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You're Hired: Tracking the Trump Administration Transition - March 3, 2017

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Vice President Mike Pence

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This is the March 3, 2017, edition of an email sent from November 2016 to September 2017 that covered Donald Trump's presidential transition, cabinet appointees, and the different policy positions of those individuals who may have had an effect on the new administration. Previous editions of "You're Hired" can be found here.

There are at least eight ongoing investigations by the Senate, House of Representatives, and Federal Bureau of Investigation (FBI) related to Russia’s involvement in the 2016 presidential election and alleged contact between Russian officials and the Trump campaign.

Read more about federal policy on Russia.

Today’s briefing will answer some questions about these inquiries. What is the difference between a congressional and an FBI investigation? Why did Attorney General Jeff Sessions recuse himself yesterday? What are special and independent prosecutors and why are some Democratic members of Congress requesting one be named?

A primer on congressional and FBI investigations

What is a congressional investigation?

  • Congressional investigations are part of Congress’ oversight authority. These inquiries allow Congress to perform its legislative function—collecting information about pending and future legislation—and review federal agencies and programs, including possible wrongdoing by members of the executive branch.
  • Congress has subpoena authority, allowing it to request testimony or the production of evidence, with minimal oversight from the courts.
  • Congress can take legislative action as a result of an investigation and make public its findings, but it cannot criminally punish an individual—outside of removal from office following impeachment proceedings—based on them.
  • The Senate Intelligence Committee is investigating Russian interference in the 2016 presidential election and contacts between Trump campaign staffers and Russian officials.
  • The Senate Judiciary Committee is investigating potential leaks of classified information and documents related to the resignation of former National Security Advisor Michael Flynn, who resigned following reports that he spoke with the Russian ambassador about sanctions last year.
  • The House Judiciary Committee is investigating Russian interference in the 2016 presidential election and potential leaks of classified information.

What is an FBI investigation?

  • The FBI is the country’s leading law enforcement agency. It has the power to launch an investigation where there is a good faith belief that a crime has or will be committed, America’s national security is threatened, or important foreign intelligence can be collected.
  • While the agency does not prosecute cases, it does provide information and recommendations to U.S. attorneys who can do so.
  • There are at least three FBI investigations related to potential Russian interference in the 2016 presidential election:
  • The San Francisco office is investigating who gained access to and released messages obtained from the email account of Hillary Clinton’s presidential campaign chairman, John Podesta.
  • The Washington office is reviewing related leads from informants and foreign communications intercepts.

Why did Sessions recuse himself?

The Washington Post reported on Wednesday night that Attorney General Jeff Sessions met twice with Russian Ambassador Sergey Kislyak in 2016—once in Washington, D.C., and once at the Republican National Convention—which he did not disclose during his confirmation hearing.

When asked what he would do if it was determined that other members of the Trump campaign had communicated with Russia, Sessions said at the hearing, "I have been called a surrogate at a time or two in that campaign, and I did not have communications with the Russians, and I'm unable to comment on it."

Following this week’s report, several Republican and Democratic members of Congress called on Sessions to recuse him from any investigation related to Russian interference in the 2016 presidential election. As the chief law enforcement officer in the country, Sessions heads the Department of Justice, which the FBI operates under.

Sessions recused himself on Thursday afternoon after consultation with his staff. “They said that since I had involvement with the campaign, I should not be involved in any campaign investigation. I have studied the rules and considered their comments and evaluation. I believe those recommendations are right and just,” Sessions said in a press conference.

What are special and independent prosecutors?

  • Some Democratic members of Congress believe that Sessions should resign and a special prosecutor be enlisted to investigate any connection between Russia and the Trump campaign, alleging that there will otherwise be conflicts of interest.
  • The attorney general can appoint a special prosecutor where an investigation “would present a conflict of interest for the department or other extraordinary circumstances” and it would be in the public interest to do so.

Confirmations

Ben Carson, Secretary of Housing and Urban Development

Ben Carson was confirmed as the secretary of housing and urban development by a Senate vote of 58-41 on Thursday. Six Democrats—Sherrod Brown (Ohio), Joe Donnelly (Ind.), Heidi Heitkamp (N.D.), Joe Manchin (W.Va.), Jon Tester (Mont.), and Mark Warner (Va.)—and Independent Angus King (Maine) joined a Republican Party-line vote in support of Carson’s nomination. Although Sen. Elizabeth Warren (D-Mass.) backed Carson’s nomination in the Committee on Banking, Housing, and Urban Affairs, she voted against him in the final confirmation vote.

Rick Perry, Secretary of Energy

On Thursday, former Texas Gov. Rick Perry was confirmed as secretary of energy by a Senate vote of 62-37. All Republicans and 11 Democrats voted to confirm Perry. During Perry’s 2012 presidential campaign, he said that he wanted to abolish the Department of Energy. At his January 2017 confirmation hearing, Perry said that his 2012 statement did not reflect his current views after “being briefed on so many of the vital functions of the Department of Energy.” The department is responsible for maintaining the nuclear weapons stockpile, naval reactor programs, energy emergency preparedness efforts, and science and technology research.

Read more about the confirmation process for Trump’s Cabinet nominees.

See also