Why Sessions Is Right to Stand Up to Trump (NYTimes)

[kentuck]

https://www.nytimes.com/2018/03/02/opinion/sessions-stand-up-trump.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-right-region&region=opinion-c-col-right-region&WT.nav=opinion-c-col-right-region

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Wednesday’s apparent renewal of that effort was the most startling episode yet. It began when Mr. Sessions suggested that the inspector general for the Department of Justice would handle allegations advanced in a memorandum, endorsed by the Republican majority on the House Intelligence Committee, that the department had improperly obtained surveillance warrants for a former Trump campaign aide. Such a referral is a normal move for allegations of misconduct, and one that Mr. Sessions’s predecessors from both parties have frequently taken. But it infuriated President Trump, who tweeted, “Why is A.G. Jeff Sessions asking the Inspector General to investigate potentially massive FISA abuse. Will take forever, has no prosecutorial power and already late with reports on Comey etc. Isn’t the I.G. an Obama guy? Why not use Justice Department lawyers? DISGRACEFUL!”

Mr. Sessions offered this dignified response: “As long as I am the Attorney General, I will continue to discharge my duties with integrity and honor, and this Department will continue to do its work in a fair and impartial manner according to the law and Constitution.” Mr. Trump may be renewing his effort to push Mr. Sessions out, but this time, Mr. Sessions is not handing in a resignation letter.

Lest there be any doubt about that, Mr. Sessions very publicly dined Wednesday night with Mr. Rosenstein and the solicitor general, Noel Francisco. They are the second and third in the line of succession at the department, respectively, should Mr. Trump fire Mr. Sessions. The dinner sent the message that the attorney general’s colleagues support him.

This is no mere personnel flap. The principle that the president is attacking — and that Mr. Sessions and his colleagues are standing up for — is central to the administration of justice in America. It is that the awesome powers wielded by the attorney general and those who work for him should never be deployed for political purposes. Those powers can deprive defendants of their liberty, their property, even their lives. Merely investigating someone can be crushing. That should only be done when demanded by justice — not the whim of a president. It is a Solomonic solution by Mr. Sessions to refer Mr. Trump’s allegations for initial screening to a neutral fact-finder. Contrary to Mr. Trump’s tweeted suggestion, that is precisely the role of the Justice Department’s inspector general.