Watch a top Democrat tell Sessions his testimony is “obstructing” the Russia probe
It was a testy exchange.
Sen. Martin Heinrich (D-NM) had a testy exchange with Attorney General Jeff Sessions, claiming he was “obstructing” the investigation during his testimony in front of the Senate Intelligence Committee on Tuesday. Throughout the testimony, Sessions has been saying it would be “inappropriate” for him to discuss the content of private conversations with the president.
Heinrich, however, did not feel that was correct, and he let Sessions know it.
Below is a video and a transcript of the exchange.
Sen. Martin Heinrich
Attorney General Sessions, has the president ever expressed his frustration to you regarding your decision to recuse yourself?
Attorney General Jeff Sessions
Senator Heinrich, I'm not able to share with this committee —
Sen. Martin Heinrich
You're invoking executive privilege.
Attorney General Jeff Sessions
I'm not able to invoke executive privilege. That's the president's prerogative.
Sen. Martin Heinrich
My understanding is that you took an oath, you raised your right hand here today and you said that you would solemnly tell the truth, the whole truth and nothing but the truth, and now you're not answering questions.
You're impeding this investigation, so my understanding of the legal standard is that you either answer the question. That's the best outcome.
You say this is classified, can't answer it here. I'll answer it in closed session. That's bucket number two. Bucket number three is to say I'm invoking executive privilege. There is no appropriateness bucket. It is not a legal standard. Can you tell me why what are these long-standing DOJ rules that protect conversations made in the executive without invoking executive privilege?
Attorney General Jeff Sessions
Senator, I'm protecting the president's constitutional right by not giving it away before he has a chance to review it.
Sen. Martin Heinrich
You can't have it both ways.
Attorney General Jeff Sessions
And second I am telling the truth in answering your question and saying it's a long-standing policy of the department of justice to make sure that the president has full opportunity to decide these issues.
Sen. Martin Heinrich
Can you share those policies with us. Are they written down at the department of justice?
Attorney General Jeff Sessions
I believe they are.
Sen. Martin Heinrich
This is the appropriateness legal standard for not answering congressional inquiries.
Attorney General Jeff Sessions
That's my judgment that it would be inappropriate for me to answer and reveal private conversations with the president when he has not had a full opportunity to review the questions and to make a decision on whether or not to approve such an answer, one.
There are also other privileges that could be invoked. One of the things deals with the investigation of the special counsel as other —
Sen. Martin Heinrich
We're not asking questions about that investigation. If I wanted to ask questions about that investigation, I'd ask those of rod Rosenstein. I'm asking about your personal knowledge from this committee which has a constitutional obligation to get to the bottom of this.
There are two investigations here. There is a special counsel investigation. There is also a congressional investigation, and you are obstructing that congressional delegation — investigation by not answering these questions, and I think your silence, like the silence of Director Coats, like the silence of Admiral Rogers speaks volumes.
Attorney General Jeff Sessions
I would say that I have consulted with senior career attorneys in the department.
Sen. Martin Heinrich
I suspect you have.
Attorney General Jeff Sessions
And they believe this is consistent with my duties.