Friday, May 12, 2017

Could Jeff Sessions Be Disbarred for the Comey Firing?

The firing of FBI Director James Comey seems to be putting more and more of Der Trumpenführer's surrogates and henchmen in jeopardy.  Not only have many gone before the press and lied through their teeth about the made up reasons for Comey's firing, but some could have set themselves up for disbarment.  In particular, I'm speaking about Attorney General Jeff Sessions - with whom I interacted when I lived in Mobile, Alabama and found to be a foul individual - who has seemingly violated his recusal from any aspects of the  Russia investigations.  This could potentially lead to disbarment proceedings or, worse for Sessions, possible charges for obstruction of justice.   A piece in New York Magazine looks at the legal jeopardy that Sessions has placed himself in as a result of his quest to align himself with a deplorable individual.  Here are article highlights:
In March, Attorney General Jeff Sessions, having suddenly remembered he had some meetings with the Russian ambassador to the United States that he had earlier denied, recused himself from involvement in “any existing or future investigations of any matter relating in any way to the campaigns for president of the United States.”
So to those who have concluded that the Comey firing was at least partly about angst over his investigation of the Trump-Russia campaign, Sessions’s involvement in said firing would seem to violate his recusal pledge. And as Jennifer Rubin points out, that is an act with consequences:
Refusing to recuse oneself from a conflict or breaking the promise to recuse from a conflict is a serious breach of legal ethics. “Someone could file a bar complaint, and/or one with DOJ’s office of professional responsibility, if Sessions had a conflict of interest when it came to the firing decision, and if he did not follow the ethics rules, including those of DOJ by acting when he had a conflict of interest,” legal ethics expert Norman Eisen tells me. “The fact that he broke his recusal commitment, if he did, would be relevant context, and violating an agreement can sometimes in itself be an ethics violation.” In sum, Sessions has risked his law license, whether he realized it or not.  He needs to testify immediately under oath; if there is no satisfactory explanation, he must resign. The alternative could be impeachment proceedings.
Democrats on Capitol Hill have been raising alarms about the issue, with Senator Ron Wyden calling on Sessions to resign over the breach of the recusal pledge.
The immediate counter from Team Trump, of course, is that Sessions’s letter recommending Comey’s firing didn’t mention or even allude to the Russian investigation.
No so fast, say Susan Hennessey and Quinta Jurecic at Lawfare Blog:
[E]ven if we accept the White House’s stated rationale that the Director was fired because of his controversial conduct surrounding the Clinton email investigation, this might still fall within the scope of Sessions’ expansive pledge to recuse himself from “any existing or future investigations of any matters related in any way to the campaigns for President of the United States.”
In any event, the possibility that Sessions broke his vow in his haste to help his boss get rid of this troublesome subordinate is worth further inquiry. And maybe the attorney general should get himself some high-life legal representation, since aside from the risk of disbarment, he shares the president’s vulnerability to a charge of obstruction of justice, if it turns out the whole thing was an effort to stop investigations into suspicions about collusion between Team Trump and Team Putin.

One can only hope that as with Watergate, Russiagate will not only sweep away the president but also many of his minions. Let's hope the web of collusion and now cover up and obstruction of justice has long tentacles.  

No comments: