Earlier today, the news broke that AG Jeff Sessions had finally named the Federal Prosecutor that he had alluded to last week, who has been quietly looking into multiple issues (Clinton Foundation, Uranium One, FBI wrongdoing, etc.) for quite some time. According to a Fox News article,
In a letter directed to Senate Judiciary Chairman Chuck Grassley, House Judiciary Committee Chairman Bob Goodlatte and House Oversight Committee Chairman Trey Gowdy, Sessions revealed that he asked U.S. Attorney John Huber to lead the evaluation into issues raised by the committees in recent months.
“I write in response to recent letters requesting the appointment of a Special Counsel to review certain prosecutorial and investigative determinations made by the Department of Justice in 2016 and 2017. I take the concerns you raise seriously,” Sessions wrote, noting how important it was that the American people and Congress had “confidence” in the Justice Department.
Sessions referenced a November 2017 letter sent by Assistant Attorney General Stephen Boyd, first reported by Fox News, directing senior federal prosecutors to evaluate “certain issues” requested by congressional Republicans, involving the sale of Uranium One and alleged unlawful dealings related to the Clinton Foundation.
On Nov. 13, 2017, Boyd wrote: “These senior prosecutors will report directly to the Attorney General and the Deputy Attorney General [Rod Rosenstein], as appropriate, and will make recommendations as to whether any matters not currently under investigation should be opened, whether any matters currently under investigation require further resources, or whether any matters merit the appointment of a Special Counsel.”
Sessions revealed Thursday in the letter to top Republican lawmakers in both chambers of Congress that Huber was the senior federal prosecutor leading that effort.
“Mr. Huber is conducting his work from outside the Washington D.C. area and in cooperation with the Inspector General,” Sessions said, noting that Huber’s review would “include a full, complete, and objective evaluation of these matters in a manner that is consistent with the law and facts.”
Huber is a federal prosecutor, twice confirmed, unanimously, by the Senate as U.S. attorney for the District of Utah in 2015 and again in 2017. Huber previously served in leadership roles within the U.S. Attorney’s Office as national security section chief and executive assistant U.S. attorney.
“I receive regular updates from Mr. Huber and upon the conclusion of his review, will receive his recommendations as to whether any matters not currently under investigation should be opened, whether any matters currently under investigation require further resources, or whether any matters merit the appointment of a Special Counsel,” Sessions said.
Huber ultimately would be the prosecutor to decide whether issues raised by Republicans in Congress warrant the appointment of a second special counsel, Sessions said.
The attorney general cited U.S. Code, noting that the appointment of a special counsel was “reserved for use in only the most ‘extraordinary circumstances,'” and that any special counsel must be “selected from outside the United States Government.”
“To justify such an appointment, the Attorney General would need to conclude that ‘the public interest would be served by removing a large degree of responsibility for the matter from the Department of Justice,” the letter read.
Sessions added, “The Department has successfully investigated and prosecuted many high-profile resource-intensive matters since the regulations were promulgated in 1999, but the regulations’ standard has been found to be satisfied on only two occasions,” and said it was “more common” to appoint “accountable prosecutors” to conduct investigations within the department.
On March 6, Gowdy, R-S.C., and Goodlatte, R-Va., penned a joint letter to Sessions demanding the appointment of a special counsel to investigate “conflicts of interest” and decisions “made and not made” by current and former Justice Department officials in 2016 and 2017, noting that “the public interest requires” the action.
The letter cited potential Foreign Intelligence Surveillance Act (FISA) abuses, which Justice Department Inspector General Michael Horowitz announced Wednesday would be investigated by his team.
“The Office of Inspector General will initiate a review that will examine the Justice Department’s and the Federal Bureau of Investigation’s compliance with legal requirements, and with applicable DOJ and FBI policies and procedures, in applications filed with the U.S. Foreign Intelligence Surveillance Court (FISC) relating to a certain U.S. person,” the Horowitz statement obtained by Fox News read. “As part of this examination, the OIG also will review information that was known to the DOJ and the FBI at the time the applications were filed from or about an alleged FBI confidential source.”
Sessions told lawmakers in his Thursday letter that he understood the Justice Department was “not above criticism,” and noted that if anyone “falls short” of the “highest level of integrity, ethics and professionalism,” he would act.
“I will fulfill my responsibility to take necessary action to protect the integrity of our work,” Sessions wrote, thanking the lawmakers for their “leadership” on the matters, and stating that he would make their letters available to both Huber and Horowitz.
OK, so… NO second special counsel… for now, at least. That’s a pretty big bummer, if you ask me… but there just might be some super special political jujitsu going on here, too.
Let’s think about this for a moment. If AG Jeff Sessions WERE to announce a second special counsel right now, the Left would go completely insane (or at least more insane than they already are) and would probably claim that Sessions (and President Trump) are trying to jail their political opponents, while never taking into consideration the CRIMES that had been committed.
HOWEVER, if U.S. Attorney Huber and I.G. Horowitz investigate everything, and THEY conclude that there are indeed serious crimes that have been committed, but that they couldn’t complete their investigation because they could only interview people that are still working in the agencies (and can’t compel anyone who no longer works in the agencies to talk to them) then AG Sessions HAS to appoint a 2nd Special Counsel at that point, and there’s no real argument that the Left can say about it, either.
You have to admit, that’s kind of brilliant! It takes ALL of the political heat off of President Trump, and off of AG Sessions too… so long as he sticks to the recommendations after Huber/Horowitz’s investigation. He is following the letter of the Law – and letting the facts lead the investigation(s) forward. The rationale for the appointment of a 2nd Special Counsel would be AIRTIGHT.
The problem with all of this, however, is TIME. These investigations take a tremendous amount of time… and we don’t have any time to waste, either!! If we are super duper lucky, Huber and Horowitz will have some recommendations in a few months, forcing Sessions to appoint a 2nd Special Counsel right before the Midterms. Granted, it’s doubtful, but AG Sessions DID say that Huber has been working on all of this for quite some time… so hopefully he already has a pretty good head start at this point.
If we keep following that hopeful timeline, then maybe – just maybe – the 2nd Special Counsel will wrap up right before the 2020 election. Again, that’s doubtful… but it’s possible! Wouldn’t that be glorious to see Democrat after Democrat to to JAIL at the same time that they are trying to campaign for whoever their Presidential Democrat candidate is?? I’m already laughing just thinking about it!!!
Stay tuned! It’s going to be an interesting year! #MAGA! 🙂