Kevin Johnson

USA TODAY

WASHINGTON — Deputy Attorney General nominee Rod Rosenstein would not commit Tuesday to calls for a special prosecutor to oversee the the ongoing federal inquiry into Russia's intervention in the U.S. election, despite the repeated urging of Senate Democrats who said the appointment was necessary as a bulwark against potential political interference in the months-long investigation.

If confirmed, the longtime Maryland U.S. attorney would assume management of the investigation following last week's decision by Attorney General Jeff Sessions to recuse himself. Sessions' abrupt disqualification came after reports of meetings with the Russian ambassador to the United States that he twice failed to disclose to the Senate Judiciary Committee during his January confirmation hearing.

California Sen. Dianne Feinstein, the ranking Democrat on the Judiciary panel, said recent disclosures about communications between Russian authorities and Trump associates require the appointment of a "respected prosecutor'' because the contacts demonstrate the "perception'' of a conflict of interest.

"I do not say this because I question the integrity or the ability of Mr. Rosenstein, I do not,'' Feinstein said. "But this about more than just one individual.''

Asked directly by Feinstein whether he would appoint an outside prosecutor, Rosenstein said he had not yet been briefed on the facts of the case and could not adequately respond.

"I'm not in a position to answer the question,'' Rosenstein said, adding later that he was "willing to appoint a special counsel whenever I feel it is appropriate.''

"I should not be promising to act on a particular case,'' the nominee also told Sen. Richard Blumental, D-Conn.

Maryland Democrats back Rosenstein

Maryland Democratic Sens. Chris Van Hollen and Ben Cardin, who expressed strong support for Rosenstein's nomination, said they also would urge an outside investigation. Yet Van Hollen went further, saying that he also would encourage the Justice Department to reject Trump's recent assertions that the President Barack Obama had ordered wiretaps of Trump's New York offices in the months before the November election.

FBI Director James Comey last weekend called on Justice officials to issue such a rebuke, but Justice has not acted on that request.

Having not yet been briefed on the matter, Rosenstein said he could not directly address the concern. Pushed to explain whether a president alone could order the electronic surveillance of another American without an appropriate warrant, Rosenstein said: "I would hope that would not happen.''

The House Intelligence Committee has scheduled a March 20 public hearing related to its own investigation of Russia's attempts to influence the election. Comey and former Director of National Intelligence James Clapper are slated to testify at the House hearing. Clapper on Sunday said he knew of no attempt by the Obama administration to tap Trump's New York office phones.

At Rosenstein's confirmation hearing Tuesday before the Judiciary panel, Senate Republicans refused to join Democrats in the call for an outside investigation, but moved to highlight the nominee's authority to manage the probe within the department.

Judiciary Chairman Chuck Grassley, R-Iowa said requests for a special counsel or special commission were "premature at best.''

"Special counsel inquiries under the current department regulations are not the best way to ensure transparency and accountability,'' Grassley said. "There is no mandatory public report or other finding at the end of the investigation if no charges are filed. The investigations can just disappear without the public ever understanding what the facts were. So, the notion that somehow a special counsel will bring facts to light just isn’t true.”

If such an investigation fell to the deputy attorney general because of Sessions' recusal, Sen. Lindsey Graham, R-S.C., asked whether Rosenstein whether he was capable of leading such an effort, despite its potential political implications.

"Do you believe you can do that job?'' Graham asked.

"Absolutely,'' Rosenstein answered.

Rosenstein's nomination to the second-highest ranking post at the Justice Department has drawn intense scrutiny as an increasing number of top aides to Trump have acknowledged meeting with Russian envoy Sergey Kislyak in the months prior to Trump's election and inauguration, including Sessions. A central part of the ongoing FBI investigation is the review of communications between Trump associates and Russian government officials.

Read more:

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Attorney General Jeff Sessions: Senate testimony was 'correct'

While nominations of Rosenstein and Rachel Brand, the Trump administration's candidate for associate attorney general, were being weighed Tuesday, Sessions' now-disputed testimony before the same committee in January also loomed large.

At one point, Sessions' disputed testimony became the subject of a bitter exchange between Sen. Al Franken, D-Minn., and Grassley, when Franken demanded that Sessions return to the panel and clarify his statements.

"I think Sen. Sessions should come back,'' Franken said, breaking from his questioning of the witnesses. "I think he owes it to this committee to come back and explain himself.''

It was Franken who asked Sessions in January what he would do if he became aware that "anyone affiliated with the Trump campaign communicated with the Russian government in the course of this campaign.''

"I'm not aware of any of those activities,'' Sessions responded at the time. "I have been called a surrogate at a time or two in that campaign and I didn't have, have — did not have communications with the Russians.''

It was disclosed last week that Sessions met with Kislyak in July at an event related to the Republican National Convention and in September in Sessions' Senate office.

Grassley on Tuesday called Franken's January inquiry a "gotcha question'' and gaveled Franken's inquiry to a close.

On Monday, Sessions asserted that his confirmation testimony was "correct,'' saying that he did not disclose meetings with the Russian ambassador to the United States because he was not specifically asked about them.

Sessions stated in a letter to the committee that he always believed that he had answered the committee's questions "honestly'' about Trump surrogates' contacts with Russian officials.

"I did not mention communications I had had with the Russian ambassador over the years because the question did not ask about them,'' Sessions said in a letter to the committee, explaining the disputed testimony.

Although Rosenstein straight-armed Democrats who pressed for a commitment to appoint a special prosecutor, the career prosecutor is expected to be easily confirmed by the Senate with bipartisan support.