Republican Senator Lindsey Graham (R-SC) is questioning why Deputy Attorney General Rod Rosenstein, who oversees the Russia investigation because Attorney General Jeff Sessions recused himself, has not bowed out as well.
CNN:
On Tuesday, South Carolina GOP Sen. Lindsey Graham told CNN he believes Rosenstein is "conflicted" from overseeing special counsel Robert Mueller's work given his role in the firing of former FBI Director James Comey -- an issue of interest to the Mueller team as it determines whether the President inappropriately sought to interfere with the Russia investigation.
"If you're looking at obstruction of justice misconduct post-presidency, the Comey firing as being a form of obstruction of justice, then Rosenstein is a key witness in that and you can't be a witness and oversee the investigation," Graham told CNN, who also sent Rosenstein a short letter last week posing questions about whether he needed to recuse from the investigation.
The Department of Justice responded to Senator Graham's letter with one of its own.
Assistant Attorney General Stephen Boyd wrote back in response Wednesday, reaffirming the department's general policy of not publicly commenting about any federal investigation, but also addressed the recusal issue.
"The Deputy Attorney General would recuse from all or part of any matter if recusal were deemed appropriate by Department officials who are informed about the matter," Boyd wrote. "Otherwise, he has a responsibility to fulfill his oath to well and faithfully execute the duties of his office."
CNN reported in April that Rosenstein has been in consultation with the senior ethics adviser at the Justice Department about this issue and has followed that individual's advice.
According to CNN, Senator Graham was not satisfied with the DOJ's answer.
Rosenstein has faced sharp criticism from President Donald Trump and House Republicans, who have threatened to hold him in contempt of Congress if he fails to comply with their document requests on a variety of issues related to the Russia investigation. Thus far, Senate Republicans have largely shied away from that fight.
Justice Department tells Graham that Rod Rosenstein will recuse if 'deemed appropriate' (CNN)