The End Of The Session(s), Con't

As widely expected, Attorney General Jeff Sessions is resigning at request of Donald Trump, just hours after Trump earlier today at a press conference said that he'd rather discuss that prospect at another time.  Apparently that "other time" was on Twitter this afternoon.

Jeff Sessions resigned from his role as attorney general at President Donald Trump’s request on Wednesday.

Sessions was an early supporter of Trump’s campaign and one of the first people nominated to his Cabinet. But the president grew publicly frustrated with Sessions’ leadership of the Justice Department, specifically his March 2017 decision to recuse himself from the investigation into Russian interference in the 2016 election and alleged coordination with the Trump campaign. Shortly afterward, in May 2017, deputy Attorney General Rod Rosenstein decided to appoint Robert Mueller as special counsel to lead the FBI’s Russia investigation ― a decision that also angered Trump.

Trump’s frustration with Sessions became undeniable in late May of this year, when Trump tweeted that he wished he hadn’t named Sessions as head of the Justice Department.

The president’s remarks came a day after The New York Times reported that he’d asked Sessions to reverse his recusal from the Russia probe shortly after the attorney general announced it. Trump later pushed back, claiming that Sessions never told him he planned to recuse himself.

So at this point, we see what happens.  I told you two months ago this was coming. Sessions will be replaced by his Chief of Staff, Matthew Whitaker, as acting AG, which automatically means Rod Rosenstein is no longer overseeing the Mueller probe because Sessions was recused.  Whitaker apparently has no such qualms and is now in charge.

If you have any doubt as to what's about to happen, before becoming Sessions's Chief of Staff, Whitaker authored this CNN piece saying Rosenstein should rein in Mueller.

Any investigation into President Trump's finances or the finances of his family would require Mueller to return to Rod Rosenstein for additional authority under Mueller's appointment as special counsel. 

If he were to continue to investigate the financial relationships without a broadened scope in his appointment, then this would raise serious concerns that the special counsel's investigation was a mere witch hunt. If Mueller is indeed going down this path, Rosenstein should act to ensure the investigation is within its jurisdiction and within the authority of the original directive.

've prosecuted several financial crimes at the federal level and I've also defended plenty in my private practice. From this unique vantage point, I can understand how a motivated prosecutor, in a broad investigation into the financial affairs of high-profile individuals, can become overzealous toward the targets of such probes -- with calamitous results. While no one is above the law, in situations such as this, any seasoned prosecutor must use discretion both judiciously and expertly. 

It is time for Rosenstein, who is the acting attorney general for the purposes of this investigation, to order Mueller to limit the scope of his investigation to the four corners of the order appointing him special counsel. 

If he doesn't, then Mueller's investigation will eventually start to look like a political fishing expedition. This would not only be out of character for a respected figure like Mueller, but also could be damaging to the President of the United States and his family -- and by extension, to the country.

Expect Whitaker to move very quickly on reining in Mueller.  There's no need to fire Rosenstein with Sessions resigning, he can do with Mueller whatever he wants.

That hammer will fall quickly and Mueller knew it was coming.  He has made preparations.  We're about to find out what they are.  Worst case scenario,the new Democratic House majority subpoenas Mueller's materials and continues from there.

Stay tuned.