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Matt Whitaker participates in a roundtable at the Department of Justice on August 29, 2018 in Washington, DC
Puce Somodevilla / Getty Images
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Puce Somodevilla / Getty Images
Matt Whitaker participates in a roundtable at the Department of Justice on August 29, 2018 in Washington, DC
Puce Somodevilla / Getty Images
Former Attorney General George W. Bush questions President Trump's power to appoint Matthew Whitaker as Acting Attorney General, stating that there are "legitimate issues" on the verge of knowing if the selection can be maintained without confirmation by the Senate.
In an interview with NPR, Alberto Gonzales, who was Attorney General from 2005 to 2007, also stated that Whitaker's critical comments made about Robert Mueller's investigation into Russia's interference in the election of 2016 "call into question his impartiality".
Gonzales' comments add to the crowd of critics over Whitaker's appointment since Jeff Sessions announced Wednesday his resignation from his position as Attorney General at the request of the president. In selecting Whitaker, who held the position of Sessions' chief of staff, the president passed under the authority of the head of the investigation on Mueller, Deputy Attorney General Rod Rosenstein.
"Frankly, this is a problem for me, because the idea that the chief of staff who is not confirmed by the Senate would have more experience, more wisdom and better judgment than somebody else. one like the Deputy Attorney General or even the Solicitor General, in the line of presidential succession within the Ministry of Justice, that confuses me, "said Gonzales in an interview Saturday to Michel Martin of NPR.
The appointment of Whitaker has fueled uncertainty about the future of the Mueller investigation. Many Democrats have now urged the former US lawyer and Division I football player to recuse himself from overseeing the investigation.
These concerns stem from Whitaker's comments prior to his arrival at the Department of Justice last year. In an editorial for CNN, Whitaker argued that Mueller's investigation had gone too far. He also told the network that he might consider a scenario in which Sessions would be replaced by a Attorney General who "would reduce [Mueller’s] budget so low that his investigation is almost blocked. "
In another interview last year with the majority of Wilkow on SiriusXM radio, Whitaker said about the Mueller case investigation: "The truth is that There was no collusion with the Russians and the Trump campaign … The Russians intervened in the election, but it is not collusion with the campaign. "
Speaking to Whitaker's past statements, Gonzales said he wondered "whether placing Mr. Whitaker in this position at that time was wise". Even though the appointment is legal, said Gonzales, Whitaker's comments have raised "a whole spectrum of whether or not he should recuse himself, so again, we're back in the situation where you have the the department questionable whether or not they can effectively lead the ministry in one of the most politically responsible investigations that is taking place. "
On Friday, President Trump responded to criticism that he had named Whitaker to curb the investigation, saying he had not told him about the investigation. The president also said, "I do not know Matt Whitaker," even though he has met him more than a dozen times. In October, President Trump also told Fox News: "Matt Whitaker is a great man, I mean, I know Matt Whitaker."
Whitaker's links with a witness of the Mueller case investigation, Sam Clovis, add to the concerns of the Democrats. In 2014, Whitaker chaired the Clovis Campaign for the Treasurer of the State of Iowa. Clovis continued to work as an advisor for the Trump campaign and would be one of the campaign leaders who reportedly spoke to another assistant, George Papadopoulos, about openings Papadopoulos was getting from Russians in London.
The Washington Post, quoting "two people close to Whitaker," reported Thursday that the new Acting Attorney General had no intention of recusing himself from the investigation into Russia. In a statement released Wednesday, Whitaker said he was "determined to lead a fair department that meets the highest ethical standards, upholding the rule of law and seeking justice for all Americans."
As Miles Parks and Philip Ewing of NPR reported this week, Whitaker could complicate Mueller's work in several ways:
One is simply to refuse to pay investigators or lawyers working for the special advocate. Or by reassigning them to their previous jobs in the FBI and the Justice Department or in the intelligence sector.
Another solution is to limit the power of Mueller and his office to carry out the desired investigations.
… When the office of the special advocate wants to issue a subpoena, send an investigator or summon witnesses to a grand jury, the Deputy Attorney General is often involved. If the new Justice Department officials did not want to move forward, this could limit Mueller's ability to investigate as he pleases.
And, at the very least, having a Attorney General who is not recused from Mueller's work could give the White House a clearer insight into the inside.
Gonzales said that he was not sure what could be done if Whitaker decided to stop the investigation on Mueller. Such a dramatic step is sure to trigger a fight between Congress and the executive over access to what Mueller has found so far, he said.
"The [Justice] The department can simply assert a privilege based on the privilege of law enforcement to protect the integrity of the investigation and encourage an honest dialogue between investigators and prosecutors. It remains to be seen whether this privilege will be maintained in the court or not, "he said.
But Gonzales said that should not be necessary.
"I am extremely concerned that a change may have been made here to put an end to an investigation that, in all respects, is almost over," he said. "I think we just have to wait and let this problem unfold, let Bob Mueller write his report and inform the Americans of what really happened here."
The audio version of this story was produced by Dana Cronin and Ammad Omar.
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