Pelosi, Schumer slam ‘unacceptable’ nonreply to questions on Whitaker

Congressional Democrats on Thursday slammed the Justice Department’s “unacceptable” decision to ignore their questions about acting attorney general Matthew Whitaker for nearly a month.

Democrats on Nov. 11 asked the department to explain whether Whitaker will recuse himself from the special counsel’s investigation into Russia, and whether Whitaker has received any ethics guidance. But the department never wrote them back.

“It is our understanding that, 14 months after Mr. Whitaker joined the Department, his ethics review is incomplete,” House Minority Leader Nancy Pelosi, D-Calif., Senate Minority Leader Chuck Schumer, D-N.Y., and other Democrats wrote. “The Department has offered no public explanation for this extraordinary delay, nor have we received any reply to our letter.”

“This is unacceptable,” they said, adding that they want to be briefed on their questions.

“Our staff will contact you to schedule a time for this meeting,” they said.

Since his appointment by President Trump in early November, Whitaker took the reins of oversight of special counsel Robert Mueller’s investigation. And as the nation’s top law enforcement officer, Democrats and other critics have been pushing for information about whether Whitaker has plans to pull rank and overrule any actions Mueller’s team runs by him.

[Related: 400+ former DOJ officials ‘disturbed’ at Matthew Whitaker’s appointment]

When asked this week about how many times Whitaker has met with ethics officials, a Justice Department spokesperson declined to comment.

Last month, spokesperson Kerri Kupec told the Washington Examiner: “Acting AG Matt Whitaker is fully committed to following all appropriate processes and procedures at the Department of Justice, including consulting with senior ethics officials on his oversight responsibilities and matters that may warrant recusal.”

Sen. Lindsey Graham, R-S.C., met with Whitaker just before Thanksgiving, and told reporters that Whitaker “believed he did not have a reason to recuse himself legally or factually.”

Justice Department regulations mandate that an employee must not participate in a criminal investigation if he has “a personal or political relationship” with any person or organization that is “substantially involved in the conduct that is the subject of the investigation” or could be “directly affected” by its outcome.

Whitaker’s predecessor, Jeff Sessions, recused himself in March 2017 from any investigation related to Trump’s 2016 presidential campaign.

Next month, Democrats take the reins in the House — which means Whitaker may be called in to testify on Capitol Hill, and also face increasing pressure to answer any ethics-related questions.

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