The President Again Seeks to Have Sessions Reverse his Recusal

The President Again Seeks to Have Sessions Reverse his Recusal

¶After returning Sessions's resignation letter at the end of May 2017, but before the President's July 19, 2017 New York Times interview in which he publicly criticized Sessions for recusing from the Russia investigation, the President took additional steps to have Sessions reverse his recusal. In particular, at some point after the May 17, 2017 appointment of the Special Counsel, Sessions recalled, the President called him at home and asked if Sessions would "unrecuse" himself.⁷³⁶⁷³⁶ Sessions 1/17/18 302, at 15. That was the second time that the President asked Sessions to reverse his recusal from campaign-related investigations. See Volume II, Section II.C.1, supra (describing President's March 2017 request at Mar-a-Lago for Sessions to unrecuse). According to Sessions, the President asked him to reverse his recusal so that Sessions could direct the Department of Justice to investigate and prosecute Hillary Clinton, and the "gist" of the conversation was that the President wanted Sessions to unrecuse from "all of it," including the Special Counsel's Russia investigation.⁷³⁷⁷³⁷ Sessions 1/17/18 302, at 15. Sessions listened but did not respond, and he did not reverse his recusal or order an investigation of Clinton.⁷³⁸⁷³⁸ Sessions 1/17/18 302, at 15.

¶In early July 2017, the President asked Staff Secretary Rob Porter what he thought of Associate Attorney General Rachel Brand.⁷³⁹⁷³⁹ Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6. Porter recalled that the President asked him if Brand was good, tough, and "on the team."⁷⁴⁰⁷⁴⁰ Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6. The President also asked if Porter thought Brand was interested in being responsible for the Special Counsel's investigation and whether she would want to be Attorney General one day.⁷⁴¹⁷⁴¹ Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6. Because of Sessions's recusal, if Rosenstein were no longer in his position, Brand would, by default, become the DOJ official in charge of supervising the Special Counsel's investigation, and if both Sessions and Rosenstein were removed, Brand would be next in line to become Acting Attorney General for all DOJ matters. See 28 U.S.C. § 508. Because Porter knew Brand, the President asked him to sound her out about taking responsibility for the investigation and being Attorney General.⁷⁴²⁷⁴² Porter 4/13/18 302, at 11; Porter 5/8/18 302, at 6. Contemporaneous notes taken by Porter show that the President told Porter to "Keep in touch with your friend," in reference to Brand.⁷⁴³⁷⁴³ SC_RRP000020 (Porter 7/10/17 Notes). Later, the President asked Porter a few times in passing whether he had spoken to Brand, but Porter did not reach out to her because he was uncomfortable with the task.⁷⁴⁴⁷⁴⁴ Porter 4/13/18 302, at 11-12. In asking him to reach out to Brand, Porter understood the President to want to find someone to end the Russia investigation or fire the Special Counsel, although the President never said so explicitly.⁷⁴⁵⁷⁴⁵ Porter 4/13/18 302, at 11-12. Porter did not contact Brand because he was sensitive to the implications of that action and did not want to be involved in a chain of events associated with an effort to end the investigation or fire the Special Counsel.⁷⁴⁶⁷⁴⁶ Porter 4/13/18 302, at 11-12. Brand confirmed that no one ever raised with her the prospect of taking over the Russia investigation or becoming Attorney General. Brand 1/29/19 302, at 2.

¶McGahn recalled that during the summer of 2017, he and the President discussed the fact that if Sessions were no longer in his position the Special Counsel would report directly to a non- recused Attorney General.⁷⁴⁷⁷⁴⁷ McGahn 12/14/17 302, at 11. McGahn told the President that things might not change much under a new Attorney General.⁷⁴⁸⁷⁴⁸ McGahn 12/14/17 302, at 11. McGahn also recalled that in or around July 2017, the President frequently brought up his displeasure with Sessions.⁷⁴⁹⁷⁴⁹ McGahn 12/14/17 302, at 9. Hicks recalled that the President viewed Sessions's recusal from the Russia investigation as an act of disloyalty.⁷⁵⁰⁷⁵⁰ Hicks 3/13/18 302, at 10. In addition to criticizing Sessions's recusal, the President raised other concerns about Sessions and his job performance with McGahn and Hicks.⁷⁵¹⁷⁵¹ McGahn 12/14/17 302, at 9; Hicks 3/13/18 302, at 10.