A recent conversation between acting attorney general Matt Whitaker with Reps. Jerry Nadler (D-NY) and Elijah Cummings (D-MD) revealed a hearing is in the future. Conservative Washington Post columnist Jennifer Rubin explained if the Democrats want to get real answers, there are specific questions they must ask.
According to a joint statement released by the men's Judiciary and Oversight and Government Reform Committees, Whitaker is open to appearing before the House Judiciary Committee when Democrats take over the House in January. Whitaker told the men that he would follow all regulations, policies, and procedures at the Justice Department.
Rubin noted it was a promise not to fire or interfere with special counsel Robert Mueller and his investigation into Russian hacking and those who knew. She noted that it's clear Democrats want to "conduct real oversight" rather than a blank check to do whatever they want.
When it comes to the questions, she wants to see asked, Rubin's surround the appointment of Whitaker himself and his intended involvement in indictments that might come from the Mueller investigation.
She began with the question of whether Whitaker could argue the constitutionality of his appointment, which many scholars have said defies the "advise and consent" of the Senate.
"Did you consult with the Justice Department’s ethics attorneys on your involvement in the Russia investigation, given your past representation of Sam Clovis and public statements about the investigation?" Rubin also wanted to know. "What did they say? Did you recuse in whole or in part? If you didn’t, isn’t there a risk at the very least of the appearance of a conflict of interest?"
She asked about information he knew about the Mueller investigation. Whitaker was former Attorney General Jeff Sessions' chief of staff, but because Sessions recused himself from the Mueller investigation, Whitaker shouldn't have any knowledge of the investigation beyond what is reported.
Rubin also asked: "Is it appropriate for the president of the United States to direct the Justice Department to prosecute a political opponent, or to lay off a political ally?"
She had several questions about specifics about Whitaker's position on obstructions of justice by the president of the United States, including interfering with investigations, false statements and trying to hide meetings.
If Trump leaves Whitaker in place, he will likely face a hearing in January unless the president makes a recess appointment.
