Sen. Coons: “I am concerned that Attorney General Sessions has not honored the scope of these recusals.”

Sen. Coons pushes specifically on Sessions’ role in firing former FBI Director Comey

Sen. Coons: “Whether Mr. Comey was fired because of the Clinton email investigation or the investigation into collusion between the Trump campaign and Russia during the presidential campaign, the reason for Mr. Comey’s dismissal falls squarely within Attorney General Sessions’ recusals.”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, today sent a letter to Robin C. Ashton, Counsel, Office of Professional Responsibility in the Department of Justice to request information about whether Attorney General Sessions has violated his recusals. The Senator also requested information on the systems, policies, and procedures in place at the Department of Justice to effectuate the recusals, document and communicate their scope, and ensure compliance.

“I am concerned that Attorney General Sessions has not honored the scope of these recusals.  His involvement in the dismissal of FBI Director James Comey is especially troubling,”Senator Coons says in the letter.  “Whether Mr. Comey was fired because of the Clinton email investigation or the investigation of collusion between the Trump campaign and Russia during the presidential election, the reason for Mr. Comey’s dismissal falls squarely within Attorney General Sessions’ recusals. “

Recusals protect our democratic institutions from conflicts of interest, so the public knows that investigatory and prosecutorial decisions are made based on the facts and the law, not personal biases, political relationships, or financial interests. There is serious concern that Attorney General Sessions has not honored the scope of these recusals; most notably, his involvement in the dismissal of FBI Director James Comey.  As a result, Senator Coons believes that it is more important than ever that the public knows whether proper procedures are in place to document and communicate the scope of recusals, ensure compliance, and provide notice of any violations.

Read the full letter below:

July 27, 2017

Robin C. Ashton

Counsel, Office of Professional Responsibility

The Department of Justice

950 Pennsylvania Avenue, NW

Washington, D.C. 20530-0001

Dear Ms. Ashton:

I am writing to request information regarding Attorney General Sessions’ recusals, including the systems, policies, and procedures in place at the Department of Justice to effectuate the recusals, document and communicate their scope, and ensure compliance.

Recusals are not simply legal technicalities.  They protect our democratic institutions from conflicts of interest, so the public knows that investigatory and prosecutorial decisions are made based on the facts and the law, not personal biases, political relationships, or financial interests.  Federal regulations require recusal of Department of Justice employees from criminal investigations and prosecutions where the employee “has a personal or political relationship with . . . [a]ny person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or . . . which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.” Additionally, executive branch employees generally cannot knowingly participate in a “particular matter involving specific parties [that] is likely to have a direct and predictable effect on the financial interest of a member of his household” without express agency approval.

To comply with his legal obligations, Attorney General Sessions publicly announced his recusal from two matters.  At his Senate confirmation hearing, then-Senator Sessions confirmed that, as attorney general, he would “recuse [him]self from both the Clinton email matter and any investigation involving the Clinton foundation.”  Later on, after public reports of his undisclosed meetings with Russian officials, Attorney General Sessions announced that he was “recus[ing] [him]self from any existing or future investigations of any matters related in any way to the campaigns for President of the United States,” including, most notably, the investigation of Russian interference in the 2016 presidential election and possible collusion between Russian officials and the Trump campaign.

I am concerned that Attorney General Sessions has not honored the scope of these recusals.  His involvement in the dismissal of FBI Director James Comey is especially troubling.  Two justifications have been offered for Mr. Comey’s dismissal:

?         On May 9, the day of Mr. Comey’s dismissal, the White House released a statement representing that President Trump based his decision “on the clear recommendations of both Deputy Attorney General Rod Rosenstein and Attorney General Jeff Sessions.”  The rationale supporting these recommendations came in the form of Deputy Attorney General Rosenstein’s memo, which focused exclusively on Director Comey’s conduct during the Clinton email investigation.  This memorandum was addressed to the Attorney General, despite Attorney General Sessions being recused from its subject matter.

?         On May 11, in an interview with NBC News, President Trump stated that “[r]egardless of recommendation [he] was going to fire Comey,” claiming that “this Russia thing with Trump and Russia is a made up story.”

Whether Mr. Comey was fired because of the Clinton email investigation or the investigation of collusion between the Trump campaign and Russia during the presidential election, the reason for Mr. Comey’s dismissal falls squarely within Attorney General Sessions’ recusals. 

As a result, it is more important than ever that we know whether proper procedures are in place to document and communicate the scope of recusals, ensure compliance, and provide notice of any violations.  Please provide answers to the following questions, based on relevant provisions of the American Bar Association Model Rules of Professional Conduct and National District Attorneys Association National Prosecution Standards Manual.

  1. Provide documentation of Attorney General Sessions’ recusals, including any communications circulated to White House staff, Department of Justice employees, and outside lawyers retained to work on these matters announcing the recusals and/or defining their scope, as well as a list of individuals to whom the communications were distributed.
  2. Provide documentation completed by Attorney General Sessions acknowledging his obligations under the terms of the recusals, such as his obligation not to communicate with any other employees at the White House, Department of Justice, or outside lawyers regarding matters on which he is recused, to the extent such documentation exists.
  3. Describe in detail how new matters are evaluated to determine whether they are within the scope of Attorney General Sessions’ recusals, including criteria applied to this assessment, the names of the personnel involved, and related documentation.
  4. Describe all systems, policies, and procedures that are in place to ensure that Attorney General Sessions does not have access to documents or communications related to the matters on which he is recused, including but not limited to documents and communications in electronic form.
  5. Provide all written notice and instructions given to White House staff, Department of Justice employees, and outside lawyers retained to work on these matters prohibiting any communication with Attorney General Sessions regarding matters on which he is recused, as well as a list of individuals to whom the notice and instructions were distributed.
  6. Explain the protocol for reporting known or suspected violations of the recusal, including but not limited to the names of the individuals who are responsible for receiving reports, the names of individuals who are responsible for determining whether a violation occurred, documentation of the protocol, and a list of individuals to whom that protocol was distributed.
  7. Provide all documents and communications that have issued to Attorney General Sessions and/or to White House staff, Department of Justice employees, and outside lawyers reminding the recipients of the scope of Attorney General Sessions’ recusals, a list of individuals to whom the documents and communications were distributed, as well as the intervals at which such reminders are issued.
  8. Report any violations of Attorney General Sessions’ recusals to the Senate Judiciary Committee within 10 business days of their occurrence or, if not discovered within that time period, within 3 business days of their discovery.

I look forward to your response as soon as possible but no later than August 10, 2017.

Sincerely,

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