U.S. Department of Justice
Attorney Work Product // May Contain Material Protected Under Fed. R. Crim. P. 6(e)
interpreted the call as an effort by the President to "pull [him] in," but he did not perceive the call as an attempt by the President to find out what Comey was doing with the Flynn investigation.[1]
The next morning, the President called McGahn and urged him to contact Sessions to tell him not to recuse himself from the Russia investigation.[2] McGahn understood the President to be concerned that a recusal would make Sessions look guilty for omitting details in his confirmation hearing: leave the President unprotected from an investigation that could hobble the presidency and derail his policy objectives; and detract from favorable press coverage of a Presidential Address to Congress the President had delivered earlier in the week.[3] McGahn reached out to Sessions and reported that the President was not happy about the possibility of recusal.[4] Sessions replied that he intended to follow the rules on recusal."[5] McGahn reported back to the President about the call with Sessions, and the President reiterated that he did not want Sessions to recuse."[6] Throughout the day, McGahn continued trying on behalf of the President to avert Sessions's recusal by speaking to Sessions's personal counsel, Sessions's chief of staff, and Senate Majority Leader Mitch McConnell, and by contacting Sessions himself two more times.[7] Sessions recalled that other White House advisors also called him that day to argue against his recusal.[8]
That afternoon, Sessions announced his decision to recuse "from any existing or future investigations of any matters related in any way to the campaigns for President of the United States."[9] Sessions believed the decision to recuse was not a close call, given the applicable
- ↑ Comey 11/15/17 302, at 17–18.
- ↑ McGahn 11/30/17 302, at 16.
- ↑ McGahn 11/30/17 302, at 16-17; see SC_AD_00123 (Donaldson 3/2/17 Notes) ("Just in the middle of another Russia Fiasco.").
- ↑ Sessions 1/17/18 302, at 3.
- ↑ McGahn 11/30/17 302, at 17.
- ↑ McGahn 11/30/17 302, at 17.
- ↑ McGahn 11/30/17 302, at 18-19; Sessions 1/17/18 302, at 3; Hunt 2/1/18 302, at 4; Donaldson 11/6/17 302, at 8-10; see Hunt-000017; SC_AD_00121 (Donaldson 3/2/17 Notes).
- ↑ Sessions 1/17/18 302, at 3.
- ↑ Attorney General Sessions Statement on Recusal, Department of Justice Press Release (Mar, 2, 2017) ("During the course of the last several weeks, I have met with the relevant senior career Department officials to discuss whether I should recuse myself from any matters arising from the campaigns for President of the United States. Having concluded those meetings today, I have decided to recuse myself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States."). At the time of Sessions's recusal, Dana Boente, then the Acting Deputy Attorney General and U.S. Attorney for the Eastern District of Virginia, became the Acting Attorney General for campaign-related matters pursuant to an executive order specifying the order of succession at the Department of Justice. Id. ("Consistent with the succession order for the Department of Justice, … Dana Boente shall act as and perform the functions of the Attorney General with respect to any matters from
of James B. Comey, former Director of the FBI) ("[H]e called me one day… . [H]e just called to check in and tell me I was doing an awesome job, and wanted to see how I was doing.")
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