WEBVTT - Sessions Faces Senate Questions After Comey Testimony (Audio)

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<v Speaker 1>The top law enforcement official in the country, will testify

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<v Speaker 1>before the sent Intelligence Committee at two thirty Wall Street time.

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<v Speaker 1>An Attorney General Jeff Sessions is expected to face a

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<v Speaker 1>grilling from his former colleagues, who treated him with kid

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<v Speaker 1>gloves when he testified during his confirmation hearings. The senator's

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<v Speaker 1>questions are expected to run the gamut from his involvement

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<v Speaker 1>with fired FBI Director James Comey and his dismissal, to

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<v Speaker 1>his contacts with the Russians and his testimony about those

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<v Speaker 1>contacts during his confirmation hearings. A little over a week ago,

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<v Speaker 1>Democratic Senators Patrick Lahey and Al Franken revealed they had

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<v Speaker 1>asked Comey to investigate Sessions for perjury, stemming from this

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<v Speaker 1>part of his confirmation hearing. I have then called a

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<v Speaker 1>surrogate at a time or two in that campaign, and

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<v Speaker 1>I didn't and not have communications with the Russians. After

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<v Speaker 1>a report came out that Sessions had two contacts with

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<v Speaker 1>the Russian ambassador last year, he changed his testimony. Now

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<v Speaker 1>there are reports that Sessions may have had a third

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<v Speaker 1>closed door me with the Russian ambassador at the Mayflower

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<v Speaker 1>Hotel in Washington, something the Justice Department has denied. My

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<v Speaker 1>guests are Ryan Goodman, professor at n y U Law

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<v Speaker 1>School and co editor in chief of Just Security, and

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<v Speaker 1>Bradley Moss, partner at Mark Zad Ryan. Let's start with

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<v Speaker 1>the question of sessions talks with the Russians. Is there

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<v Speaker 1>a possibility of perjury charges from his prior testimony or

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<v Speaker 1>if he denies a third meeting today. I suppose it's

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<v Speaker 1>theoretically possible. It all really rests on something that's very

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<v Speaker 1>difficult to prove, which is what was in his mind

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<v Speaker 1>when he testified originally. So his confirmation hearings, he definitely

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<v Speaker 1>denied any contexts with Russians during the campaign. But the

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<v Speaker 1>question is was he like wilfully withholding that information um?

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<v Speaker 1>And is the information one in which he thought he

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<v Speaker 1>was answering the right question. So I think it comes

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<v Speaker 1>down to those kinds of difficult evidentiary considerations. Brad Sessions

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<v Speaker 1>was a big part of Comey's testimony. At one point,

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<v Speaker 1>Comy testified, if, as the President said, I was fired

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<v Speaker 1>because of the Russia investigation, why was the attorney general

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<v Speaker 1>involved in that chain? If Sessions did not adhere to

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<v Speaker 1>his recusal from the Russian investigations, would there be any penalty. No,

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<v Speaker 1>And when it comes to the attorney sorry, Mark, oh,

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<v Speaker 1>Bradley Bradly Sorry, Yeah, No, when it comes to a general,

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<v Speaker 1>he ultimately serves at the pleasure of the president. So

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<v Speaker 1>while in theory, yes, the recusal was something to be

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<v Speaker 1>adhered to, it's a technical violation if in fact he

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<v Speaker 1>ran a foul love it, And truly only the president

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<v Speaker 1>can take any action. Congress can certainly, and I certainly

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<v Speaker 1>expect they will ask him questions about that today on

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<v Speaker 1>their oath to see the extent to which he considered

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<v Speaker 1>the ethical concerns and the extent to which he was

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<v Speaker 1>running a fall of his recusal. But in the end

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<v Speaker 1>he'll be in that job until the President demands his resignation. So, Ryan,

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<v Speaker 1>we've heard Chuck Schumer, the minority leaders, say that we

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<v Speaker 1>want assurances that he's going to keep to his recusal

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<v Speaker 1>from the Russian investigation. He doesn't get those insurances, right,

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<v Speaker 1>I think that he would have to get those insurances

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<v Speaker 1>also from other people in the buildings. So the Deputy

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<v Speaker 1>Attorney General is trying to give those kinds of assurances

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<v Speaker 1>since he's basically in control of the supervision of the

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<v Speaker 1>special Counsel who's investigating Russia right now. Um, but it's

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<v Speaker 1>otherwise going to be very difficult for them to get

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<v Speaker 1>that kind of information. And also the one big question is,

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<v Speaker 1>you know, how does Jeff's sessions interpret the parameters of

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<v Speaker 1>his recusal. That's one of the other issues that will

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<v Speaker 1>have to be faced today because he might interpret it

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<v Speaker 1>narrowly broadly, you know, for what. For example, one question is, uh,

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<v Speaker 1>the Attorney General is only said he has recused from

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<v Speaker 1>manners that arose out of the campaigns, Well, then what

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<v Speaker 1>about the questions of instruction of justice? Um? If the

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<v Speaker 1>Special Counsel is now taking up those issues, I could

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<v Speaker 1>imagine that the Attorney General will say that that's not

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<v Speaker 1>what fits within the parameters of his refusals. So it

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<v Speaker 1>would have to be some pretty significant communication between the

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<v Speaker 1>Justice Department and the Senate for the Senate to be

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<v Speaker 1>informed about what exactly the Attorney generals involved in and

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<v Speaker 1>what he's not. Bradley in about seconds, what do you

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<v Speaker 1>see as the most important question that he'll be asked?

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<v Speaker 1>It's would be two fold. Its going to be and

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<v Speaker 1>it is really responding to James Colemys testimony to what

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<v Speaker 1>extent did he respond or address James Colemys concerns about

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<v Speaker 1>being left in the room alone with the President and

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<v Speaker 1>to what extent, if any, did uh Mr Sessions ever

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<v Speaker 1>intervene or was he ever asked about intervening in the investigation?

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<v Speaker 1>And to Michael Flynn, those are pretty serious concerns raised

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<v Speaker 1>by the Comy testimony, and I expect that I'll be

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<v Speaker 1>brought up today how important is Attorney General Jeff sessions

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<v Speaker 1>testimony to an investigation of President Trump, to James Colmi's

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<v Speaker 1>credibility to the Russia investigation of the election interference, and

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<v Speaker 1>to sessions position as Attorney General. I've been talking with

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<v Speaker 1>Ryan Goodman, professor at m y U Law School and

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<v Speaker 1>co editor in chief of Just Security, and Bradley Moss,

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<v Speaker 1>partner at Mark Sade. Ryan, how important is sessions testimony? UM?

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<v Speaker 1>I think it is potentially quite important if he has

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<v Speaker 1>knowledge of um other contacts between the Trump campaign that

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<v Speaker 1>might have taken place with Russia or with through wiki

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<v Speaker 1>leaks UM. And then of course there's this burning question

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<v Speaker 1>about whether or not low and Behold there was a

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<v Speaker 1>third meeting in which he took place with a Russian

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<v Speaker 1>official at the Mayflower Hotel and that was raised potentially

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<v Speaker 1>by Comey's own testimony, where he referred to the fact

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<v Speaker 1>that he could not disclose in an open session what

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<v Speaker 1>the reasons where why Sessions would need a he recused,

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<v Speaker 1>and that the FBI knew that he would need to

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<v Speaker 1>be recused all the way back in mid February, Brad

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<v Speaker 1>Comey said that he took the opportunity to implore the

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<v Speaker 1>Attorney General to prevent any future direct communication between the

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<v Speaker 1>President and him after that February fourteen meeting, and the

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<v Speaker 1>Justice Department denied that, saying that Sessions stressed to Comy

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<v Speaker 1>the need to observe proper protocols. What should as Attorney general,

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<v Speaker 1>what should Comey? What should Sessions have done in that instance?

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<v Speaker 1>Well as Thesory General and as the effectively the overseer

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<v Speaker 1>of the entire Justice Department, he should, emphasis on, should

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<v Speaker 1>have more or less incurred with the concern and unders

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<v Speaker 1>recognized the concern raised by Director Comey, and he should

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<v Speaker 1>have taken appropriate action to make the president aware. The

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<v Speaker 1>president's unfamiliar with standard government procedures, so he's still learning

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<v Speaker 1>about this. Make the president aware of what is proper,

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<v Speaker 1>what is custom and tradition terms of how even within

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<v Speaker 1>the executive branch, certain individuals are supposed to be essentially

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<v Speaker 1>quarantined from each other to avoid even the appearance of impropriety.

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<v Speaker 1>It's something that President is not particularly well versed in.

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<v Speaker 1>It's something that the Attorney General, as his top legal

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<v Speaker 1>uh law enforcement official, separate and separate top legal advisor,

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<v Speaker 1>separate from the White House Council, really should have been

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<v Speaker 1>making the President aware of and putting these concerns at ease,

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<v Speaker 1>and the fact that he didn't appears to not have

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<v Speaker 1>done so raises some questions about the extents which he

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<v Speaker 1>views himself as independent from the White House Ryan. There

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<v Speaker 1>has been some question of what he will answer as

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<v Speaker 1>far as his conversations with the president. According to a

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<v Speaker 1>person familiar with sessions plan, he has told the committee

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<v Speaker 1>he refused to discuss his conversations with the president. The

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<v Speaker 1>notion of executive privilege has been dangled out there and

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<v Speaker 1>questions asked about that. A few weeks ago, we saw

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<v Speaker 1>the Director of National Intelligence Dan Coates and National Security

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<v Speaker 1>Agency Director Admiral Mike Rodgers simply refuse to answer a

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<v Speaker 1>question about their conversations with Trump without citing anything. So

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<v Speaker 1>what what can Sessions do legally? That's a great question,

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<v Speaker 1>and I was going to say the same thing. It's

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<v Speaker 1>almost like deja vu all over again from last week

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<v Speaker 1>before the very same committee. Sessions, if he wants to

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<v Speaker 1>assert that he does that he will not speak about

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<v Speaker 1>conversations with the president. Must must assert and invoke some

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<v Speaker 1>legal basis for that. You can't go before Congress testify

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<v Speaker 1>and in a certain no legal basis, as though it's

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<v Speaker 1>just your own preference that you don't want to answer

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<v Speaker 1>certain questions. So he could actually be held in contempt

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<v Speaker 1>of Congress unless he, at the very least sites of

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<v Speaker 1>legal reason like executive privilege, said that the conversations between

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<v Speaker 1>him and the president are privileged and confidential. That then

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<v Speaker 1>that would open up a second question as to whether

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<v Speaker 1>or not that's an appropriate invocation of executive privilege, especially

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<v Speaker 1>since Congress needs to perform its role here in investigating

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<v Speaker 1>matters of potential legal violations like obstruction of justice and

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<v Speaker 1>the Russia investigation. So I think he's going to have

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<v Speaker 1>a very hard time with that, and a very hard

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<v Speaker 1>time with both Republicans and Democrats, quite likely because they

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<v Speaker 1>want to assert Congress as prerogatives in this domain. Brad.

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<v Speaker 1>We have that session of the February fourteenth meeting in

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<v Speaker 1>the Oval Office where I think that's had the most

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<v Speaker 1>conversation directed at it, about Comi's testimony, the most dissection

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<v Speaker 1>of it, where he said, my sense was the Attorney

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<v Speaker 1>General knew he shouldn't be leaving, which is why he

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<v Speaker 1>was lingering. Now, how do you that's an open question

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<v Speaker 1>about feelings? Almost how do you expect Sessions to handle

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<v Speaker 1>a question about that? Oh, it'll you know, it'll be

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<v Speaker 1>very interesting. That's one of the certainly one of the

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<v Speaker 1>questions we want to have addressed is they'll ask him,

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<v Speaker 1>essentially for the TikTok of how that meeting started in

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<v Speaker 1>terms of both Attorney Genial Sessions and Jared Kushner trying

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<v Speaker 1>to stay in the room with the president when he

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<v Speaker 1>tried to order everyone else. So we can speak to Coomy,

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<v Speaker 1>they'll ask Mr Sessions what it was, what it was

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<v Speaker 1>in his mindset, what was his room on whether or

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<v Speaker 1>not he needed to stay in the room, did he

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<v Speaker 1>have concerns about leaving the president alone in there with

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<v Speaker 1>the FBI director, Whether or not he in his professional opinion,

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<v Speaker 1>uses it appropriate. So that kind of one on one meeting,

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<v Speaker 1>especially given that the FBI was still investigating a former

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<v Speaker 1>senior White House official in the form of Michael Flynn.

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<v Speaker 1>So I think his description of those events will go

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<v Speaker 1>a long way to giving Congress and the public to

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<v Speaker 1>an extent, a better feel for how things have worked

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<v Speaker 1>in this White House and how the Attorney General has

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<v Speaker 1>viewed his role. Ryan in about thirty seconds, will they

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<v Speaker 1>be asking him about his involvement in the selection of

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<v Speaker 1>a new FBI director and what he's been asked. Sure,

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<v Speaker 1>I think that that could come up. It's not as

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<v Speaker 1>easy to predict, but you know, he has himself apparently

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<v Speaker 1>named other people that he thought of as better for

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<v Speaker 1>the job, and those people were generally thought of as

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<v Speaker 1>lacking the kind of independence that one would want for

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<v Speaker 1>an FBI director. So I think it's a very fair

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<v Speaker 1>question to raise with him, in particular about what he

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<v Speaker 1>thinks of as the independence of an FBI director and

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<v Speaker 1>what he thinks of that person ever, for example, swearing

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<v Speaker 1>loyalty to the President or something like that, it's really

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<v Speaker 1>a question of the independence that somebody brings to that role. Well,

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<v Speaker 1>thank you for helping us look forward to this testimony

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<v Speaker 1>and what to watch out For that's Ryan Goodman, professor

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<v Speaker 1>at n y U Law School, co editor in chief

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<v Speaker 1>of Just Security, and Bradley Moss, partner at mark z