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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: 609810

Reported Deaths: 7746
CountyCasesDeaths
Hennepin1263481799
Ramsey53049910
Dakota47251475
Anoka43239465
Washington27676296
Stearns22670227
St. Louis18260319
Scott17701139
Wright16528153
Olmsted13517103
Sherburne1213096
Carver1074649
Clay829692
Rice8252111
Blue Earth770744
Crow Wing688599
Kandiyohi670085
Chisago627054
Otter Tail590687
Benton585398
Goodhue485674
Douglas478481
Mower477633
Winona463752
Itasca462768
Isanti446066
McLeod434361
Morrison427962
Beltrami410263
Nobles410050
Steele400819
Polk390872
Becker389357
Lyon365254
Carlton356958
Freeborn351134
Pine337623
Nicollet334245
Mille Lacs314956
Brown308840
Le Sueur299727
Cass288233
Todd288233
Meeker266044
Waseca240823
Martin237033
Roseau212421
Wabasha20843
Hubbard198041
Dodge18973
Renville183446
Redwood178141
Houston175516
Cottonwood168224
Wadena165023
Fillmore159210
Faribault156920
Chippewa154038
Pennington153820
Kanabec147828
Sibley147310
Aitkin139237
Watonwan13619
Rock129019
Jackson123112
Pipestone117126
Yellow Medicine115320
Pope11396
Swift107518
Murray107410
Koochiching96819
Stevens92611
Clearwater89217
Marshall88817
Lake84520
Wilkin83813
Lac qui Parle76122
Big Stone6094
Grant5958
Lincoln5863
Mahnomen5669
Norman5509
Kittson49122
Unassigned48293
Red Lake4037
Traverse3825
Lake of the Woods3484
Cook1740

Iowa Coronavirus Cases

Data is updated nightly.

Cases: 374664

Reported Deaths: 6109
CountyCasesDeaths
Polk58891646
Linn21448342
Scott20426250
Black Hawk16680319
Woodbury15319230
Johnson1473686
Dubuque13595213
Dallas1144099
Pottawattamie11307177
Story1082848
Warren592092
Clinton564393
Cerro Gordo562297
Webster538996
Sioux519174
Muscatine4920106
Marshall491479
Des Moines478275
Jasper452073
Wapello4366123
Buena Vista431040
Plymouth404982
Lee392658
Marion369177
Jones301257
Henry301037
Bremer292763
Carroll286252
Boone271234
Crawford270841
Benton262755
Washington259851
Dickinson250745
Mahaska232551
Jackson225842
Kossuth219166
Clay217327
Tama213372
Delaware211743
Winneshiek200636
Buchanan196734
Page195422
Cedar192923
Hardin191144
Wright189140
Fayette188243
Hamilton186851
Harrison181973
Clayton173057
Butler167835
Madison167719
Floyd164642
Mills163824
Cherokee161538
Lyon160941
Poweshiek159036
Allamakee155552
Hancock153134
Iowa148324
Winnebago145731
Calhoun143113
Cass140855
Grundy139333
Emmet136741
Jefferson134535
Sac132620
Shelby131838
Louisa130249
Union129535
Appanoose128049
Franklin127823
Mitchell127243
Chickasaw125717
Guthrie124532
Humboldt124526
Palo Alto114924
Montgomery106738
Howard105322
Clarke102424
Monroe100633
Keokuk99932
Ida92735
Adair89632
Davis86825
Pocahontas86822
Monona85931
Greene79111
Osceola79017
Lucas77423
Worth7568
Taylor67112
Decatur6629
Fremont64810
Ringgold56824
Van Buren56718
Wayne56323
Audubon52913
Adams3494
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