A Failed Administration: Both President And Attorney General May Have Committed Impeachable Offenses

With Donald Trump facing considerable criticism for the firing of James Comey (along with multiple other faults), we must also keep in mind that there are other terrible people in  his administration. Among them is Attorney General Jeff Sessions. The Hill reports that Democrats are questioning his role in the firing of Comey:

The top Democrats on two powerful House committees are calling for a report on possible disciplinary actions against Attorney General Jeff Sessions for his role in FBI Director James Comey’s firing.

The Democrats say Sessions may have violated his pledge to recuse himself from any investigations involving Russia’s effort to influence U.S. elections.

In a letter to Deputy Attorney General Rod Rosenstein, House Oversight Committee ranking member Elijah Cummings (D-Md.) and Judiciary Committee ranking member John Conyers Jr. (D-Mich.) pressed the Justice Department to explain Sessions’ role in President Trump’s decision to fire Comey.

“Federal law sets forth as a penalty for recusal violations removal from office, and the Attorney General’s violation in this case appears to be particularly grave,” the letter reads.

This criticism isn’t limited to Democrats. Conservative columnist Jennifer Rubin has a similar opinion:

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.

Yes, impeachment. The Attorney General appears to have committed grounds for impeachment. In addition, Donald Trump firing Jame Comey because he refused to pledge loyalty to him may be worse than firing him to obstruct the Russia investigation. Either way, it is grounds for impeachment, not that we can count on the Republicans to act on this.

But back to Jeff Sessions, he is also showing that he is a problem with regards to policy, seeking to escalate the failed drug war by increasing sentences for violations of current drug laws. Former Attorney General Eric Holder responded by calling Sessions’s policy “dumb on crime.”

“It is an ideologically motivated, cookie-cutter approach that has only been proven to generate unfairly long sentences that are often applied indiscriminately and do little to achieve long-term public safety.”

In the memo, Sessions told federal prosecutors to “pursue the most serious, readily provable offense” that by definition “carry the most substantial guidelines sentence, including mandatory minimums.”

Holder also said, “Abandoning this evidence-based progress and turning back the clock to discredited, emotionally motivated, ideological policy also threatens the financial stability of the federal criminal justice system.”

Clinton’s Firing Of FBI Director Was Not Comparable To Trump Firing Comey

I have criticized much in Bill Clinton’s conservative record, and certainly am not defending Clinton out of any partisan loyalty, but the Republican defense of Trump’s firing of James Comey because Bill Clinton fired an FBI director does not hold up. Clinton acted in a bipartisan manner, basing his actions on an investigation which started under George H. W. Bush. He fired William Sessions over financial improprieties, not because the FBI director was investigating his administration. When the FBI director he appointed began to investigate him, perhaps Clinton wished he could fire him, but he did not.

It remains unprecedented for a president to fire an FBI director while his administration was under investigation, violating principles of justice and of the independence of the FBI.

Vox looks at Bill Clinton’s actions in far greater detail. I discussed the firing of James Comey, including several other opinions, here and here.