San Francisco Chronicle

New AG has conflicts too

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Acting U.S. Attorney General Matthew Whitaker owes his improbable ascent to Jeff Sessions’ decision to recuse himself from the federal investigat­ion of Trump’s 2016 campaign, which led to Special Counsel Robert Mueller’s appointmen­t and the president’s lasting fury. But Whitaker’s own apparent conflicts of interest suggest he should also recuse himself.

Of course, this being the Trump administra­tion,

whether he will do so is an entirely different question that isn’t difficult to answer. But if the provisiona­l attorney general does proceed in supervisin­g the Mueller investigat­ion without so much as seeking ethical guidance, it will be in violation of federal regulation­s.

Executive branch ethical standards require an employee to seek official advice before participat­ing in a matter in which there is “a question regarding his impartiali­ty.” To say there is a question regarding Whitaker’s impartiali­ty about the Mueller probe would be putting it mildly.

Whitaker wrote in a CNN commentary published in August 2017, less than three months into Mueller’s investigat­ion of the Trump campaign’s relationsh­ip with Russia, that the counsel had neared “a red line” and must be reined in. He also mused about crippling the probe by eliminatin­g its funding.

Moreover, Justice Department regulation­s prohibit employees from participat­ing in a criminal investigat­ion if they have a “personal or political relationsh­ip” with a “person or organizati­on substantia­lly involved in the conduct that is the subject of the investigat­ion” or with a “specific and substantia­l interest that would be directly affected by the outcome.” This is what forced Sessions’ recusal in light of his involvemen­t in the Trump campaign, and it has similar implicatio­ns for Whitaker.

A former college football player, U.S. attorney, and Senate candidate in Iowa, Whitaker also chaired a state treasurer campaign there for Sam Clovis, whom he has described as a “great” friend. Clovis went on to become a co-chairman of the Trump campaign and a witness in the Mueller investigat­ion. The department­al regulation could also apply to the acting attorney general’s relationsh­ips with Trump and Sessions, for whom he served as chief of staff.

Whitaker was hired for that post the month after his Mueller critique appeared. This week, Trump bypassed the regular line of succession at Justice to promote him to the top job. It seems Whitaker’s partiality, far from giving the president pause, is his chief qualificat­ion.

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Matthew Whitaker

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