Recusal Redux: Attorney General Nominee Might Have to Cede Oversight of Mueller Investigation If Confirmed

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Bruce Green was quoted in a Washington Examiner article about the possibility of attorney general nominee William Barr recusing himself from special counsel Robert Mueller’s Russia investigation.

Attorney general nominee William Barr may have to recuse himself from special counsel Robert Mueller’s Russia investigation, activists and attorneys say, pointing to at least two arguments that he cannot impartially supervise Mueller.

The arguments indicate pressure for recusal may come from both sides of the aisle: Democrats are concerned that Barr prejudged the Mueller investigation in a 20-page memo written in June; the other argument, emerging this week, is spurring fears among conservatives that he’s personally too close to Mueller.

The friendship between Barr and Mueller wasn’t widely discussed before Wednesday, when Sen. Lindsey Graham, R-S.C., told reporters that he spoke with Barr and was surprised to learn that Mueller attended Barr’s daughters’ weddings and that their wives attend the same Bible study.

Although attorneys general have recused themselves from cases out of mere abundance of caution, Fordham University law professor Bruce Green said. That’s because they had potential links to the subjects of investigations.

“The prosecutor’s oversight of a subordinate is not like a judge’s relationship with a lawyer or party, where you need a high degree of detachment, neutrality, and objectivity,” Green said.

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