Acting Attorney General Matt Whitaker should not have to recuse himself from the Russia investigation because of things he said as a "private citizen," Sen. Chuck Grassley, R-Iowa, said Tuesday.
Grassley, the chairman of the Senate Judiciary Committee, was asked about Whitaker's appointment and whether his past writings and commentary about the Russia probe should impact his professional life as the temporary head of the Department of Justice.
"He was a private citizen — what's that got to do with his official duties?" Grassley told The Hill.Tv. "But it really doesn't matter because right now, he's going to go to the ethics people and ask if he's got to be recused, so that's going to answer itself."
Grassley said he asked Whitaker, who was appointed the acting AG the day after last week's midterm elections when Jeff Sessions was fired, whether he believes his appointment was constitutional and legal.
"I asked [Whitaker] that very question when I talked to him last week on the phone and he says they checked with the Office of Legal Counsel and they said 'yes,' and they quoted the 2003-like appointment to the office at OMB — and it was a very similar situation — that OLC [said] was legal at that time," Grassley said.
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