Sessions insists ‘factual basis’ will determine appointment of counsel, not Trump

The New York Times reports: President Trump did not need to send a memo or telephone his attorney general to make his desires known. He broadcast them for all the world to see on Twitter. The instruction was clear: The Justice Department should investigate his defeated opponent from last year’s campaign.

However they were delivered, Mr. Trump’s demands have ricocheted through the halls of the Justice Department, where Attorney General Jeff Sessions has now ordered senior prosecutors to evaluate various accusations against Hillary Clinton and report back on whether a special counsel should be appointed.

Mr. Sessions has made no decision, and in soliciting the assessment of department lawyers, he may be seeking a way out of the bind his boss has put him. At a congressional hearing on Tuesday, he pushed back against Republicans impatient for a special counsel. But if he or his deputy ultimately does authorize a new investigation of Mrs. Clinton, it would shatter post-Watergate norms intended to prevent presidents from using law enforcement agencies against political rivals.

The request alone was enough to incite a political backlash, as critics of Mr. Trump quickly denounced what they called “banana republic” politics of retribution, akin to autocratic nations where election losers are jailed by winners.

“You can be disappointed, but don’t be surprised,” said Karen Dunn, a former prosecutor and White House lawyer under President Barack Obama who advised Mrs. Clinton during her campaign. “This is exactly what he said he would do: use taxpayer resources to pursue political rivals.” [Continue reading…]

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