNE, POLITICALC­ARTOONS.COM

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