Acting attorney general Matt Whitaker has decided not to recuse himself from overseeing Robert Mueller’s investigation of alleged collusion between the Donald Trump campaign and Russia, according to media reports.
Whitaker had been under pressure to do so, on the basis of his criticisms of Mueller on cable TV and in print. In August 2017, for example, the former federal prosecutor from Iowa published an op-ed on the CNN website titled: “Mueller’s investigation of Trump is going too far.”
Mueller has exerted growing pressure on Trump with high-profile convictions and imprisonments of former top aides and a multifaceted investigation of Trump’s campaign and presidency. Spinoffs now touch Trump’s former foundation, his inaugural committee, his businesses, his tax strategy and his family.
Multiple news reports on Thursday quoting unnamed justice department officials said Whitaker, who previously was part of a company accused by the US government of running a multimillion-dollar scam, had decided not to follow the advice of at least one ethics adviser and recuse himself from oversight of the Mueller inquiry.
“Matthew Whitaker’s reported refusal to follow the recommendation of ethics officials further indicates that he views his role as serving President Trump, not the American people,” tweeted Senator Dianne Feinstein, ranking member of the Senate intelligence committee.
Trump fired attorney general Jeff Sessions a day after the November elections and installed Whitaker on an interim basis. Sessions had recused himself from oversight of the Mueller inquiry, given his role as a top adviser in the Trump campaign.
Before he fired Sessions, Trump complained frequently on Twitter and elsewhere about Sessions’ decision. Trump regularly calls the Mueller investigation a “witch hunt”, as it secures regular convictions of his former top aides.
As acting attorney general, Whitaker is senior to deputy attorney general Rod Rosenstein, who has continued in his prior role of overseeing Mueller day to day.
The oversight role includes decisions about major new directions Mueller might wish to take and budget decisions. Any report drafted by Mueller would be submitted to whoever is overseeing his work.
Whitaker’s tenure might end soon in the new year, if as expected the Republican-led Senate confirms Trump’s nominee for attorney general, William Barr. On Thursday it was revealed that Barr had also criticized an aspect of Mueller’s investigation, in an unsolicited memo sent to the justice department.
It was unclear whether Barr would recuse.
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