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Sessions says DoJ regulations requiring recusal ‘basically had the impact of law’; Questions Tuberville’s commitment to Trump’s China, trade policies

What happened regarding the 2017 decision by then-U.S. Attorney General Jeff Sessions to recuse himself from involvement in any investigation into allegations of Russian interference in the 2016 presidential election will have a lasting impact on presidential appointments for the foreseeable future.

Future presidents and presidents-elect will be reluctant to appoint anyone politically active to the U.S. Attorney General post in the future given the interpretation of the Department of Justice regulations on investigations into campaigns.

During an interview that aired on Auburn radio’s WQSI, Sessions, candidate for U.S. Senate in Alabama, explained the regulation he was following and how it was “basically” the law. He also called his decision fundamental in that a law enforcement official could not investigate himself.


“The code of federal regulations is where it is,” Sessions said. “It’s not just guidance, letter or a policy point from the attorney general or something. It is a notice. It is published nationwide. People can hear it, make complaints to it, and then it becomes adopted. For the people at the Department [of Justice], it basically has the impact of law. The attorney general can’t change it, number one. Number two, it’s just basic. The district attorney in Lee County can’t investigate if he worked at a bank the bank he worked at, where he would be a witness to the investigation, in which they may have suggested he was involved in wrongdoing at the bank. You can’t investigate yourself. This is a fundamental principle. But the regulation says if you participate in a political organization in a substantial role, you’re not able to investigate yourself.”

Sessions noted former New York City Mayor Rudy Giuliani, Sens. Chuck Grassley (R-IA) and Lindsey Graham (R-SC), U.S. Attorney General William Barr, and former U.S. Attorneys General Ed Meese and Mike Mukasey agreed with his decision to recuse himself from the Russia investigation.

When asked if he would accept the appointment now knowing what he knows, Sessions offered his mindset on the 2016 offer from then-President-elect Trump.

“Look, I believe that I was ready to lead that department,” he said. “I spent 14 years in that department. I had supervisory oversight for 20 years. I knew what the problems were, and we did some tremendous things.”

When asked for a yes or no answer regarding what he might do had he known about the obstacles that were to lie ahead for him when offered the post, Sessions declined.

“You can’t go back on those kinds of things, Jeff,” he replied. “That’s just a silly thought, frankly. I don’t mean to be dismissive, but we’re not going there. I took the job. I did my best duty. I serve at the pleasure of the president. The question is right now — we talked about my situation over and over and over again. Let’s talk about Tommy Tuberville.”

Sessions went on to raise his July 14 GOP primary opponent Tommy Tuberville’s comments about U.S. policy regarding China, trade.

“Who is going to help the president carry out his agenda?” Sessions added.

@Jeff_Poor is a graduate of Auburn University and the University of South Alabama, the editor of Breitbart TV, a columnist for Mobile’s Lagniappe Weekly and host of Huntsville’s “The Jeff Poor Show” from 2-5 p.m. on WVNN.

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