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Graham: Rosenstein may have to recuse himself from Russia probe

Deputy Attorney Rod Rosenstein is "conflicted" as the head of the Russia inquiry and may have to recuse himself if he...

Posted: Jun 5, 2018 4:53 PM
Updated: Jun 5, 2018 4:53 PM

Deputy Attorney Rod Rosenstein is "conflicted" as the head of the Russia inquiry and may have to recuse himself if he witnessed President Donald Trump attempt to interfere with the investigation, according to a senior Senate Republican.

In a move that could add new pressure on Rosenstein, Sen. Lindsey Graham, a member of the Senate Judiciary Committee, told CNN Tuesday that he has written a letter questioning the deputy attorney general's role in charge of special counsel Robert Mueller's investigation.

He noted that Rosenstein may be a witness to the firing of former FBI Director James Comey, a matter that the Mueller team has been investigating for months to determine whether the president inappropriately sought to interfere with the Russia investigation.

"I think Rosenstein is conflicted," Graham told CNN. "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."

The comments come as Rosenstein already has faced sharp criticism from Trump and growing scrutiny from House Republicans, who have demanded a swath of documents while warning they may hold him in contempt of Congress if the Justice Department fails to fully comply. While Senate Republicans have largely shied away from that fight with Rosenstein, Graham's concerns could pick up steam in GOP circles as Republicans raise questions about how the Mueller investigation is being carried out.

In the May 31 letter, Graham noted that Trump initially relied on a Rosenstein memo from May 2017 as his justification for firing Comey. He asked Rosenstein if he considers himself a "potential witness" regarding the firing of Comey.

"If so, should you recuse yourself from further interactions with and oversight of the Mueller investigation?" Graham asked in the letter.

Justice officials could not immediately be reached for comment on the letter.

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.

"You know he's a fine man, very ethical, good guy, but we're going to have to play this thing straight," Graham said Tuesday in the Capitol. "And here's the question for Rosenstein, 'If you're going to be a fact witness as to why Comey was fired, how do you stay involved?'"

Graham on Tuesday also broke with Trump, who publicly berated Attorney General Jeff Sessions for recusing himself from overseeing the investigation into any potential collusion between the Trump campaign and Russia -- because Sessions played a major role in the Trump campaign. Graham said Sessions made the right call.

"I don't think there's any lawyer in the country that would advise Jeff Sessions not to recuse himself," Graham said. "I like Jeff. He serves at the pleasure of the President. Replacing Jeff Sessions would be chaos. But after Mueller does his job, then I think if he wants a different attorney general it would be easier to do."

Minnesota Coronavirus Cases

Data is updated nightly.

Cases: 547101

Reported Deaths: 7056
CountyCasesDeaths
Hennepin1139831672
Ramsey47188850
Dakota41764418
Anoka37816415
Washington24550273
Stearns20738218
St. Louis16572296
Scott15682117
Wright14561125
Olmsted1264796
Sherburne1037380
Carver964944
Clay773889
Rice7506101
Blue Earth687340
Kandiyohi622679
Crow Wing603586
Chisago541549
Otter Tail537473
Benton524597
Mower448632
Douglas437270
Winona436649
Goodhue435371
Nobles397848
Morrison389159
McLeod385754
Beltrami369257
Isanti367559
Itasca362552
Polk359866
Steele354614
Becker349348
Lyon345048
Carlton325352
Freeborn323629
Pine307521
Nicollet303242
Brown292239
Mille Lacs274849
Le Sueur267622
Todd266430
Cass245926
Meeker230337
Waseca228720
Martin210729
Wabasha19903
Roseau194818
Hubbard169241
Dodge16914
Renville169143
Redwood164835
Houston162014
Cottonwood154120
Fillmore15109
Pennington149019
Chippewa144236
Faribault142419
Wadena142021
Sibley134010
Aitkin127536
Kanabec126821
Watonwan12509
Rock121818
Jackson115410
Yellow Medicine109819
Pipestone108825
Murray10189
Pope9946
Swift98018
Marshall84717
Stevens79910
Lake77919
Koochiching76412
Wilkin76312
Clearwater76114
Lac qui Parle73422
Big Stone5564
Lincoln5562
Grant5428
Norman5169
Mahnomen4898
Unassigned48278
Kittson46122
Red Lake3827
Traverse3595
Lake of the Woods2983
Cook1440

Iowa Coronavirus Cases

Data is updated nightly.

Cases: 356437

Reported Deaths: 5797
CountyCasesDeaths
Polk55735598
Linn20229329
Scott18871234
Black Hawk15498306
Woodbury14858219
Johnson1395580
Dubuque13097202
Dallas1086796
Pottawattamie10668160
Story1027747
Warren552386
Clinton535489
Cerro Gordo520486
Webster507691
Sioux504873
Marshall476674
Muscatine456896
Des Moines440465
Wapello4250120
Buena Vista421440
Jasper407370
Plymouth395979
Lee367255
Marion354275
Jones292755
Henry286037
Bremer278560
Carroll278550
Crawford261739
Boone257231
Benton249555
Washington249149
Dickinson240443
Mahaska223849
Jackson217842
Kossuth212362
Clay209325
Tama206571
Delaware202039
Winneshiek193733
Page190320
Buchanan188131
Cedar183123
Fayette182841
Hardin179242
Wright179135
Hamilton177749
Harrison175273
Clayton166455
Butler162334
Mills158120
Cherokee156638
Floyd155042
Lyon154041
Madison153019
Poweshiek152333
Allamakee149051
Iowa145124
Hancock143334
Winnebago135731
Grundy135032
Cass134454
Calhoun133011
Jefferson130535
Emmet128240
Shelby127137
Sac126619
Appanoose126547
Louisa126349
Mitchell125241
Union123932
Chickasaw122515
Humboldt118026
Guthrie117328
Franklin112521
Palo Alto110121
Howard102622
Unassigned10010
Montgomery100037
Clarke98023
Keokuk94330
Monroe93428
Ida89233
Adair84232
Pocahontas83221
Monona80930
Davis79924
Greene76410
Lucas74922
Osceola74716
Worth7058
Taylor65112
Fremont61210
Decatur5899
Van Buren55518
Ringgold53522
Wayne51923
Audubon4949
Adams3274
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