William Barr, Trump’s pick to replace Jeff Sessions as Attorney General of the United States, may have a conflict problem since he was in contact with Trump about becoming the president’s defense lawyer in matters concerning Russia. According to 18 USC 208, 5 CFR 2635, and 28 CFR 25.2, “a personal or professional relationship with the subject of an investigation requires recusal,” writes Norm Eisen below in a tweet yesterday.
Joyce Vance concurs:
Barr’s potential recusal on matters Russia would be a matter for the Senate Judiciary Committee to investigate during Barr’s confirmation. If Barr did have to recuse from Special Counsel Mueller’s probe where would that leave Acting Attorney General Whitaker? If Barr is confirmed, then there would no longer be the need for an Acting Attorney General.
With Whitaker gone, it would be Attorney General Barr, then Deputy Attorney General Rod Rosenstein. If Barr has to recuse on Mueller because of the above mentioned conflict, then Trump would be back where he started: a recused Attorney General and with Rosenstein entirely in charge of Special Counsel Mueller and the Russia investigation.