With new Justice official, fate of Russia probe in question

WASHINGTON (AP) — Attorney General Jeff Sessions was pushed out after enduring more than a year of blistering and personal attacks from President Donald Trump, who inserted in his place a Republican Party loyalist with authority to oversee the remainder of the special counsel's Russia investigation.

sessions

Jeff Sessions returns to his home in Washington, Wednesday, Nov. 7, 2018. Sessions was pushed out Wednesday as Attorney General after enduring more than a year of blistering and personal attacks from President Donald Trump over his recusal from the Russia investigation. Sessions told the president in a one-page letter that he was submitting his resignation "at your request." (AP Photo/Susan Walsh)


The move Wednesday has potentially ominous implications for special counsel Robert Mueller's probe given that the new acting attorney general, Matthew Whitaker, until now Sessions' chief of staff, has questioned the inquiry's scope and spoke publicly before joining the Justice Department about ways an attorney general could theoretically stymie the investigation.

Congressional Democrats, concerned about protecting Mueller, called on Whitaker to recuse himself from overseeing the investigation in its final but potentially explosive stages.

That duty has belonged to Deputy Attorney General Rod Rosenstein, who appointed Mueller and closely monitors his work.

The resignation, in a one-page letter to Trump, came one day after Republicans lost control of the House and was the first of several expected post-midterms Cabinet and White House departures. Though Sessions was an early and prominent campaign backer of Trump, his departure letter lacked effusive praise for the president and made clear the resignation came "at your request."

"Since the day I was honored to be sworn in as attorney general of the United States, I came to work at the Department of Justice every day determined to do my duty and serve my country," Sessions wrote.

The departure was the culmination of a toxic relationship that frayed just weeks into Sessions' tenure, when he stepped aside from the Russia investigation because of his campaign advocacy and following the revelation that he had met twice in 2016 with the Russian ambassador to the U.S.

Trump blamed the recusal for the appointment of Mueller, who took over the Russia investigation two months later and began examining whether Trump's hectoring of Sessions was part of a broader effort to obstruct the probe.

The investigation has produced 32 criminal charges and guilty pleas from four former Trump aides. But the work is not done, and critical decisions await that could shape the remainder of Trump's presidency.

A Kremlin spokesman, Dmitry Peskov, on Thursday called Mueller's investigation a "headache" for U.S. authorities but said it "has nothing to do with us," and he declined to comment on Sessions' departure.

Mueller's grand jury has heard testimony for months about Trump confidant Roger Stone and what advance knowledge he may have had about Russian hacking of Democratic emails. Mueller's team also has been pressing for an interview with Trump. And the department is expected to receive a confidential report of Mueller's findings, though it's unclear how much will be public.

Separately, Justice Department prosecutors in New York secured a guilty plea from Trump's former personal lawyer, Michael Cohen, who said the president directed him to arrange hush money payments before the 2016 election to two women who said they had sex with Trump.

Trump had repeatedly been talked out of firing Sessions until after the midterms, but he told confidants in recent weeks that he wanted Sessions out as soon as possible after the elections, according to a Republican close to the White House who was not authorized to publicly discuss private conversations.

The president deflected questions about Sessions' expected departure at a White House news conference Wednesday. He did not mention that White House chief of staff John Kelly had called Sessions beforehand to ask for his resignation. The undated letter was then sent to the White House.

The Justice Department did not directly answer whether Whitaker would assume control of Mueller's investigation, with spokeswoman Sarah Isgur Flores saying he would be "in charge of all matters under the purview of the Department of Justice."

Rosenstein remains at the department and could still be involved in oversight. He has previously said that he saw no basis for firing Mueller. Trump said Wednesday that he did not plan to stop the investigation.

Without Sessions' campaign or Russia entanglements, there's no legal reason Whitaker couldn't immediately oversee the probe. And since Sessions technically resigned instead of forcing the White House to fire him, he opened the door under federal law to allowing the president to choose his successor instead of simply elevating Rosenstein, said University of Texas law professor Stephen Vladeck.

"Sessions did not do the thing he could have done to better protect Rosenstein, and through Rosenstein, the Mueller investigation," Vladeck said.

That left Whitaker in charge, at least for now, though Democrats, including Rep. Nancy Pelosi and Sen. Chuck Schumer, said he should recuse himself because of his comments on the probe. Rep. Jerry Nadler, the top Democrat on the House Judiciary Committee, said he wants "answers immediately" and "we will hold people accountable."

Whitaker, a former U.S. attorney from Iowa who twice ran unsuccessfully for statewide office and founded a law firm with other Republican Party activists, once opined about a scenario in which Trump could fire Sessions and then appoint an acting attorney general who could stifle the funding of Mueller's probe.

In that scenario, Mueller's budget could be reduced "so low that his investigation grinds to almost a halt," Whitaker said during an interview with CNN in July 2017 before he joined the Justice Department.

In a CNN op-ed last year, Whitaker wrote, "Mueller has come up to a red line in the Russia 2016 election-meddling investigation that he is dangerously close to crossing."

Trump's relentless attacks on Sessions came even though the Alabama Republican was the first U.S. senator to endorse Trump and despite the fact his crime-fighting agenda and priorities, particularly his hawkish immigration enforcement policies, largely mirrored the president's.

He found satisfaction in being able to reverse Obama-era policies that conservatives say flouted the will of Congress, encouraging prosecutors to pursue the most serious charges they could and promoting more aggressive enforcement of federal marijuana law.

He also announced media leak crackdowns and tougher policies against opioids, and his Justice Department defended a since-abandoned administration policy that resulted in migrant parents being separated from their children at the border.

But the relationship was irreparably damaged in March 2017 when Sessions, acknowledging previously undisclosed meetings with the Russian ambassador and citing his work as a campaign aide, recused himself from the Russia investigation.

Trump repeatedly lamented that he would have never selected Sessions if he had known the attorney general would recuse himself. The recusal left the investigation in the hands of Rosenstein, who appointed Mueller two months later after Trump fired then-FBI Director James Comey.

In piercing attacks, Trump called Sessions weak and beleaguered, complained that he wasn't more aggressively pursuing allegations of corruption against Democratic rival Hillary Clinton and called it "disgraceful" that Sessions wasn't more serious in scrutinizing the origins of the Russia investigation for possible law enforcement bias — even though the attorney general did ask the Justice Department's inspector general to examine those claims.

The broadsides escalated in recent months, with Trump telling an interviewer that Sessions "never had control" of the Justice Department.

Sessions endured most of the name-calling in silence, though he did issue two public statements defending the department, including one in which he said he would serve "with integrity and honor" for as long as he was in the job.

Sessions, who likely suspected his ouster was imminent, was spotted by reporters giving some of his grandchildren a tour of the White House over the weekend. He did not respond when asked why he was there.

___

Associated Press writers Jonathan Lemire and Mary Clare Jalonick in Washington and Ryan Foley in Iowa City, Iowa, contributed to this report.


Acting attorney general has questioned Mueller investigation

By RYAN J. FOLEY ,  Associated Press

IOWA CITY, Iowa (AP) — The man who will serve at least temporarily as the nation's top law enforcement official is a relatively inexperienced Republican Party loyalist from Iowa who has called for limiting special counsel Robert Mueller's investigation.

Matthew G. Whitaker, 49, will become the nation's acting attorney general following the forced resignation of Jeff Sessions. President Donald Trump announced the appointment Wednesday, saying on Twitter that Whitaker "will serve our Country well" and that a permanent attorney general will be nominated later.

session whitaker

FILE - In this April 24, 2014, file photo, then-Iowa Republican senatorial candidate and former U.S. Attorney Matt Whitaker watches before a live televised debate in Johnston, Iowa. President Donald Trump announced in a tweet that he was naming Whitaker, as acting attorney general, after Attorney General Jeff Sessions was pushed out Nov. 7, 2018, as the country's chief law enforcement officer after enduring more than a year of blistering and personal attacks from Trump over his recusal from the Russia investigation. (AP Photo/Charlie Neibergall, File)


The former federal prosecutor served as Sessions' chief of staff for one year.

The bulk of Whitaker's relevant experience came when he served as U.S. attorney for the Southern District of Iowa from 2004 until 2009, a position for which he was recommended by Iowa Republican Sen. Chuck Grassley, now chairman of the Senate Judiciary Committee. In that role, the telegenic former college football player managed attorneys who prosecuted federal crimes and represented the government in civil matters in half of Iowa.

Recent acting and permanent attorneys general have been longtime government lawyers or high-ranking politicians with more experience navigating Washington than Whitaker.

Critics worry that Whitaker may be unlikely or unwilling to defend the Department of Justice's independence against political interference by the White House, given his history of partisanship and loyalty to Trump. Senate Minority Leader Chuck Schumer said Wednesday that Whitaker should recuse himself from overseeing the Mueller investigation given his previous public comments that appeared to exhibit hostility toward the inquiry.

During a brief stint last year as a conservative legal commentator on CNN, Whitaker often appeared as a Trump defender, saying he saw no evidence the president colluded with Russians during the 2016 campaign or obstructed justice. He wrote last year on CNN.com that Deputy Attorney General Rod Rosenstein should limit the scope of Mueller's investigation to stop him from delving into Trump's finances.

"If he doesn't, then Mueller's investigation will eventually start to look like a political fishing expedition. This would not only be out of character for a respected figure like Mueller, but also could be damaging to the President of the United States and his family — and by extension, to the country," he wrote.

He also said on CNN last year that he could see a scenario in which Sessions' replacement doesn't fire Mueller but "just reduces his budget to so low that his investigation grinds to almost a halt."

Asked whether Whitaker would assume control over Mueller's investigation, Justice Department spokeswoman Sarah Flores said Whitaker would be "in charge of all matters under the purview of the Department of Justice." The agency did not announce a departure for Rosenstein, who appointed Mueller and has closely overseen his work.

Des Moines attorney Guy Cook, a Democrat who has known Whitaker for years, called him a clear thinker and a "no-nonsense guy who is not to be underestimated."

"But I think most importantly, from the president's perspective, he's loyal," Cook said. He said that reasonable people can agree with Whitaker's perspective on the Mueller investigation, but "I'm sure that's something that got the president's attention."

Grassley said Whitaker "will work hard and make us proud," saying that the department would be in good hands during the transition.

Most of Whitaker's career has been spent in private practice, including at a Des Moines law firm he founded with other Republican Party activists in 2009. He has twice failed in bids for statewide elected office, most recently losing the 2014 GOP primary for the U.S. Senate to now-Sen. Joni Ernst.

After that campaign, Whitaker helped start and served for three years as executive director for the Foundation for Accountability and Civic Trust, a self-described "ethics watchdog" that often targets Democratic officials and groups with misconduct investigations and complaints. He has said that Hillary Clinton should have been prosecuted for her email scandal as secretary of state and that Trump made the right call in firing FBI Director James Comey. He earned $402,000 in 2016, the group's tax filing shows.

Whitaker has also cultivated close relationships with Republican leaders and activists during the Iowa caucuses, the first-in-the-nation presidential nominating contests that occur every four years. He served as state chairman during the 2012 election cycle for former Minnesota Gov. Tim Pawlenty's campaign. After Pawlenty's bid fizzled, he served in the 2012 and 2016 presidential campaigns of Rick Perry, the former Texas governor who is now energy secretary.

Whitaker grew up in the Des Moines suburb of Ankeny. He attended the University of Iowa on a football scholarship, playing tight end under the legendary coach Hayden Fry and catching a pass for the Hawkeyes in the 1991 Rose Bowl. He majored in communications studies as an undergraduate and was interested in broadcasting and film production. He later earned an MBA and a law degree from the school.

After starting his career in private practice, Whitaker first ran for office in 2002, losing a race for state treasurer to longtime Democratic incumbent Michael Fitzgerald. President George W. Bush appointed him as the U.S. attorney based in Des Moines in 2004.

During his tenure, his office was accused of having political motivations in bringing an extortion charge against then-Democratic state Sen. Matt McCoy, which stemmed from a dispute McCoy had with a business partner. Whitaker denied that accusation, and McCoy was acquitted at a 2007 trial.