Story highlights Page Pate: Congress botching probe of possible Trump team ties to Russia in election

Pate: Questions raised about Nunes' integrity; Trump has too much power over process

Page Pate is a criminal defense and constitutional lawyer based in Atlanta. He is an adjunct professor of law at the University of Georgia, a founding member of the Georgia Innocence Project, a former board member of the Federal Defender Program in Atlanta, and the former chairman of the criminal law section of the Atlanta Bar Association. Follow him on Twitter @pagepate. The opinions expressed in this commentary are his.

(CNN) It's clear that Russia tried to influence the presidential election last year. What's not clear is whether President Donald Trump or anyone associated with his campaign or transition team were involved. I don't think we will ever know the truth unless a special prosecutor takes over the investigation.

Page Pate

Congress is making a mess of the investigation. Senior members of the House Intelligence Committee are at odds after the Republican chairman, Devin Nunes, announced he had found evidence that members of the Trump transition team, and perhaps Trump himself, were caught up in an intelligence investigation during the Obama administration.

Nunes hasn't publicly said what information he has seen, or how he got it. But he quickly ran to the White House to advise Trump of his concerns without consulting other senior members of his committee. This raises serious doubts about his integrity and credibility. He can't run a meaningful investigation if he is off briefing the person being investigated.

We can't rely on the Justice Department to save the day. It's run by Jeff Sessions, a Trump ally and campaign associate. Although Sessions has agreed to step aside, that doesn't solve the problem. In Sessions' absence, the deputy attorney general would decide if criminal charges are appropriate. But the deputy attorney general can be removed and replaced by Trump at any time if Trump decides he doesn't like the direction of the investigation. I don't see how people who work for Trump can credibly investigate whether Trump committed a crime.

JUST WATCHED Adam Schiff's entire interview with Wolf Replay More Videos ... MUST WATCH Adam Schiff's entire interview with Wolf 07:59

FBI Director James Comey on Monday disclosed an ongoing investigation into the Trump campaign's potential collusion with Russia. His job is far from secure. Not only did he publicly disclose this criminal investigation (a bombshell itself), but he also basically called Trump a liar -- not just once, but twice.

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