As AG, Pruitt or ANY political associate of Trump must recuse (DOJ Conflicts Rule, 28 CFR 45. 2).
That is absolutely correct! I have not heard one commentator point this out on TV. DOJ Conflicts Rule, 28 CFR 45. 2 says:
"§ 45.2 Disqualification arising from personal or political relationship.
(a) Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with:
(1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or
(2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.
(b) An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher. If the supervisor determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:
(1) The relationship will not have the effect of rendering the employee's service less than fully impartial and professional; and
(2) The employee's participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.
(c) For the purposes of this section:
(1)Political relationship means a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof; and
(2)Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality. An employee is presumed to have a personal relationship with his father, mother, brother, sister, child and spouse. Whether relationships (including friendships) of an employee to other persons or organizations are “personal” must be judged on an individual basis with due regard given to the subjective opinion of the employee."
At this link is well regarded lawyer Elizabeth de la Vega's analysis:
Link to tweet
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The next four paragraphs are from this link at Politico, which confirms Elizabeth de la Vega's post:
https://www.politico.com/magazine/story/2018/03/16/jeff-sessions-replace-with-scott-pruitt-donald-trump-217646
"Second, Trump’s unleashing this tsunami of litigation might be for naught. There is a reasonable case that even if Pruitt were validly appointed, he, like Sessions, would have to recuse himself from the Russia investigation. All DOJ lawyers are bound by regulation to step aside from criminal investigations if they have a 'political relationship' with someone who has a substantial interest in that investigation.
Pruitt’s political relationship with the president is deep and close. He has acted as the president’s political accomplice for more than a year now. It would lead any decent lawyer to recuse himself from the Mueller probe. Just this January, Pruitt made his political allegiance to the president plain: 'After meeting him, and now having the honor of working for him, it is abundantly clear that President Trump is the most consequential leader of our time,' Pruitt said. 'No one has done more to advance the rule of law than President Trump. The president has liberated our country from the political class and given America back to the people.'
Of course, Pruitt has demonstrated that he has little concern about conflicts of interest or their appearance. He is already under fire for a series of ethical blunders at the EPA. Nevertheless, as they did with Sessions, the ethicists at the DOJ might insist.
Some might contend this argument goes too far. Wouldn’t any interim attorney general the president appointed be conflicted out of overseeing Mueller? Of course not. We would not object if the president had reached out to someone independent and of stature who had not sworn the kind of loyalty oath Trump prefers. But that is not Pruitt."
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