“I am not aware of a basis to recuse myself from such investigations,” Sen. Jeff Sessions told the Judiciary Committee. | Getty Sessions won't recuse himself from DOJ Trump probes

Attorney general nominee Jeff Sessions won’t commit to recusing himself from potential Justice Department investigations into controversies involving President Donald Trump — from Russia to business conflicts of interest — despite his vigorous campaigning on behalf of Trump during the 2016 election season.

In written responses to members of the Senate Judiciary Committee, Sessions said repeatedly that he is “not aware of a basis to recuse myself” from issues surrounding Trump such as potential violations of the Emoluments Clause, a constitutional ban on officials accepting payments from foreign governments.


That differs from Sessions’ vow to recuse himself from any ongoing issues involving the federal probe into Hillary Clinton’s use of a private email server. Sessions said during his confirmation hearing that he would step aside from any such investigations because his political rhetoric against Clinton during the campaign “could place my objectivity in question.”

But for Trump-related issues, Sessions declined to make the same commitment. Democrats doused Sessions with reams of recusal questions, attempting to raise potential conflict-of-interest concerns involving Sessions, who was the first and most enthusiastic endorser of Trump from the Senate.

“If merely being a supporter of the President’s during the campaign warranted recusal from involvement in any matter involving him, then most typical presidential appointees would be unable to conduct their duties,” Sessions told Sen. Patrick Leahy (D-Vt.) in written responses to the Senate Judiciary Committee.

The comments were made in Sessions’ “questions for the record,” a standard feature of the confirmation process.

The Judiciary Committee is scheduled to take up his nomination on Tuesday, though any senator can ask for the vote to be delayed one week. California Sen. Dianne Feinstein, the committee’s top Democrat, will request that the vote will be kicked to Jan. 31, her spokesman said, meaning Sessions’ full confirmation on the Senate floor won’t likely occur until February.

Leahy quizzed Sessions on whether he would recuse himself from conflicts of interest charges against Trump or his family members. Trump announced at a news conference Jan. 11 that he would turn over his sprawling business empire to his two adult sons, Don Jr. and Eric.

Feinstein pressed Sessions on whether he would disentangle himself from any federal probe into White House national security adviser Michael Flynn, who according to the Wall Street Journal communicated frequently with the Russian ambassador to the United States as the outgoing Obama administration prepared new sanctions against the country, and whether those communications were allowed under the law.

Sen. Dick Durbin (D-Ill.) pushed Sessions on whether he would step aside from any FBI investigations into Russian meddling of the 2016 elections and if he planned on recusing himself if DOJ’s Office of Legal Counsel is asked to assess issues involving potential violations of the Emolument Clause.

Sessions’ answer to all those queries was essentially the same.

“I am not aware of a basis to recuse myself from such investigations,” Sessions told the Judiciary Committee. “However, if a specific matter arose where I believed my impartiality might reasonably be questioned, I would consult with Department ethics officials regarding the most appropriate way to proceed. As I made clear at my confirmation hearing, I will always be fair and work within the law and the established procedures of the Department.”

Among other revelations in the extensive written questions — posed mostly by Democrats — Sessions said he would not recuse himself from voting to confirm other Cabinet nominees as he waits for his own promotion to the Trump administration. In his response, Sessions cited a POLITICO story that quoted Durbin noting that he’s “still the senator from Alabama” and should be entitled to vote on confirmations.

“To do otherwise would reduce the representation to which the State is constitutionally entitled,” Sessions said. “I would also note that other senators in my situation have proceeded in the same manner.”

Separately, Sessions promised Feinstein that he would not return to the Senate the Justice Department's copy of the so-called torture report produced by the Senate Intelligence Committee under her tenure that extensively examined the CIA’s detention and interrogation practices. Current Intelligence Committee Chairman Richard Burr (R-N.C.), who had opposed the torture probe, had demanded the report be returned, seeking to block its disclosure to the public.

However, the issue may well be moot, since three judges have ordered that the report be preserved in court records and former President Barack Obama made another copy a part of his White House records.

And Sessions also reacted to remarks from Rep. John Lewis (D-Ga.), the civil rights icon who testified against confirming Sessions during the second day of hearings for the attorney general nominee.

“Congressman Lewis was a key figure in the civil rights movement and has my utmost respect,” Sessions said. “Though I am disappointed to learn of his concerns about my nomination, if confirmed, I hope that he will be willing to work with me in the Department’s ongoing efforts to protect the civil rights of all Americans.”

Josh Gerstein contributed to this report.