On the heels of a report Attorney General Jeff Sessions was not planning to recuse himself from the Michael Cohen investigation, giving him access to information and the power to weigh in on prosecutorial decisions, the Senate Appropriations Committee asked questions about the issue during an oversight hearing.
Attorney General Jeff Sessions declined to say Wednesday whether he has recused himself from a federal criminal probe into President Donald Trump's personal attorney Michael Cohen, but the top law enforcement official said he would do so if he learns that the inquiry is related to the 2016 presidential campaign.
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"I am honoring the recusal in every case and every matter that comes before the Department of Justice," Sessions said. "I committed to that in my confirmation hearing and will continue to honor that."
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Pressed by Sen. Patrick Leahy (D-Vt.) on whether he has stepped aside from the Cohen case, Sessions said he could not elaborate because he could not reveal sensitive details about ongoing investigations.
"It is the policy of the Department of Justice that those who recuse themselves not state the details of it or confirm the existence of an investigation," Sessions replied, while acknowledging that he has not met the top DOJ ethics official to discuss the issue. "I feel like I'm following the rules of the department, which I'm trying to teach all our people to do. I feel I should not answer the question."
"Recusal is not discretionary," Leahy responded. "It's required by Justice Department regulations when you have a political relationship with the president and the president has specific and substantial interests in the investigation."
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Later in the hearing Wednesday, Sen. Chris Coons (D-Del.) came back at the issue, asking Sessions whether he would step aside from the Cohen probe if he discovers that it is connected to the 2016 campaign.
"Yes," Sessions replied, without elaborating.
Lawmakers also confronted Sessions on the issue of President Trump's ongoing attacks on the Department of Justice and the FBI over the Russia investigation.
Under questioning from Sen. Lindsey Graham (R-S.C.), Sessions defended [Rod] Rosenstein.
"He works every day to do the job that he is called upon to do," Sessions said. The attorney general didn't finish his thought but was apparently referring to Rosenstein's role regarding Mueller's investigation. "I do have confidence in him," the attorney general added.
Sessions rebuffed questions from Sen. Jeanne Shaheen (D-N.H.) about whether he thinks the attorney general can fire a special counsel or whether the president has the legal authority to do so directly.
"I am recused from that matter," the attorney general said. "I believe it is not appropriate for me to opine or give my thoughts, given the fact that I’m recused."
Leahy called on Sessions to counter Trump's sharp criticism of the Justice Department and his repeated threats to remove top officials he considers responsible for the ongoing special counsel investigation.
"I've been here 44 years. I’ve never seen such attacks," Leahy said of Trump's comments. "You're at the helm of a Justice Department under siege. This is your chance to talk about how you’re going to protect it."
At the outset of the hearing, the attorney general paid tribute to law enforcement, but he was careful to couple that statement with a suggestion that some of the criticism FBI and other officials have faced from Trump may have been warranted.
Sessions refuses to say if he’s recusing himself from Cohen probe (The Hill)
Sessions won't say if he's recused from Michael Cohen probe (Politico)