Legal analysts have debated whether Attorney General Jeff Sessions should step away from the Michael Cohen investigation, which the president blasted as “disgraceful” after the FBI raided his personal attorney’s home and office earlier this month. | Andrew Harnik/AP Photo Sessions won't say if he's recused from Michael Cohen probe

Attorney General Jeff Sessions declined to say Wednesday whether he has recused himself from a federal criminal probe into President Donald Trump's personal attorney Michael Cohen, but the top law enforcement official said he would do so if he learns that the inquiry is related to the 2016 presidential campaign.

During a Senate appropriations hearing, the attorney general said he is complying with his promise more than a year ago not to be involved in any investigations related to the campaign.


"I am honoring the recusal in every case and every matter that comes before the Department of Justice," Sessions said. "I committed to that in my confirmation hearing and will continue to honor that."

Cohen is under scrutiny for a variety of actions, including making a $130,000 payment to porn actress Stormy Daniels just before the 2016 election in exchange for her silence about an alleged sexual encounter with Trump a decade earlier. Legal analysts have debated whether Sessions should step away from that investigation, which Trump blasted as "disgraceful" after the FBI raided Cohen's home and office earlier this month.

Pressed by Sen. Patrick Leahy (D-Vt.) on whether he has stepped aside from the Cohen case, Sessions said he could not elaborate because he could not reveal sensitive details about ongoing investigations.

"It is the policy of the Department of Justice that those who recuse themselves not state the details of it or confirm the existence of an investigation," Sessions replied, while acknowledging that he has not met the top DOJ ethics official to discuss the issue. "I feel like I'm following the rules of the department, which I'm trying to teach all our people to do. I feel I should not answer the question."

"Recusal is not discretionary," Leahy responded. "It's required by Justice Department regulations when you have a political relationship with the president and the president has specific and substantial interests in the investigation."

POLITICO Playbook newsletter Sign up today to receive the #1-rated newsletter in politics Email Sign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Later in the hearing Wednesday, Sen. Chris Coons (D-Del.) came back at the issue, asking Sessions whether he would step aside from the Cohen probe if he discovers that it is connected to the 2016 campaign.

"Yes," Sessions replied, without elaborating.

Sessions also took heat over Trump's criticism of top Justice Department and FBI officials over the ongoing special counsel probe into Russia's interference in the 2016 election and whether any Trump aides were involved. Trump has called the investigation a "witchhunt," and his allies have called on Deputy Attorney General Rod Rosenstein, who oversees special counsel Robert Mueller, to resign. Last week, Rosenstein handed over internal documents to House Republicans, at least temporarily defusing a standoff with them.

Under questioning from Sen. Lindsey Graham (R-S.C.), Sessions defended Rosenstein.

"He works every day to do the job that he is called upon to do," Sessions said. The attorney general didn't finish his thought but was apparently referring to Rosenstein's role regarding Mueller's investigation. "I do have confidence in him," the attorney general added.

Sessions rebuffed questions from Sen. Jeanne Shaheen (D-N.H.) about whether he thinks the attorney general can fire a special counsel or whether the president has the legal authority to do so directly.

"I am recused from that matter," the attorney general said. "I believe it is not appropriate for me to opine or give my thoughts, given the fact that I’m recused."

Leahy called on Sessions to counter Trump's sharp criticism of the Justice Department and his repeated threats to remove top officials he considers responsible for the ongoing special counsel investigation.

"I've been here 44 years. I’ve never seen such attacks," Leahy said of Trump's comments. "You're at the helm of a Justice Department under siege. This is your chance to talk about how you’re going to protect it."

At the outset of the hearing, the attorney general paid tribute to law enforcement, but he was careful to couple that statement with a suggestion that some of the criticism FBI and other officials have faced from Trump may have been warranted.

"Let me say with all the strength I can muster: No nation has a fine group of law officers than those who comprise the FBI, the DEA, the ATF and the United States Marshals Service," Sessions declared. "When we face criticism, we’re not going to be defensive. When questions arise, even if misplaced, we will take necessary action to establish that the concerns are either not true or take strong action against any wrongdoing. … This department, above all others, can never get too big for its britches or think itself as in any way above the law we apply to others."

Sessions also found himself under fire over two pardons Trump has granted: one to Arizona Sheriff Joe Arpaio on a contempt-of-court conviction and another to the former chief of staff to Vice President Dick Cheney, Scooter Libby, who was convicted a decade ago of lying and obstructing justice in a leak investigation.

Sen. Chris Van Hollen (D-Md.) noted that at a 2001 hearing on President Bill Clinton's controversial pardon of commodities dealer Marc Rich, Sessions decried that decision in part because Clinton granted the pardon without consulting the Justice Department's pardon attorney.

"This was an abuse of process, and the president deserves to be criticized for it," Sessions said then.

"Do you stand by the statement?" Van Hollen asked.

Sessions appeared to grow defensive in response.

"I don't think that statement needs modifying," the attorney general said, adding that the president has the authority to grant clemency without consulting the Justice Department. "The president of the United States clearly has the power to execute pardons without inquiring of the pardon attorney....I don’t know that I used that phrase 'an abuse of power' because it’s clearly not."

Van Hollen then asked whether Trump consulted with the DOJ on the Arpaio or Libby pardons. Sessions said he was unaware of any such contact.

Asked whether Trump should have reached out, Sessions launched into an attack on Clinton's clemency grants and insisted Trump's were different.

"The pardons President Clinton made were stunning, shocking and not defensible on the merits," Sessions replied. He said Arpaio was elderly and had been convicted only of a misdemeanor. The attorney general also said Libby had "contributed greatly to America."

Sessions opened the hearing with an olive branch of sorts to senators on both sides of the aisle, agreeing to resume all aspects of a long-running program providing legal orientation to immigrants in deportation and other immigration court proceedings. The Justice Department suspended portions of the program, but after interventions by various lawmakers, Sessions said he is ordering that it continue despite his concerns about its effectiveness.

