Democrats Find New Leverage In Push for Special Prosecutor

President Trump’s nominee for Deputy Attorney General, U.S. Attorney for Maryland Rod Rosenstein, may have to contend with more hurdles in his upcoming confirmation process than anyone bargained for. When Attorney General Jeff Sessions recused himself from any departmental investigations of the Trump administration’s ties to Russia he provided leverage for Democratic senators in their ongoing call for a special prosecutor.

In the absence of the Attorney General, the responsibility for naming a special prosecutor falls to the Deputy Attorney General. Since the firing of Sally Yates in February, Acting Attorney General Dana Boente has filled the position, but Rosenstein’s nomination will come before the Senate Judiciary Committee this month. Senators on the committee can insist that Rosenstein name a special prosecutor before they advance his nomination out of committee.

Historical precedent exists for such a move. In 1973, then President Nixon nominated Elliot Richardson to the position of Attorney General. During confirmation hearings with the Judiciary Committee, senators not only insisted that Richardson commit to appointing a special prosecutor to investigate Nixon, they forced him to name his appointment — one-time Solicitor General Archibald Cox. Then both Richardson and Cox were questioned by the committee about Cox’s potential degree of independence in the future investigation. Only then was Richardson advanced out of committee. Soon after Cox was named special prosecutor and Richardson eventually resigned rather than be forced by Nixon to fire him.

Cox, and his eventual successor Leon Jaworski, were followed on the list of special prosecutors by Kenneth Starr, whose Whitewater investigation eventually led to President Clinton’s impeachment proceedings. Patrick Fitzgerald was then appointed to investigate the exposure of Valerie Plame during the administration of President George W. Bush. Adding to historical precedent, Fitzgerald was appointed by then-Deputy General James Comey after Attorney General John Ashcroft recused himself.

Seven out of the nine Democratic current members of the Senate Judiciary Committee, including ranking member Dianne Feinstein (D-CA), have already called for a special prosecutor, as has Republican Lindsey Graham (R-SC). If Graham joins all the Democratic members of the committee in demanding that Rosenstein name a special prosecutor in his confirmation hearing they can hold his nomination in committee until he does.

Current members of the Senate Judiciary Committee include Chuck Grassley (R-IA), Dianne Feinstein (D-CA), Orrin Hatch (R-UT), Patrick Leahy (D-VT), Lindsey Graham (R-SC), Dick Durbin (D-IL), John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Michael Lee (R-UT), Amy Klobuchar (D-MN), Ted Cruz (R-TX), Al Franken (D-MN), Ben Sasse (R-NE), Christopher Coons (D-DE), Jeff Flake (R-AZ), Richard Blumenthal (D-CT), Mike Crapo (R-ID), Mazie Hirono (D-HI) and Thom Tillis (R-NC).

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— Asha Sanaker

(Photo Credit: Glenn Fawcett / Public Domain)