When Jeff Sessions recused himself Thursday from Russia election investigations, he did nothing to address the lingering questions
over his false testimony to Congress regarding his contacts with
Russian officials. Whether one calls that a lie, perjury, or an
accidental omission could now become the subject of an inquiry itself.
Josh Gerstein writes:
Often government officials plead guilty to contempt of Congress
charges only in exchange for not facing perjury charges—so Sessions’
legal vulnerabilities could depend on how much new information turns up
regarding his communications with Russia."It is, at best, very misleading testimony," said Richard Painter, formerly the top ethics lawyer in President George W. Bush's White House. "I don't go so far as to say that it's perjury, but there is a lesser charge of failing to provide accurate information to Congress."While the felony charge of perjury is difficult to prove, Sessions has left himself open to the lesser misdemeanor charge of being in contempt of Congress. Though he testified twice—at a hearing and in writing—that he had no contact with Russian officials and later qualified the contact he had as unrelated to the election, he also offered this at Thursday's press conference.
Sessions said he could not rule out the possibility that he discussed election-related matters during his September meeting with the Russian diplomat, Sergey Kislyak.
"I don't recall, but most of these ambassadors are pretty gossipy, and....this was in the campaign season, but I don't recall any specific political discussions," the attorney general said.
Sessions' initial denial could be legally problematic if it is contradicted by staffers at the meeting or by other evidence, such as intercepts of Russian reports on what was said, attorneys said.
That, in turn, will depend on who's deciding whether a special prosecutor should look into Sessions' testimony. Presently, Deputy Attorney General Dana Boente is in charge of that decision, but Trump's pick to take over Boente's position, Rod Rosenstein, may end up holding the keys.
Rosenstein faces a Senate confirmation hearing Tuesday where Sessions' testimony and the potential for a special prosecutor are now expected to take center stage.
Some legal experts say the independent counsel probe that could spell the most trouble for Sessions is the only appropriate course now that his conduct is in question.
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