Dear Friends,
Please find hereafter the following testimony which starts at 47 mn today June 13th 2017
A
transcript of Attorney General Jeff Sessions’ testimony before the Senate
Intelligence Committee on June 13.
CHAIRMAN
RICHARD BURR:
Attorney General Sessions, appreciate your willingness to appear before the
committee today. I thank you for your years of dedicated service as a member of
this body, and your recent leadership at the Department of Justice. As I
mentioned when Director Comey appeared before us last week, this committee's
role is to be the eyes and ears for the other 85 members of the United States
Senate and for the American people, ensuring that the intelligence community is
operating lawfully and has the necessary tools to keep America safe. The
community is a large and diverse place.
We
recognize the gravity of our investigation into Russia's interference in the
2016 U.S. elections, but I remind our constituents that, while we investigate
Russia, we are scrutinizing CIA's budget, while we are investigating Russia, we
are still scrutinizing CIA's budget, NSA's 702 program, our nation's satellite
program, and the entire IC effort to recruit and retain the best talent we can
find in the world. More often than not, the committee conducts its work behind
closed doors, a necessary step to ensure that our most sensitive sources and
methods are protected. The sanctity of these sources and methods are at the
heart of the intelligence community's ability to keep us safe and to keep our
allies safe from those who seek to harm us.
I've
said repeatedly that I did not believe any committee -- that the committee does
should be done in public. But I also recognize the gravity of the committee's
current investigation and the need for the American people to be presented the
facts so that they might make their own judgments. It is for that reason that
this committee has now held its tenth open hearing of 2017--more than double
that of the committee in recent years, and the fifth on the topic of Russian
interference. Attorney General Sessions, this venue is your opportunity to
separate fact from fiction and to set the record straight on a number of
allegations reported in the press. For example, there are several issues that
I'm hopeful we will address today. One, did you have any meetings with Russian
officials or their proxies on behalf of the Trump campaign or during your time
as attorney general? Two, what was your involvement with candidate Trump's
foreign policy team and what were their possible interactions with Russians?
Three, why did you decide to recuse yourself from the government's Russia
investigation? And, fourth, what role, if any, did you play in the removal of
then-FBI director Comey? I look forward to a candid and honest discussion as we
continue to pursue the truth behind Russia's interference in the 2016
elections. The committee's experienced staff is interviewing the relevant
parties, having spoken to more than 35 individuals to date--to include just
yesterday, an interview of former Homeland Security Secretary Jeh Johnson. We
also continue to review some of the most sensitive intelligence in our
country's possession.
As
I've said previously, we will establish the facts, separate from rampant
speculation, and lay them out for the American people to make their own
judgment. Only then will we as a nation be able to put this episode to rest and
look to the future. I'm hopeful that members will focus their questions today
on the Russia investigation and not squander the opportunity by taking
political or partisan shots.
The
Vice Chairman and I continue to lead this investigation together on what is a
highly charged political issue. We may disagree at times, but we remain a
unified team with a dedicated, focused and professional staff working
tirelessly on behalf of the American people to find the truth. The committee
has made much progress as the political winds blow forcefully around us, and I
think all members would agree that despite a torrent of public debate on who
and what committee might be best suited to lead on this issue, the intelligence
committee has lived up to its obligation to move forward with purpose and above
politics. Mr. Attorney General, it's good to have you back. I would now turn to
the vice chairman for any remarks he might have.
VICE
CHAIRMAN MARK WARNER:
Thank you, Mr. Chairman. And I want to also thank the way that we're proceeding
on this investigation. Mr. Attorney General, it is good to see you again. And
we appreciate your appearance on the heels of Mr. Comey's revealing testimony
last week.
I
do, though, want to take a moment at the outset and first express some concern
with the process by which we are seeing you, the attorney general, today. It is
my understanding that you were originally scheduled to testify in front of the
House and Senate Appropriations committees today. I know those appearances have
been canceled to come here instead. While we appreciate his testimony, before
our committee, I believe -- and I believe I speak for many of my colleagues --
that I believe he should also answer questions from members of those committees
and the Judiciary Committee as well. Mr. Attorney General, it's my hope that
you will reschedule those appearances as soon as possible.
In
addition, I want to say at the outset that while we consider your appearance
today as just the beginning of our interaction with you and your department,
Mr. Attorney General, we had always expected to talk to you as part of our
investigation. We believed it would be actually later in the process. We're
glad to accommodate your request to speak to us today, but we also expect to
have your commitment to cooperate with all future requests and make yourself
available, as necessary, to this committee for, as the chairman indicated with
be this very important investigation.
Now
let's move to the subject of today's discussion. Let's start with the campaign.
You were an early and ardent supporter of Mr. Trump. In March, you were named
as chairman of the Trump campaign's national security advisory committee. You
were much more than a surrogate, you were strategic advisor who helped shape
much of the campaign's national security strategy. No doubt, you will have key
insights about some of the key Trump associates that were seeking to hear from
in the weeks ahead.
Questions
have also been raised about some of your own interactions with Russian
officials during the campaign. During your confirmation hearing in January you
said, "You did not have communications with Russians. Senator Leahy later
asked you in writing whether you had been in contact with anyone connected to
any part of the Russian government about the 2016 election. You answered, I
believe with a definitive, no. Despite that fact, despite that, the fact is, as
we discovered later, that you did have interactions with Russian government
officials during the course of the campaign.
In
March you acknowledged two meetings with the Russian ambassador. Yet, there has
been public reports of a possible third meeting at the Mayflower Hotel on April
27th. I hope that today, you will help clear up the discrepancies. We’d also
expect and I hope you will be able to provide the committee with any documents
we need to shed light on the issue such as e-mails or calendars.
Then
there is a topic of the firing of former Director Comey. Last Thursday, we
received testimony from Mr. Comey under oath. He outlined his troubling
interactions with the president as well as the circumstances of his firing. A
few disturbing points stood out. Mr. Comey, who has decades of experience at
the Department of Justice and the FBI serving under presidents of both parties
was so unnerved by the actions of the president that he felt compelled to fully
document every interaction they had.
Mr.
Comey sat where you are sitting today and testified that he was concerned that
the President of the United States might lie about the nature of their
meetings. That's a shocking statement from one of the nation's top law
enforcement official. We heard that Director Comey took it as a direction from
the president that he was to drop the FBI's investigation into former adviser
Mike Flynn. Finally, we heard from Mr. Comey that he believes he was fired over
his handling of the Russia investigation. The president himself confirmed this
in statements to the media. This is deeply troubling for all of us who believe
on both sides in preserving the Independence of the FBI.
We
have a lot of work in order to follow-up on these alarming disclosures. Mr.
Attorney General, your testimony today is an opportunity to begin the process
of asking those questions. For instance again, I know others will ask about
this: You recused yourself from the Russia investigation and participated in
the firing over the handling of that same investigation. We want to ask how you
view your recusal and whether you believe you complied fully. We heard from Mr.
Comey that the president asked to you leave the Oval Office so he could speak
one-on-one with Mr. Comey. Again, a very concerning action. We will need to
hear from you about how you viewed the president's request and whether you
thought it was appropriate. We also want to know if you are aware of any
attempts by the president to enlist leaders in the intelligence community to
undermine this same Russia investigation.
Most
importantly, our committee will want to hear what you are doing to ensure that
the Russians or any other foreign adversaries cannot attack our democratic
process like this ever again. I'm concerned that the president still does not
recognize the severity of the threat. He, to date, has not acknowledged the
conclusions of the intelligence community that Russia massively intervened in
our elections. The threat we face is real. It's not limited to us. The recent
effects in France gives us a stark reminder that all western democracies must
take steps to protect themselves. The United States can and must be a leader in
this effort, but it will require the administration to get serious about this.
Finally, we have seen a concerning pattern of administration officials refusing
to answer public, unclassified questions about allegations about the president
in this investigation. We had a hearing with this subject last week. I want to
commend the chairman who at the end of that hearing made clear that our
witnesses, it was not acceptable for them to come forward without answers. The
the American people deserve to hear what's going on here. Thank you Mr.
Chairman, I look forward to the witness’ testimony.
ATTORNEY
GENERAL JEFF SESSIONS: Thank
you very much, Chairman Burr and ranking member Warner for allowing me to
publicly appear before your committee today. I appreciate the committee's
critically important efforts to investigate Russian interference with our
democratic processes.
Such
interference can never be tolerated and I encourage every effort to get to the
bottom of any such allegations. As you know, the Deputy Attorney General has
appointed a special counsel to investigate the matters related to the Russian
interference in the 2016 election. I'm here today to address several issues
that have been specifically raised before this committee. And I appreciate the
opportunity to respond to questions as fully as the Lord enables me to do so.
As I advise you, Mr. Chairman, with long standing Department of Justice
practice, I cannot and will not violate my duty to protect confidential
communications I have with the president. Let me address issues directly. I did
not have any private meetings, nor do I recall any conversations, with any
Russian officials at the Mayflower hotel.
I
did not attend any meetings separately prior to the speech attended by the
president today. I attended a reception with my staff, that included at least
two dozen people and President Trump, though I do recall several conversations
I had during that pre-speech reception, and I do not have recollection of
meeting or talking to the Russian ambassador or any other Russian officials. If
any brief interaction occurred in passing with the Russian ambassador in that reception,
I do not remember it. After the speech, I was interviewed by the news media.
There was an area for that in a different room and then I left the hotel.
Whether I attended a reception where the Russian ambassador was also present is
entirely beside the point of this investigation into Russian interference in
the 2016 campaign.
Let
me state this clearly, colleagues. I have never met with or had any
conversation with any Russians or any foreign officials concerning any type of
interference with any campaign or election in the United States. Further, I
have no knowledge of any such conversations by anyone connected to the Trump
campaign. I was your colleague in this body for 20 years, at least some of you.
And the suggestion that I participated in any collusion that I was aware of,
any collusion with the Russian government to hurt this country which I have
served with honor for 35 years, or to undermine the integrity of our democratic
process an appalling and detestable lie. Relatedly, there is the assertion that
I did not answer Senator Franken's question honestly in my confirmation
hearing.
Colleagues,
that is false. I can't say colleagues now. I'm no longer a part of this body,
but a former colleague. That is false. This is what happened. Senator Franken
asked me a rambling question after some six hours of testimony that included
dramatic new allegations that the United States intelligence community, the
U.S. intelligence community had advised President-elect Trump "That there
was a continuing exchange of information during the campaign between Trump's
surrogates and intermediaries for the Russian government." I was taken
aback by that explosive allegation which he said was being reported as breaking
news that very day, in which I had not heard. I wanted to refute that
immediately. Any suggestion that I was part of such an activity.
I
replied to Senator Franken this way. "Senator Franken, I'm not aware of
any of those activities. I have been called a surrogate a time or two in that
campaign and I did not have communications with the Russians and I'm unable to
comment on it."
That
was the context in which I was asked the question and in this that context my
answer was a fair and correct response to the charge as I understood it. I was
responding to the allegation That surrogates had been meeting with Russians on
a regular basis. It simply did not occur to me to go further than the context
and to list any conversations that I may have had with Russians in routine
situations as I had many routine meetings with other foreign officials.
So
please hear me now. It was only in March, after my confirmation hearing, that a
reporter asked my spokesperson whether I had ever met with any Russian
officials. This was a first time that question had squarely been posed to me.
On the same day, we provided that reporter with the information related to the
meeting that I and my staff held in my Senate office with Ambassador Kislyak as
well as the brief encounter in July after a speech that I had given during the
convention in Cleveland, Ohio.
I
also provided the reporter with a list of 25 foreign ambassador meetings that I
had had during 2016. In addition, I provided supplemental testimony to the
Senate Judiciary Committee to explain this event. So I readily acknowledged
these two meetings and certainly not one thing happened that was improper in
any one of those meetings. Let me also explain clearly the circumstances of my
recusal from the investigation into the Russian interference with the 2016
election. Please, colleagues, hear me on this. I was sworn in as Attorney
General on Thursday, February 9th. The very next day as I had promised to the
judiciary committee I would do at least at an early date, I met with the career
department officials including a senior ethics official to discuss things
publicly reported in the press that might have some bearing on whether or not I
should recuse myself in this case. From that point, February 10th until I
announced my formal recusal on March 2nd, I was never briefed on any
investigative details, did not access any information about the investigation.
I received only the limited information that the department's career officials
determined was necessary for me to form and make a recusal decision.
As
such, I have no knowledge about this investigation as it is ongoing today
beyond what has been reported. I don't even read that carefully. I have taken
no action whatsoever with regard to any such investigation. On the date of my
formal recusal, my chief of staff sent an e-mail to the heads of relevant
departments including by name to director Comey of the FBI to instruct them to
inform their staffs of this recusal and advise them not to brief me or involve
me in any way in any such matters. In fact they have not. Importantly I recuse
myself not because of any asserted wrongdoing or any that I may have been
involved in any wrongdoing in the campaign, but because a Department of Justice
regulation. 28 cfr 45.2 I felt required it.
That
regulation states in effect that department employees should not participate in
investigations of a campaign if they served as a campaign adviser. So the scope
of my recusal however does not and cannot interfere with my ability to oversee
the Department of Justice, including the FBI which has an $8 billion budget and
35,000 employees. I presented to the president my concerns and those of Deputy
Attorney General Rod Rosenstein about the ongoing leadership issues at the FBI
as stated in my letter recommending the removal of Mr. Comey along with the
Deputy Attorney General's memorandum on that issue, which have been released by
the White House. Those represent a clear statement of my views. I adopted
Deputy Attorney General Rosenstein's points he made in his memorandum and made
my recommendation. It is absurd, frankly, to suggest that a recusal from a
single specific investigation would render the attorney general unable to
manage the leadership of the various department of justice law enforcement
components that conduct thousands of investigations.
Finally,
during his testimony, Mr. Comey discussed a conversation he had with the
president. I'm happy to share with the committee my recollection of that
conversation that I had with Mr. Comey. Following a routine morning threat
briefing, Mr. Comey spoke to me and my chief of staff. While he did not provide
me with any of the substance of his conversation with the president, apparently
the day before, Mr. Comey expressed concern about proper communications
protocol with the white house and with the president.
I
responded. He didn't recall this, but I responded to his comment by agreeing
that the FBI and the department of justice needed to be careful to follow
department policies regarding appropriate contacts with the white house. Mr.
Comey had served in the department for better than two decades and I was
confident he understood and would abide by the well established rules limiting
communications with the White House, especially about ongoing investigations.
That's
what is so important to control. My comments encouraged him to do just that and
indeed as I understand it, he in fact did that. Our Department of Justice rules
on proper communications between the department and the White House have been
in place for years. Mr. Comey well knew them. I thought and assumed correctly
that he complied with them. I will finish with this. I recuse myself from any
investigation into the campaign for president, but I did not recuse myself from
defending my honor against false allegations.
At
all times throughout the course of the campaign, the confirmation process, and
since becoming Attorney General, I have dedicated myself to the highest
standards. I have earned a reputation for that. At home and in this body, I
believe. Over decades of performance. The people of this country expect an
honest and transparent government and that's what we are giving them. This
president wants to focus on the people of this country to ensure they are
treated fairly and kept safe. The trump agenda is to improve the lives of the
American people.
I
know some have different ways of achieving that and different agendas, but that
is his agenda and one I share. Importantly as attorney general, I have a
responsibility to enforce the laws of this nation to protect this country from
its enemies and I intend to work every day with the fine team and the superb
professionals in the department of justice to advance the important work we
have to do. These false attacks and innuendos and the leaks, you can be sure
will not intimidate me. These events have only strengthened my resolve to
fulfill my duty. My duty to reduce crime and support the federal, state, and
local law enforcement who work on the streets every day.
Just
last week it was reported that overdosed deaths in this country are rising
faster than ever recorded. Last year was 52,000 and The New York Times just
estimated next year will be 62,000 overdose deaths. The murdis up over 10%.
Together we are telling the gangs and cartels and the fraudsters and the
terrorists we are coming after you.
Every
one of our citizens no matter who they are or where they live has the right to
be safe in their homes and communities. I will not be deter and allow this
great department to be deterred from its vital mission. Thank you, Mr. Chairman
and ranking member Warner. I have a great honor to appear before you today and
will do my best to answer your questions.
BURR: General Sessions, thank
you for that testimony. I would like to note for members, the chair and the
vice chairman will be recognized for 10 minutes and members for five minutes. I
would like to remind our members that we are in open session. No references to
classified or committee-sensitive materials should be used relative to your
questions. With that I recognize myself at this time for 10 minutes.
General
Sessions, you talked about the Mayflower hotel where the president gave his
first foreign policy speech. It has been covered in the press that the
president was there and you were there and others were there. From your
testimony, you said you don't remember whether the ambassador from Russia was
there.
SESSIONS: I did not remember that,
but I understand he was there. So I don't doubt that he was. I believe that
representations are correct. I recently saw a video of him coming into the
room.
BURR: You never remember having a
conversation or meeting with the ambassador?
SESSIONS: I do not.
BURR: Was there ever a private
room setting that you were involved in?
SESSIONS: No, other than the
reception area that was shut off from I guess the main crowd. Two to three
dozen people. BURR: I would take for granted that the president shook some
hands. SESSIONS: He came in and shook hands in the group.
BURR: Okay. You mentioned that
there were staff with you at that event.
SESSIONS: My legislative director
at the time --
BURR: Your Senate staff?
SESSIONS: Senate legislative
director who was a retired U.S. Army colonel, had served on the armed services
staff with Senator John Warner before she joined my staff was with me in the
reception area and throughout the rest of the events.
BURR: Would you say you were
there as a United States Senator or as a surrogate of the campaign for this
event?
SESSIONS: I came there as an interested
person and very anxious to see how President Trump would do in his first major
foreign policy address. I believe he had only given one major speech before and
that was maybe at the Jewish event.
It
was an interesting time for me to observe his delivery and the message he would
make. That was my main purpose of being there.
BURR: You reported two other
meetings with the ambassador, one in July on the sidelines of the Republican
convention, I believe and one in September in your senate office. Have you had
any other interactions with government officials over the year in a campaign
capacity? I'm not asking you from the standpoint of your single life, but in
the campaign.
SESSIONS: No, Mr. Chairman. No. I've
racked my brain to make sure I could answer those questions correctly and I did
not. I would just offer for you that the -- when asked about whether I had any
meetings with Russians by the reporter in March, we immediately recalled the
conversation and the encounter I had at the convention and the meeting in my
office and made that public. I never intended not to include that. I would have
gladly have reported the meeting and encounter that may have occurred and some
say occurred in the Mayflower if I had remembered it or if it actually
occurred, which I don't remember that it did.
BURR: On March 2nd, 2017, you
recused yourself in the investigation being conducted by the FBI and the
Department of Justice. What are the specific reasons that you chose to recuse
yourself?
SESSIONS: The specific reason,
chairman, is a cfr code of federal regulations put out by the Department of
Justice. Part of the Department of Justice rules and it says this. I will read
from it. 28 cfr 45.2. Unless authorized, no employee shall participate in a
criminal investigation or prosecution if he had a personal or political
relationship with any person involved in the conduct of an investigation that
goes on to say for political campaign and it says if you have a close
identification with an elected official or candidate arising from service as a
principal adviser, you should not participate in an investigation of that
campaign. Many have suggested that my recusal is because I felt I was a subject
of the investigation myself, I may have done something wrong. This is the
reason I recused myself: I felt I was required to under the rules of the
Department of Justice and as a leader of the Department of Justice, I should
comply with the rules obviously.
BURR: Did your legal counsel
know from day one you would have to recuse yourself because of the current
statute?
SESSIONS: I have a timeline of what
occurred. I was sworn in on the 9th, I believe, of February. I then on the 10th
had my first meeting to generally discuss this issue where the cfr was not
discussed. We had several other meetings and it became clear to me over time
that I qualified as a significant, principal adviser-type person to the
campaign and it was the appropriate and right thing for me.
BURR: This could explain
Director Comey's comments that he knew there was a likelihood you would recuse
yourself because he was familiar with the same statute?
SESSIONS: Probably so. I'm sure that
the attorneys in the Department of Justice probably communicated with him. Mr.
Chairman, let me say this to you clearly. In effect as a matter of fact, I
recused myself that day. I never received any information about the campaign. I
thought there was a problem with me being able to serve as attorney general
over this issue and I felt I would have to recuse myself and I took the
position correctly, I believe, not to involve myself in the campaign in any way
and I did not.
BURR: You made a reference to
the chief of staff sending out an e-mail immediately notifying internationally
of your decision to recuse. Would you ask the staff to make that e-mail
available? SESSIONS: We would be pleased to do so and I have it with me now.
BURR: Thank you. Have you had intersections
with the special counsel Robert muller?
SESSIONS: I have not. With regard
to the e-mail we sent out, director Comey indicated that he did not know when I
recused myself or receive notice, one of them went to him by name. A lot
happens in our offices. I'm not accusing him of wrongdoing and it was sent to
him and to his name.
BURR: Okay. General Sessions,
you said he testified about his interactions with the president in some cases
highlighting your presence with the meetings. You addressed the meeting where
all were asked to leave except for director Comey. You said he did inform you
of how uncomfortable that was. Your recommendation was that the FBI and DOJ
needed to follow the rules limning further correspondence. Did Director Comey
express additional discomfort with conversations that the president might have
had with him? He had two additional meetings and a total of six phone calls.
SESSIONS: That is correct. There is
nothing wrong with the president having communication with the FBI director.
What is problematic for any Department of Justice employee is to talk to any
cabinet persons or White House officials about ongoing investigations that are
not properly cleared through the top levels of the Department of Justice. So it
was a regulation I think is healthy. I thought we needed and strongly believe
we need to restore discipline to adhere to just those kinds of rules and
leaking rules and some of the other things that I think are a bit lax and need
to be restored.
BURR: You couldn't have had a
conversation with the president about the investigation because you were never
briefed on some.
SESSIONS: That is correct. I would
note that with regard to the private meeting that Director Comey had by his own
admission, I believe, as many as six such meetings. Several them he had with
President Trump. I think two with President Obama. It's not improper, per se,
but it would not be proper to share information without review and permission.
BURR: Just one last question.
You were the chair of this foreign policy team for the Trump campaign. To the
best of your knowledge, did that team ever meet?
SESSIONS: We met a couple of times.
Maybe a couple of people did. We never functioned as a coherent team.
BURR: Were there any members
you never met?
SESSIONS: Yes.
BURR: Okay. Vice chairman.
WARNER: Thank you, General Sessions. As
I mentioned in my opening statement, we appreciate your appearance, but see
this as the first step and I would like to get your commitment that you will
agree to make yourself available as the committee needs in the weeks and months
ahead.
SESSIONS: Senator, I will commit to
appear before the committees and others as appropriate. I don't think it's good
policy to continually bring cabinet members or the attorney general before
multiple committees going over the same things over and over.
WARNER: Appropriations committee raised
that issue.
SESSIONS: I just gave you my
answer.
WARNER: Can we get your commitment
since there will be questions about the meetings that took place or not, access
to documents or memoranda or your day book or something?
SESSIONS: We will be glad to provide
appropriate responses to your questions and review them carefully.
WARNER: Yesterday a friend of the
president was reported to suggesting that President Trump was considering
removing Director Mueller as special counsel. Do you have confidence in
director Mueller's ability to conduct the investigation fairly and impartially?
SESSIONS: I don't know about the reports
and have no basis to --
WARNER: I'm asking --
SESSIONS: The validity. I have known Mr.
Mueller over the years and he served 12 years as FBI director. I knew him
before that. I have confidence in Mr. Mueller.
WARNER: You have confidence he will do
the job?
SESSIONS: I will not discuss
hypotheticals or what might be a factual situation in the future that I'm not
aware of today. I know nothing about the investigation. I fully recuse myself.
WARNER: I have a series of
questions, sir. Do you believe the president has confidence?
SESSIONS: I have not talked to him
about it.
WARNER: Will you commit to the
committee not to take personal actions that might not result in director
Mueller's firing or dismissal?
SESSIONS: I can say that with confidence.
In fact the way it works, Senator Warner is that the acting attorney general.
WARNER: I'm aware, but I wanted
to get you on the record.
SESSIONS: Deputy attorney general. --
WARNER: You would not take any actions
to have the special investigator removed.
SESSIONS: I don't think that's
appropriate for me to do.
WARNER: To your knowledge, have
any Department of Justice officials been involved with conversations about any
possibility of presidential pardons about any of the individuals involved with
the Russia investigation?
SESSIONS: Mr. Chairman, I'm not
able to comment on conversations with high officials within the white house.
That would be a violation of the communications rule that I have to --
WARNER: Just so I can understand, is
the basis of that unwilling to answer based on executive privilege?
SESSIONS: It's a long standing
policy. The department of justice not to comment on conversations that the
attorney general had with the president of the united States for confidential
reasons that rounded in the coequal branch.
WARNER: Just so I understand, is
that mean you claim executive privilege?
SESSIONS: I'm not claiming executive privilege
because that's the president's power and I have no power there.
WARNER: What about conversations with
other Department of Justice or White House officials about potential pardons?
Not the president, sir.
SESSIONS: Without in any way suggesting I
had any conversations concerning pardons, totally apart from that, there are
privileges of communication within the department of justice that we share all
of us do. We have a right to have full and robust debate within the Department
of Justice and encourage people to speak up and argue cases on different sides.
Those arguments are not -- historically we have seen they shouldn't be
revealed.
WARNER: I hope you agree since you
recused yourself that if the president or others would pardon someone during
the midst of this investigation while our investigation or Mr. Mueller's
investigation, that would be problematic. One of the comments you made in your
testimony is you reached a conclusion about then-Director Comey's ability to
lead the FBI and you agreed with Deputy Attorney General Rosenstein's memo. The
fact that you worked with Comey for sometime, did you ever have a conversation
as a superior of Director Comey with his failure to perform or some of these
accusations that he was not running in a good way and somehow the FBI is in
turmoil. Did you have any conversations about the subjects?
SESSIONS: I did not.
WARNER: So you were his superior and
there were fairly harsh things said about Director Comey. You never thought it
was appropriate to raise those concerns before he was absolutely terminated by
the president?
SESSIONS: I did not do so. A
memorandum was prepared by the deputy attorney general who evaluated his
performance and noted serious problems with it.
WARNER: You agreed with those?
SESSIONS: I agreed with those. In fact
senator Warner, we talked about it before I was confirmed and before he was
confirmed. It's something we both agreed to that a fresh start at the FBI was
probably the best thing.
WARNER: It again seems a little
-- I understand if you talk about that before you came on and had a chance for
a fresh start. There was no fresh start. Suddenly we are in the midst of the
investigation and with timing it seems peculiar that what was out of the blue
he fires the FBI director and all the problems of disarray and a lack of the
accord with the FBI that he denied is the case, I would think that somebody
would have had that conversation. Let's go to the April 27th meeting. It is
brought up and I think the chairman brought it up. By that time, you had been
named as the chair of then-candidate Trump's advisory. Showing up, that meeting
would be appropriate.
SESSIONS: That was the Mayflower
hotel?
WARNER: Yes, sir. My understanding was
that the president's son in law Jared Kushner was at that meeting as well.
SESSIONS: I believe he was, yes.
WARNER: You don't reccollect when he
had the conversations with the ambassador?
SESSIONS: I do not.
WARNER: To the best of your memory you
had no conversation with him at that meet something.
SESSIONS: I don't recall that,
senator. Certainly I can assure you nothing improper if I had a conversation
with him. It's conceivable, but I don't remember it.
WARNER: There was nothing in your
notes or memory so when you had a chance and you did correct the record about
the other two sessions in response to senator Franken and Leahy, this didn't
pop into your memory with the caution you had to report that this session as
well.
SESSIONS: I guess I can say that I
possibly had a meeting, but I still do not recall it. I did not in any way fail
to record something in my testimony or in my subsequent letter intentionally
false.
WARNER: I understand. I'm trying to
understand you corrected the record and clearly by the time you get a chance to
correct the record, you would have known that the ambassador was at that April
27th session. It received quite a bit of press notoriety. And again, echoing
what the chairman said, again for the record, there was no other meeting with
any other officials of the Russian government in the campaign season.
SESSIONS: Not to my recollection. I would
say with regard to the two encounters, one at the Mayflower hotel that you
refer to, I came here not knowing he was going to be there. I didn't have any
communications with him before or after that event. Likewise at the effect at
the convention went off the convention grounds to a college campus for an
event.
WARNER: At the Mayflower --
SESSIONS: Let me follow-up on that one. I
didn't know he would be in the audience.
WARNER: At the Mayflower there was this
vip reception first and people went into the speech. Just so I get a --
SESSIONS: That's my recollection.
WARNER: You were part of the vip
reception?
SESSIONS: Yes.
WARNER: General Sessions, one of the
troubling things that I need to sort through is Mr. Comey's testimony last week
is he felt uncomfortable when the president asked everyone else to leave the
room. He left the impression that you lingered with perhaps the sense that you
felt uncomfortable with it as well. I will allow you to correct it if it's not
right. After this meeting took place, which clearly director Comey felt had a
level of uncomfortableness. You never asked him what took place in that
meeting?
SESSIONS: I will say it this way. We were
there and I was standing there and without revealing any conversation that took
place, what I recall is that I did depart and I believe everyone else did
depart and Director Comey was sitting in front of the president's desk and they
were talking. I believe it was the next day that he said something and
expressed concern about being left alone with the president.
That
in itself is not problematic. He did not tell me at that time any details about
anything that was said that was improper. I affirmed his concern that we should
be following the proper guidelines of the Department of Justice and basically
backed him up in his concerns. He should not carry on any conversation with the
president or anyone else about an investigation in a way that was not proper.
I
felt he so long in the want it, the former deputy attorney general knew the
policy a good deal better than I did.
WARNER: Thank you. It did appear
that Mr. Comey felt that the conversation was improper.
SESSIONS: He was concerned about it. His
recollection of what he said to me about his concern is consistent with my
recollection.
BURR: Senator?
SEN.
JIM RISCH: Attorney
General Sessions, good to hear you talk about how important this Russian
interference and active measures on the campaign is. I don't think there is any
American who would disagree with the fact this we need to drill down to this,
know what happened, get it out in front of the American people and do what we
can to stop it again. That's what the committee was charged to do and started
to do. As you know on February 14th, The New York Times published an article
alleging that there were constant communications between the Trump campaign and
the Russians in collusion regarding the elections. Do you recall that article
when it came out?
SESSIONS: Not exactly.
RISCH: Generally?
SESSIONS: Generally I remember the
charges.
RISCH: Mr. Comey told us when he was
here last week, he had a specific recollection. He chased it down through the
intelligence community and was not able to find that evidence and then sought
out both Republicans and Democrats to tell them that this was false and there
was no such facts anywhere. Nonetheless, after that, this committee took that
on as a thing we have spent really substantially more time on the Russian
active measures. We have been through thousands of pages of information,
interviewed witnesses and everything else who were no different than where we
were when this thing started. There is no reports they know of of any factual
information. Are you aware of any such information?
SESSIONS: Is that from the dossier
or so-called dossier? I believe that's the report that Senator Franken hit me
with when I was testifying--I think it’s been pretty substantially discredited
but you would know more than I. But what was said that would suggest I
participated in the continuing communications with Russians as a surrogate is
absolutely false?
RISCH: Mr. Sessions, there has been
all this talk about conversations and you had conversations with the Russians.
Senators up here who were on foreign relations and intelligence or armed
services, conversations with officers of other governments or ambassadors or
what you are everyday occurrences here, multiple time occurrences for most of
us. Is that a fair statement?
SESSIONS: I think it is, yes.
RISCH: Indeed you run into one in the
grocery store. Is that fair?
SESSIONS: That could very well happen. We
did nothing improper.
RISCH: On the other hand collusion
with the Russians or any other government when it comes to elections certainly
would be improper and illegal. That that be a fair statement?
SESSIONS: Absolutely.
RISCH: You willing to tell the
American people unfiltered by what the media will put out you participated in
no conversations of any kind where there was collusion between the trump
campaign and a foreign government?
SESSIONS: I can say that absolutely and
have no hesitation to do so.
RISCH: The former U.S. Attorney and
the attorney general of the United States, you participated as you described in
the trump campaign. You travelled with the campaign?
SESSIONS: I did.
RISCH: You spoke for the
campaign?
SESSIONS: Not continually on the --
RISCH: Based approximate your
experience and based approximate your participation, did you hear a whisper or
a suggestion or anyone saying the Russians were involved?
SESSIONS: I would not.
RISCH: What would you have done?
SESSIONS: Would know it was improper.
RISCH: You would head for the exit.
SESSIONS: This is a serious matter. You
are talking about hacking into a private person or DNC computer and obtaining
information and spreading that out. That's not right. It's likely that laws
were violated if laws occurred. It's an improper thing.
RISCH: Has any person from the White
House to the administration including the president of the United States either
directed you or asked to you do any unlawful or illegal act since you have been
attorney general of the United States?
RISCH: No, Senator Risch. They
have not.
RISCH: Thank you, Mr. Chair.
BURR: Senator Feinstein.
SEN.
DIANNE FEINSTEIN: Thanks
very much, Mr. Chairman. Welcome, attorney general.
SESSIONS: Thank you.
FEINSTEIN: On May 19th, Mr. Rosenstein in
a statement to the House of Representatives, essentially told them he learned
on May 8th President Trump intended to remove Director Comey. When you wrote
your letter on May 9, did you know that the president had already decided to
fire Director Comey?
SESSIONS: Senator Feinstein, I
would say I believe it has been made public that the president asked us our
opinion and it was given and he asked us to put that in writing. I don't know
how much more he said than that, but he talked about it and I would let his
words speak for themselves.
FEINSTEIN: Well, on May 11th on NBC
Nightly News two days later, the president stated he would fire Comey
regardless of the recommendation. I'm puzzled about the recommendation because
the decision had been made. What was the need for you to write a
recommendation?
SESSIONS: Well, we were asked our opinion
and when we expressed it which was consistent with the letter we wrote, I felt
comfortable and I asks the attorney general did too in providing that
information in writing.
FEINSTEIN: Do you concur with the
president he was going to fire Comey regardless of recommendation because the
problem was the Russian investigation?
SESSIONS: Senator Feinstein, I will have
to let his words speak for himself. I'm not sure what was in his mind
explicitly when we talked to him.
FEINSTEIN: Did you discuss director
Comey's handling of the investigations with the president or anyone else?
SESSIONS: Senator Feinstein, that would
call for a communication between the director and the president and I'm not
able to comment on that.
FEINSTEIN: You are not able to
answer the question here whether you discussed that with him?
SESSIONS: That's correct.
FEINSTEIN: And how do you view that
since you discussed his termination, why wouldn't you discuss the reasons?
SESSIONS: Well, those were put in writing
and sent to the president and he made those public. He made that public.
FEINSTEIN: You had no verbal conversation
with him about the firing of Mr. Comey?
SESSIONS: I'm not able to discuss with
you or confirm or deny the nature of a private conversation that I may have had
with the president on this subject or others. I know this will be discussed,
but that's the rules that have been adhered to by the Department of Justice as
you know.
FEINSTEIN: You are a long time colleague,
but we heard Mr. Coats and Admiral Rogers say essentially the same thing. When
it was easy just to say if the answer was no, no.
SESSIONS: The easy would have been easier
to say yes, yes. Both would have been improper.
FEINSTEIN: Okay. So how exactly were you
involved in the termination of director Comey? Because I am looking at your
letter dated May 9 and you say the Director of the FBI must be someone who
follows faithfully the rules and principles and sets the right example for our
law enforcement officials therefore I must recommend you remove director Comey
and identify an experience and qualified individual to lead the great men and
women of the FBI. Do you really believe that this had to do with director
Comey's performance with the men and women of the FBI?
SESSIONS: There was a clear view of mine
and of Deputy Attorney General Rosenstein as he set out at some length in his
memoranda which I adopted and sent forward to the president that we had
problems there and it was my best judgment that a fresh start at FBI was the
appropriate thing to do. And when I said that to the president, deputy
Rosenstein's letter dealt with a number of things. When Mr. Comey declined the
Clinton prosecution, that was really a usurpation of the authority of the
federal prosecutors in the Department of Justice. It was a stunning
development. The FBI is the investigative team. They don't decide the
prosecution policies.
That
was a thunderous thing. He also commented at some length on the declination of
the Clinton prosecution which you should not do. Policies have been historic.
If you decline, you decline and don't talk about it. There were other things
that had happened that indicated to me a lack of discipline and it caused
controversy on both sides of the aisle and I had come to the conclusion that a
fresh start was appropriate and did not mind putting that in writing.
FEINSTEIN: My time is up. Thank you
very much.
BURR: Senator Rubio.
SEN.
MARCO RUBIO: Thank
you for being here. I want to go back to February 14th and go back to the
details and the Director was here and provided great detail. There was a
meeting in the Oval Office and you recall being there along with him and the
meeting concluded and the president asked the director to stay behind, correct?
SESSIONS: That's a communication in
the White House that I would not comment on.
RUBIO: You remember seeing him
stay behind?
SESSIONS: Yes.
RUBIO: His testimony was that you
lingered and his view of it was you lingered because you knew you needed to
stay. Do you remember lingering and feeling like you needed to stay?
SESSIONS: I do recall being one of
the last ones to leave.
RUBIO: Did you decide to be one
of the last to leave?
SESSIONS: I don't know how that
occurred. I think we finished a terrorism or counter terrorism briefing and
people were filtering out. I eventually left and I do recall and I think I was
the last or one of the last two or three to leave.
RUBIO: Would it be fair to say
you needed to stay because it involved the FBI director?
SESSIONS: I don't know how I would
characterize that, senator. It didn't seem to be a major problem. I knew that
Director Comey, long-time experienced individual of the Department of Justice,
could handle himself well.
RUBIO: He characterized it as he
said never leave me alone with the president again. It's not appropriate. This
is his characterization, you shrugged as if to say what am I supposed to do
about it?
SESSIONS: I think I described it more
completely and correctly. He raised that issue with me. I believe the next day.
I think that was correct. He expressed concern about that private conversation.
I agreed with him essentially that there are rules on private conversations
with the president. It is not a prohibition on a private discussion with the president
as I believe he acknowledged six or more himself with president Obama and
president trump. I didn't feel like -- he gave me no detail about what it was
that he was concerned about.
I
didn't say I wouldn't be able to respond if he called me. He certainly knew
with regard that he could call his direct supervisor which in the Department of
Justice, a supervisor to the FBI, the deputy attorney general could have
complained any time if he felt pressured, but I had no doubt he would not yield
to any pressure.
RUBIO: Do you know if the
president records conversations in the oval office or anywhere in the white
house some.
SESSIONS: I do not.
RUBIO: If any president was to
record conversations in their official duties, would there be an obligation to
preserve those records?
SESSIONS: I don't know, senator. Probably
so.
RUBIO: I want to go to the
campaign for a moment. I'm sure you are aware it is widely reported. They often
pose not simply as an official, but undercovers such as businessman, journalist
and the like. At any point during the campaign, did you have an interaction who
in hindsight you look back and say they tried to gain influence and in
hindsight you look back and wonder?
SESSIONS: I don't believe in my
conversations with the three times.
RUBIO: Just in general.
SESSIONS: Well, I meant a lot of people
and a lot of foreign officials who wanted to argue their case for their country
and to point out things they thought were important for their countries. That's
the Normal thing we talk about.
RUBIO: As far as someone who is not an
official from another count row and a businessman or anyone walking down the
street, it struck me as someone who wanted to find out what the campaign was up
to. In hindsight it appears suspicious some.
SESSIONS: I don't recall it now.
RUBIO: My last question, you were on
the foreign policy team and the Republican platform was changed to not provide
defensive weapons to Ukraine. Were you involved in that decision and do you
know how the change was made?
SESSIONS: I was not active in the
platform committee and did not participate in that, and I don't think I had
direct involvement.
RUBIO: Do you know who did or you have
no recollection of a debate about that issue internally in the campaign?
SESSIONS: I never watched the
debate, if it occurred, on the platform committee. I think it did. So I don't
recall that, Senator. I’d have to think about that.
RUBIO: Thank you.
BURR: Senator Wyden?
SEN.
RON WYDEN:
Thank you very much. Mr. Chairman, I want to thank you for holding this hearing
in the open and in full view of the American people where it belongs. I believe
the American people have had it with stonewalling.
Americans
don't want to hear the answers are privileged and off limits or they can't be
provided in public or it would be inappropriate for witnesses to tell us what
they know. We are talking about an attack on our democratic institutions and
stonewalling of any kind is unacceptable. General Sessions acknowledged that
there is no legal basis for this stonewalling. So now to questions. Last
Thursday, I asked the former director Comey about the FBI's intersections with
you prior to your stepping aside from the Russia investigation. Mr. Comey said
your continued engagement with the Russian investigation was "problematic
" and he said he could not discuss it in public.
Mr.
Comey had also said that FBI personnel were calling for to you step aside from
the investigation at least two weeks before you finally finally did so. In your
prepared statement you said you received, quote, limited information necessary
to inform your recusal decision. Given director Comey's statement, we need to
know what that was. Were you aware of any concerns at the FBI or elsewhere in
government about your contacts with the Russians or any other matters relevant
to whether you should step aside from the Russian investigation?
SESSIONS: Senator Wyden, I am not
stonewalling. I am following the historic policies of the Department of
Justice. You don't walk into hearing or committee meeting and reveal confidential
communications with the President of the United States who is entitled to
receive conventional communications in your best judgment about a host of
issues and have to be accused of stonewalling them. So I would push back on
that.
Secondly,
Mr. Comey, perhaps he didn't know, but I basically recused myself the first day
I got into the office because I never accessed files. I never learned the names
of investigators. I never met with them. I never asked for any documentation.
The documentation, what little I received, was mostly already in the media and
was presented by the senior ethics public -- professional responsibility
attorney in the department and I made an honest and proper decision to recuse
myself as I told Senator Feinstein and the members of the committee I would do
when they confirmed me.
WYDEN: Respectfully, you're not
answering the question.
SESSIONS: What is the question?
WYDEN: The question is, Mr. Comey
said there were matters with respect to the recusal that were problematic and he
couldn't talk about them. What are they?
SESSIONS: Why don't you tell me. There
are none, Senator Wyden. There are none. I can tell you that for absolute
certainty. This is a secret innuendo being leaked out there about me, and I
don't appreciate it. I try to give my best and truthful answers to any
committee I've appeared before, and it's really -- people are suggesting
through innuendo that I have been not honest about matters, and I've tried to
be honest.
WYDEN: My time is short. You made
your point that you think Mr. Comey is engaging in innuendo. We’re going to
keep digging.
SESSIONS: Senator Wyden, he did not say
that.
WYDEN: He said it was problematic,
and asked you what was problematic about it.
SESSIONS: Well, some of that leaked out
of the committee that he said in closed session.
WYDEN: Okay. One more question. I
asked the former FBI director whether your role in firing him, given that he
was fired because of the Russian investigation. Director Comey said this was a
reasonable question. I want to ask you point-blank, why did you sign the letter
recommending the firing of Director Comey when it violated your recusal?
SESSIONS: It did not violate my
recusal. It did not violate my recusal. That would be the answer to that. And
the letter that I signed represented my views that had been formulated for some
time.
WYDEN: Mr. Chairman, just so I can
finish. That answer in my view doesn't pass the smell test. The president
tweeted repeatedly about his anger about investigations into his associates and
Russia. The day before you wrote your letter, he tweeted the collusion story
was a total hoax and asked when will this taxpayer-funded charade end. It
doesn't pass the smell test.
SESSIONS: Senator Wyden, I should be
able to briefly respond at least and say the letter, the memorandum that Deputy
Rosenstein wrote and my letter that accompanied it represented my views of the
situation.
WYDEN: I'll ask more on the second
round. Thank you.
BURR: Senator Collins.
SEN.
SUSAN COLLINS:
Thank you, Mr. Chairman. Attorney General Sessions, I want to clarify who did
what with regard to the firing of Mr. Comey. First, when did you have your
first conversation with Rod Rosenstein about Mr. Comey.
SESSIONS: We talked about it before
either one of us were confirmed. It was a topic of conversation among people
who served in the department for a long time. They knew what happened that fall
was pretty dramatically unusual. Many people felt it was very wrong. So it was
in that context that we discussed it. We both found that we shared common view
that a fresh start would be appropriate.
COLLINS: This was based on Mr. Comey's
handling of the investigation involving Hillary Clinton in which you said he
usurped the authority of prosecutors at the Department of Justice?
SESSIONS: Yes. That was part of it, and
the commenting on the investigation in ways that go beyond the proper policies.
We need to restore, Senator Collins, I think, the classic discipline in the
department. My team, we've discussed this. There's been too much leaking and
too much talking publicly about investigations. In the long run, the
department’s historic rule that you remain mum about investigations is the
better policy.
COLLINS: Now, subsequently the
president asked you to put your views in writing you’ve testified today. I
believe that you were right to recuse yourself from the ongoing Russian
investigation, but then on May 9th you wrote your recommendation that Mr. Comey
be dismissed. Obviously this went back many months to the earlier conversations
you had had with Mr. Rosenstein. My question is why do you believe that your
recommendation to fire director Comey was not inconsistent with your March 2nd
recusal?
SESSIONS: Thank you. The recusal
involved one case involved in the Department of Justice and in the FBI. They
conduct thousands of investigations. I'm the attorney general of the United
States. It's my responsibility to our Judiciary committee and other committees
to ensure that that department is run properly. I have to make difficult
decisions, and I do not believe that it is a sound position to say that, if
you're recused for a single case involving any one of the great agencies like
DEA or U.S. Marshals or ATF that are part of the Department of Justice, you
can't make a decision about the leadership in that agency.
COLLINS: Now, if you had known that
the president subsequently was going to go on TV and in an interview are Lester
holt of NBC would say this Russian thing was the reason for his decision to
dismiss the FBI director, would you have felt uncomfortable about the timing of
the decision?
SESSIONS: Well, I would just say this,
Senator Collins. I don't think it's appropriate to deal with those kind of
hypotheticals. I have to deal in actual issues. I would respectfully not
comment on that.
COLLINS: Well, let me ask you this. In
retrospect, do you believe that it would have been better for you to have
stayed out of the decision to fire director Comey?
SESSIONS: I think it's my
responsibility. I mean I was appointed to be attorney general, supervising all
the federal agencies is my responsibility, trying to get the very best people
in those agencies at the top of them is my responsibility, and I think I had a
duty to do so.
COLLINS: Now, director Comey testified
that he was not comfortable telling you about his one-on-one conversation with
the president on February 14th because he believed that you would shortly
recuse yourself from the Russian investigation which did did. Yet, Director
Comey testified that he told no one else at the department outside of the
senior leadership team at the FBI. Do you believe that the director received
information about the president saying that he hoped he could let Michael Flynn
go to someone else at the Department of Justice? There are an awful lot of
lawyers at the department of justice, some 10,000 by last count.
SESSIONS: I think the appropriate thing
would have been for Director Comey to talk with the acting deputy attorney
general who is his direct supervisor. That was Dana Boente who had 33 years in
the Department of Justice and was even then still serving for six years and
continues to serve of as attorney general appointed by President Barack Obama,
so he's a man of great integrity and everybody knows it, a man of decency and
judgment.
If
he had concerns, he should have raised it to Deputy Attorney General Boente who
would be the appropriate person in any case really, but if he had any concern
that I might be recusing myself, that would be a double reason for him to share
it with deputy attorney general Boente.
COLLINS: Thank you.
BURR: Senator Heinrich.
SEN.
MARTIN HEINRICH:
Attorney General Sessions, has the president ever expressed his frustration to
you regarding your decision to recuse yourself?
SESSIONS: Senator Heinrich, I'm not
able to share with this committee private communications --
HEINRICH: You're invoking executive
privilege.
SESSIONS: I'm not able to invoke
executive privilege. That's the president's prerogative.
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?
SESSIONS:
Senator, I'm protecting the president's constitutional right by not giving it
away before he has a chance to review it.
HEINRICH: You can't have it both ways.
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.
HEINRICH: Can you share those policies
with us. Are they written down at the Department of Justice?
SESSIONS: I believe they are.
HEINRICH: This is the appropriateness
legal standard for not answering congressional inquiries.
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 --
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.
SESSIONS: I would say that I have
consulted with senior career attorneys in the department.
HEINRICH: I suspect you have.
SESSIONS: And they believe this is
consistent with my duties.
HEINRICH: Senator Risch asked you a
question about appropriateness if you had known that there had been anything
untoward with regard to Russia in the campaign, would you have headed for the
exits? Your response was maybe. Why wasn't it a simple yes?
SESSIONS: Well, [if] there was an
improper illegal relationship in an effort to impede or to influence the
campaign I absolutely would have depart.
HEINRICH: I think that's a good answer.
I'm not sure why it wasn't the answer in the first place. I find it strange
that neither you nor deputy attorney general rod Rosenstein brought up
performance issues with director Comey, and, in fact, deputy FBI director
McCabe has directly refuted any assertion that there were performance issues.
This
is troubling because it appears that the president decided to fire director
Comey because he was pursuing the Russia investigation and had asked you to
come up with an excuse. When your assessment of director Comey didn't hold up
to public scrutiny, the president finally admitted that he had fired director
Comey because he was pursuing the Russia investigation, ie the Lester holt
interview. You said you did not break recusal when participating in the Comey
firing, but it appears that it was directly related to Russia and not
department mismanagement. How do you square those two things?
SESSIONS: You have a lot in that
question. Let me say first. Within a week or so, I believe may 3rd, director
Comey testified that he believed the handling of the Clinton declination was
proper and appropriate and he would do it again.
I
know that was a great concern to both of us because it did not -- that
represented something that I think most professionals in the Department of
Justice would totally agree that the FBI investigative agency does not decide
whether to prosecute or decline criminal cases. Pretty breathtaking usurpation
of the responsibility of the attorney general. So that's how we felt. That was
sort of additional concern that we had heading the FBI someone who boldly asserted
the right to continue to make such decisions. That was one of the things we
discussed. That was in the memorandum I believe and it was also an important
factor for us.
BURR: Before I recognize Senator
Blunt, I would like the record to show that last night Admiral Rogers spent
almost two hours in closed session with the -- with almost the full committee
fulfilling his commitment to us in the hearing that in closed session he would
answer the question, and I think it was thoroughly answered and all members
were given an opportunity to ask the question. I want the record to show with
what senator Heinrich stated. Senator Blunt.
SEN.
ROY BLUNT:
Thank you, chairman. Attorney General, it’s good to see you here and it’s good
to see Mary. I'm sure there's probably other places you would both rather be
today but you’ve always looked at public service as something you did together,
and it's good to see you here together and know that your family continues to
be proud and supportive of what you do.
SESSIONS: Thank you, I've been blessed
indeed.
BLUNT: I agree with that. I agree
with that. Let me just get a couple of things clear in my mind here of notes
I've taken while people were asking questions, and you were talking. On the
April 27, 2016 event, I think that's the Mayflower Hotel speech that the
presidential candidate gave on foreign policy. You didn't have a room at that
event where you had private meetings, did you?
SESSIONS: No, I did not.
BLUNT: And as I understand i,t
you went to a reception that was attended by how many people?
SESSIONS: I think two to three dozen.
BLUNT: Two to three dozen people.
You went and heard a speech and may have seen people on your way out?
SESSIONS: Correct.
BLUNT: So when you said you possibly
had a meeting with Mr. Kislyak, did you mean you possibly met him?
SESSIONS: I didn't have any formal
meeting with him. I'm confident of that, but I may have had an encounter during
the reception. That's the only thing I cannot say with certainty I did not.
That's all I can say.
BLUNT: Well, that's what I thought
you were saying, but sometimes when I hear meeting, that would mean more to me
than I met somebody. You might have met him at the reception. Could you have
met other ambassadors at that reception as well?
SESSIONS: I could. I remember one in
particular that we had a conversation with, whose country had an investment in
Alabama, and we talked a little length about that, I remember that, but
otherwise I have no recollection of a discussion with the Russian ambassador.
BLUNT: Alright, so you were there.
You've read since he was there, you may have seen him, but you had no room
where you were having meetings with individuals to have discussions at the
Mayflower Hotel that day.
SESSIONS: No, that is correct.
BLUNT: Whenever you talked to Mr.
Comey after he had had his meeting with the president, you think that was
probably the next day. You didn't stay afterwards and see him after he left the
oval office that night?
SESSIONS: No. I understand his
testimony may have suggested that it happened right afterwards, but it was
either the next morning, which I think it was, or maybe the morning after that.
It was, we had a three times a week national security briefing with the FBI
that I undertake, and so it was after that that we had that conversation.
BLUNT: Where you had that
conversation. What I'm not quite clear on is: did you respond when he expressed
his concern or not?
SESSIONS: Yes, I did respond. I think
he's incorrect. He indicated I believe that he was not totally sure of the
exact wording of the meeting, but I do recall, my chief of staff was with me,
and we recall that I did affirm the long-standing written policies of the
Department of Justice concerning communications with the White House. We have
to follow those rules and in the long run you're much better off if you do.
They do not prohibit communications one-on-one by the FBI director with the
president, but if that conversation moves into certain areas, it's the duty --
the rules apply to the Department of Justice, so it's a duty of the FBI agent
to say, “Mr. President, I can't talk about that.” That's the way that should
work, and apparently it did, because he says he did not improperly discuss
matters with the president.
BLUNT: When Mr. Comey talked to you
about that meeting, did he mention Mr. Flynn?
SESSIONS: No. He mentioned no facts of
any kind. He did not mention to me that he had been asked to do something he thought
was improper. He just said he was uncomfortable I believe with it.
BLUNT: After that discussion with
Mr. Comey --
SESSIONS: Actually I don't know that he
said he was uncomfortable. I think he said maybe it was what he testified to
was perhaps the correct wording. I'm not sure exactly what he said, but I don't
dispute it.
BLUNT: Well, exactly what I think --
what I remember him saying was that you didn't react at all and kind of
shrugged, but you’re saying you referred him to the normal way these meetings
are supposed to be conducted.
SESSIONS: I took it as a concern that
he might be asked something that was improper, and I affirmed to him his
willingness to say no or not go in an improper way, improper direction.
BLUNT: Just finally, I'm assuming
you wouldn't talk about this. cause it would relate to the May 8 meeting, but
my sense is that no decision is final until it's carried out. I guess is that
there are people at this who have said they were going to let somebody go or
fire somebody and never did that, so the fact that the president said that on
May 8 doesn't mean that the information he got from you on May 9 was not
necessary or impactful, and I'm sure you're not going to say how many times the
president said we ought to get rid of that person, but I'm sure that's
happened, and, chairman, I'll yield.
BURR: Senator King.
SENATOR
ANGUS KING:
Mr. Attorney General, thank you for joining us today.
SESSIONS: Thank you.
KING: I respect your willingness to
be here. You testified a few minutes ago I'm not able to invoke executive
privilege. That's up to the president. Has the president invoked executive
privilege in the case of your testimony here today?
SESSIONS: He has not.
KING: Then what is the basis of
your refusal to answer these questions?
SESSIONS: Senator king, the president
has a constitutional --
KING: I understand that, but the
president hasn't asserted that. You said you don't have the power to exert
executive privilege so what is the legal basis for your refusal to answer the
questions?
SESSIONS: I'm protecting the right of
the president to assert it if he chooses and there may be other privileges that
could apply in this circumstance.
KING: Well, I don't understand how
you can have it both ways. The president can't not assert it, and you've testified
that only the president can assert it and yet I just don't understand the legal
basis for your refusal to answer.
SESSIONS: What we try to do, I think
most cabinet officials, others that you questioned recently, officials before
the committee, protect the president's right to do so. If it comes to a point
where the issue is clear and there's a dispute about it, at some point the
president will either assert the privilege or not or some other privilege would
be asserted, but at this point I believe it's premature
KING: You're asserting a privilege.
SESSIONS: It would be premature for me
to deny the president a full and intelligent choice about executive privilege.
That's not necessary at this point.
KING: You testified a few minutes
ago, that quote, we were asked for our opinion. Who asked for your opinion? You
testified we were asked for our opinion.
SESSIONS: My understanding is I believe
I'm correct in saying the president had said so.
KING: He didn't ask you directly.
SESSIONS: I thought you were asking
about the privilege. If you want to go back to the --
KING: You said, quote, we were
asked for our opinion, you and Mr. Rosenstein.
SESSIONS: I believe that was
appropriate for me to say that because I think the president had said --
KING: I'm just asking for your
opinion. Who asked you for your opinion?
SESSIONS: Yes, right. The president
asked for our opinion.
KING: All right. So you just
testified as to the content of a communication to the president.
SESSIONS: But I believe he's already
revealed that. I believe I'm correct in saying, that that's why I indicated
that when I answered that question, but if he hasn't and I'm in error, I would
have constricted his constitutional right of privilege. You're correct.
KING: You're being selective about
the use --
SESSIONS: I'm doing so only because I
believe he made that piece of information public.
KING: Did the question of the
Russia investigation in the firing of James Comey come up?
SESSIONS: I cannot answer that because
it was a communication by the president or if any such occurred it would be a
communication that he has not waived.
KING: But he has not asserted the
executive privilege.
SESSIONS: He's not exerted executive
privilege.
KING: Do you believe the Russians
interfered with the 2016 elections?
SESSIONS: It appears so. The
intelligence community seems to be united in that, but I have to tell you,
senator king, I know nothing but what I've read in the paper. I've never
received any details, briefing on how hacking occurred or how information was
alleged to have influenced the campaigns.
KING: Between the election, there
was a memorandum from the intelligence community on October 9th, that detailed
what the Russians were doing after the election, before the inauguration. You
never sought any information about this rather dramatic attack on our country?
SESSIONS: No.
KING: You never asked for a
briefing or attended a briefing or ruled are the intelligence reports?
SESSIONS: You might have been very
critical if I as an active part of the campaign was seeking intelligence
related to something that might be relevant to the campaign. I'm not sure --
KING: I'm not talking about the
campaign. I'm talking about what the Russians did. You received no briefing on the
Russian active measures in connection with the 2016 election.
SESSIONS: No, I don't believe I ever
did.
KING: Let's go to your letter of
May 9th. You said based upon my evaluation and for the reasons expressed by the
deputy, was that a written evaluation?
SESSIONS: My evaluation was an
evaluation that had been going on for some months.
KING: Is there a written
evaluation?
SESSIONS: I did not make one. I think
you could classify deputy attorney general Rosenstein's memorandum as an
evaluation, and he was the direct supervisor of the FBI director.
KING: And his evaluation was based
100% on the handling of the Hillary Clinton e-mails, is that correct?
SESSIONS: Well, and a number of other
matters as I recall, but he did explicitly lay out the errors that he thought
had been made in that process by the director of the FBI. I thought they were
cogent and accurate and far more significant than I think a lot of people have
understood.
KING: Thank you, Mr. Chairman.
BURR: Senator Lankford.
SEN.
JAMES LANKFORD:
Attorney General Sessions, good to see you again.
SESSIONS: Thank you.
LANKFORD: You've spoken very plainly
from the beginning from your opening statement all the way through this time. I
am amazed at the conversations as if an attorney general has never said there
were private conversations with the president and we don't need to discuss
those. It seems to be a short memory about some of the statements Eric Holder
would and would not make to any committee in the House or the Senate and would
or would not turn over documents even requested. That had to go all the way
through the court systems for the courts to say no, the president can't hold
back documents and the attorney general can't do that. So somehow the
accusation that you're not saying every conversation about everything, there's
a long history of attorney generals standing beside the president saying there
are some conversations that are confidential, and then it can be determined
from there.
It
does seem as well that every unnamed source story somehow gets a hearing. I was
in the hearing this morning with Rod Rosenstein as we dealt with the
appropriations request that originally you were expected to be at, that rod
Rosenstein was taking your place to be able to cover. He was very clear and
peppered with questions about Russia during that conversation as well. He was
very clear that he has never had conversations with you about that and that you
have never requested conversations about that.
He
was also peppered with questions of the latest rumor of the day that is somehow
the president is thinking about firing Robert Mueller and getting rid of him
and was very clear that Rosenstein himself said I'm the only one that could do
that, and I'm not contemplating that nor would I do that and no one has any
idea where the latest unnamed sourced story of the day is coming from, but
somehow it's grabbing all the attention. I do want to be able to bring up a
couple of things to you specifically. One is to define the word recuse, and I
come back to your e-mail that you sent to Jim Comey and others that day, on
March the 2nd. This was what you had said during -- in your e-mail. “After
careful consideration following meetings with career department officials over
the course of the past several weeks the attorney general has decided to recuse
himself from any existing or future investigations of any matters related in
any way to the campaigns for president of the United States. The attorney
general's recusal is not only with respect to such investigations, if any, but
also extends to the department responses to congressional and media inquiries
related to such investigations.” Is that something you have maintained from
March 2nd on?
SESSIONS: Absolutely. Actually I
maintained it from the first day I became attorney general. We discussed those
matters, and I felt until -- until and if I ever made a decision to not recuse
myself I should not, as an abundance of caution, involve myself in studying the
investigation or evaluating it so I did not. I also would note that the
memorandum from my chief of staff directs these agencies and one of the people
directly it was sent to was James B. Comey, director of the FBI.
You
should instruct members of your staffs to not -- not to brief the attorney
general or any other officials in the office of the attorney general about or
otherwise involve the attorney general or other officials in the office of the
attorney general in any such matters described above, and we took the proper
and firm and crystal clear position that the recusal meant recusal.
LANKFORD: The National Interest was
asked specific by this as well who was the host of that event. They stated this
in writing. "As the host, the Center for National Interest decided whom to
invite and then issued the invitations. The Trump campaign did not determine or
approve the invitation list. Guests of the event included both Republicans and
Democrats with some of the lighter supporting other candidates. Most of the
guests Washington-based foreign policy experts and journalists, Center for
National Interest invited Russian Ambassador Kislyak and several other
ambassadors to the speech. We regularly invite ambassadors and other foreign
representatives to our events to facilitate dialogue."
Then
they said, "We seated all four in the front row during the speech in
deference to the diplomatic status. The Trump campaign had nothing to do with
the seating arrangement. The Center for National Interest extended equal
treatment of the four ambassadors attending the event and invited each to a
short reception prior to the trump speech. It includes approximately two dozen
guests in a receiving line. The line moved quickly and any conversations with
Mr. Trump in that setting were inherently brief and could not be private. Our
recollection is, the interaction with Mr. Trump and Ambassador Kislyak was
limited to polite exchange and pleasantries. Appropriate on such occasions, we
are not aware of any conversations with Ambassador Kislyak and Senator Jeff
Sessions at the reception. However, in a small group setting like this one, we
consider it unlikely that anyone would have engaged a meaningful private
conversation without drawing attention from others present. Do you have any
reason to disagree with that?
SESSIONS: No, I think that's a very
fair description of the reception situation. I appreciate them having made that
statement.
LANKFORD: I yield back.
BURR: Senator Manchin.
SEN.
JOE MANCHIN:
Mr. Chairman, thank you. Thank you, Mr. Attorney General, for being here. It’s
good to see you again.
SESSIONS: Thank you, Senator Manchin.
MANCHIN: I want to follow up on what
Senator King had asked concerning. You are and I are about the same vintage and
back in our lifetime we've never known the Russians to be -- the Russian
government or the Russian military to ever be our friend, and wanting the same
things we wanted out of life. With that being said, the seriousness of this
Russian hacking is very serious to me and concerning, and you're saying that
you had not been briefed on that. October -- I think it was October 9, when it
was known that the ODNIi I think at that time Mr. Clapper and also Mr. Jay Johnson,
homeland security made that public what was going on, then on December 29
President Obama at that time expelled 35 Russian diplomats, denied access to
two Russian-owned compounds. and he broadened the existing sanctions. Sir, I
would ask did you have any discussions at all -- have you had any discussions
or sat in on any type of meetings or recommendations made to remove those
sanctions?
SESSIONS: I don't recall any such
meeting.
MANCHIN: And during the time not from
the president being inaugurated on January 20, prior to that in the campaign,
up until and through the transition, was there ever any meetings that he showed
any concern or consideration or just inquisitive of what the Russians were
really doing and if they had really done it?
SESSIONS: I don't recall any such
conversations. I'm not sure I understood your question. Maybe I better listen
again.
MANCHIN: You were part of the national
security team, so if he would have heard something about Russia and with their
capabilities and our concern about what they could do to our election process,
was there ever any conversations concerning that whatsoever?
SESSIONS: I don't recall it, Senator
Manchin.
MANCHIN: I know it's been asked of you
things, your executive privilege in protecting the president. I understand
that, but also when we had Mr. Comey here, you know, he couldn't answer a lot
of things in open session. He agreed to go into a closed session. Would you be
able to go in a closed session? Would it change your answers to us or your
ability to speak more frankly on some things we would want to know.
SESSIONS: Senator Manchin, I'm not
sure. The executive privilege is not waived by going in camera or in closed
session. It may be that one of the concerns is that when you have an
investigation ongoing as the special counsel does, it's often very problematic
to have persons, you know, not cooperating with that counsel in the conduct of
the investigation, which way or may not be a factor in going into closed
session.
MANCHIN: It would be very helpful, I
think the committee, a lot of questions that they would like and you would like
to answer if possible and maybe we can check into that a little further. If I
could, sir, did you have any meetings, any other meetings with Russian
officials that have not previously been disclosed?
SESSIONS: I've racked my brain and I do
not believe so.
MANCHIN: Are there any other --
SESSIONS: I can assure you that none of
those meetings discussed manipulating the campaign a the United States in any
way. shape or form or any hacking or any such ideas.
MANCHIN: I'm going to go quick through
this. Are there any other meetings between Russian government officials and any
other Trump campaign associates that have not been previously disclosed that
you know of?
SESSIONS: I don't recall any.
MANCHIN: To the best of your
knowledge, did any of the following individuals meet with Russian officials at
any point during the campaign? You can just go yes or no as I go down through
the list: Paul Manafort.
SESSIONS: Repeat that now.
MANCHIN: To the best of your
knowledge, sir, did any of these following individuals meet with Russian
officials at any point during the campaign, and you can just yes or no on this:
Paul Manafort.
SESSIONS: I don't have any information
that he has done so. He served as campaign chairman for a few months.
MANCHIN: Steve Bannon.
SESSIONS: I have no information that he
did.
MANCHIN: General Michael Flynn.
SESSIONS: I don't recall it.
MANCHIN: Reince Priebus?
SESSIONS: I don't recall.
MANCHIN: Steve Miller?
SESSIONS: I don't recall him ever
having such a conversation.
MANCHIN: Corey Lewandowski.
SESSIONS: I do not recall any of those
individuals having any meeting with Russian officials.
MANCHIN: Carter Page.
SESSIONS: I don't know.
MANCHIN: And would I finally ask this
question, because I always think -- we try to -- you have an innate knowledge.
SESSIONS: There -- there may have been
some published accounts of Mr. Page talking with Russians, I'm not sure. I
don't recall though.
MANCHIN: As a former senator you bring
a unique holistic perspective to this investigation because you've been on both
sides.
SESSIONS: I have indeed. All in all
it's better on that side.
MANCHIN: Okay. If you were sitting on
this side of the dious
SESSIONS: Nobody gets to ask you about
your private conversations or your staff.
MANCHIN: Here you go. Give us a chance
to give us some advice. If you were sitting on this side of the dious, what
question would you be asking?
SESSIONS: I would be asking whether or
not -- I would be asking questions related to whether or not there was an
impact on this election.
MANCHIN: And what part of the story do
you think you're missing?
SESSIONS: By a foreign power,
particularly the Russians, since the intelligence community has suggested and
stated that they believe they did, but I do think members of this government
have offices to run and departments to manage and they -- and the questions
should be focused on that.
MANCHIN: Is there a part of the story
we're missing, I’m so sorry Mr. Chairman, is there a part of the story that
we're missing?
SESSIONS: I don't know, because I'm not
involved in the campaign and had no information concerning it. I have no idea
at what stage it is. You members of the committee know a lot more than I.
MANCHIN: Thank you, General Sessions.
BURR: General sessions, I will
assure you we're very much focused on Russia's involvement.
SESSIONS: Doesn't seem like to.
BURR: And our hope is that as
we complete the process we will lay the facts out for the American people, so
they can make their own determinations as well. We’re grateful for what we've
done. Senator Cotton.
SEN.
TOM COTTON: Well,
I am on this side of the dious and I could say a very simple question that
should be asked. I am on this side of the dious, so a very simple question that
should be asked is: “Did Donald Trump or any of his associates in the campaign
collude with Russia in hacking those e-mails and releasing them to the public?
That's where we started six months ago. We have now heard from six of the eight
Democrats on this committee, and to my knowledge. I don't think a single one of
them asked that question. They have gone down lots of other rabbit trails but
not that question. Maybe that is because Jim Comey said last week as he said to
Donald Trump on three times he assured him he was not under investigation.
Maybe it's because multiple Democrats on this committee have stated they have
seen no evidence thus far after six months of our investigation and ten months
or 11 months of an FBI investigation of any such collusion. I would suggest
what do we think happened at the Mayflower? Mr. Sessions, are you familiar with
what spies call trade craft?
SESSIONS: A little bit.
COTTON: That involves things like
covert communications and dead drops and brush passes, right?
SESSIONS: That is part of of it.
COTTON: Do you like spy fiction: John
le Carre, Daniel Silva, Jason Matthews?
SESSIONS: Yeah, Alan Furst, David
Ignatius’ books.
COTTON: Do you like Jason Bourne or
James Bond movies?
SESSIONS: No, yes, I do.
COTTON: Have you ever ever in any
of these fantastical situations heard of a plot line so ridiculous that a sitting
United States senator and an ambassador of a foreign government colluded at an
open setting with hundreds of other people to pull off the greatest caper in
the history of espionage?
SESSIONS: Thank you for saying that,
Senator Cotton. It's just like through the looking glass. I mean, what is this?
I explained how in good faith I said I had not met with Russians, because they
were suggesting I as a surrogate had been meeting continuously with Russians. I
said I didn't meet with them and now, the next thing you know I'm accused of
some reception plotting some sort of influence campaign for the American
election. It's just beyond my capability to understand, and I really
appreciate, Mr. Chairman, the opportunity to at least to be able to say
publicly I didn't participate in that and know nothing about it.
COTTON: And I gather that's one reason
why you wanted to testify today in public. Last week Mr. Comey in
characteristic dramatic and theatrical fashion alluded ominously to what you
call innuendo, that there was some kind of classified intelligence that
suggested you might have colluded with Russia or that you might have otherwise
acted improperly. You've addressed those allegations here today. Do you
understand why he made that allusion?
SESSIONS: Actually I do not.
Nobody's provided me any information.
COTTON: Thank you. My time is
limited and I have a lot of questions. Mr. Blunt asked you if you had spoken in
response to Mr. Comey's statement to you after his private meeting with the
president on February 14 or February 15. You said that you did respond to Mr. Comey.
Mr. Comey's testimony said that you did not. Do you know why Mr. Comey would
have said that you did not respond to him on that conversation with you on
February 14 or 15?
SESSIONS: I do not. It was a little
conversation, not very long, but there was a conversation, and I did respond to
him, perhaps not to everything he asked, but he -- I did respond to him. I
think in an appropriate way.
COTTON: Do you know why Mr. Comey
mistrusted President Trump from their first meeting on January 6? He stated
last week that he did. He didn't state anything from that meeting that caused
him to have such mistrust.
SESSIONS: I'm not able to speculate
on that.
COTTON: Let's turn to the potential
crimes that we know have happened: leaks of certain information. Here's a short
list of what I have. The contents of alleged transcripts of alleged
conversations between Mr. Flynn and Mr. Kislyak, the contents of President
Trump's phone calls with Australian and Mexican leaders, the content of Mr.
Trump's meetings with the Russian foreign minister and the ambassador, the leak
of Manchester bombing -- the Manchester bombing suspect’s identity and crime
scene photos and last week within 20 minutes of this committee meeting in a
classified setting is with Jim Comey, the basis of Mr. Comey's innuendo was.
Are these leaks serious threats to our national security, and is the Department
of Justice taking them with the appropriate degree of seriousness and
investigating and ultimately going to prosecute them to the fullest extent of
the law?
SESSIONS: Thank you, Senator
Cotton. We have had one successful case very recently in Georgia. That person
has been denied bail I believe and is being held in custody, but some of these
leaks, as you well know, are extraordinarily damaging to the United States
security, and we have got to restore a regular order principle. We cannot have
persons in our intelligence agencies, our investigative agencies or in Congress
leaking sensitive matters on staff, so this is -- I'm afraid will result -- is
already resulting in investigations, and I'm -- I fear that some people may
find that they wish they hadn't leaked it.
COTTON: Thank you. My time has
expired but for the record it was stated earlier that the Republican platform
was weakened on the point of arms for Ukraine. That is incorrect. The platform
was actually strengthened, and I would note that it was the Democratic
president who refused repeated bipartisan requests of this Congress to supply
those arms to Ukraine.
BURR: Senator Harris.
SEN.
KAMALA HARRIS: Attorney
General Sessions, you have several times this afternoon prefaced your responses
by saying to the best of your recollection. Just on the first page of your
three pages of written testimony, you wrote nor do I recall, do not have
recollection, do not remember it, so my question is for any of your testimony
today, did you refresh your memory with any written documents, be them your
calendar, written correspondence, e-mails or notes of any sort?
SESSIONS: I attempted to refresh my
recollection but so much of this is in a wholesale campaign of extraordinary
nature that you're moving so fast that you don't keep notes, you meet people. I
didn't keep notes of my conversations with the Russian ambassador at the
Republican convention. I didn't keep notes on most of these things.
HARRIS: Sir, will you provide the
committee with the notes that you did maintain?
SESSIONS: As appropriate I will
supply the committee with documents.
HARRIS: Can you please tell me
what you mean when you say appropriate?
SESSIONS: I would have to consult
with lawyers in the department who know the proper procedure before disclosing
documents that are held within the Department of Justice. I'm not able to make
that opinion today.
HARRIS: Sir, I'm sure you
prepared for this hearing today and most of the questions that have been
presented to you were predictable. So my question to you is did you then review
with the lawyers of your department if you as the top lawyer are unaware what
the law is regarding what you can share with us and what you cannot share with
us, what is privileged and what is not privileged.
SESSIONS: We discussed the basic
parameters of testimony. I frankly have not discussed documentary disclosure
rules.
HARRIS: Will you make a
commitment to this committee that you will share any written correspondence, be
they your calendars, records, notes, e-mails or anything that has been reduced
at any point in time in writing to this committee where legally you actually
have an obligation to do so.
SESSIONS: I will commit to reviewing
the rules of the department and as and when that issue is raised to respond
appropriately.
HARRIS: Did you have any
communications with Russian officials for any reason during the campaign that
have not been disclosed in public or to this committee?
SESSIONS: I don't recall it, but I
have to tell you, I cannot testify to what was said as we were standing at the
Republican convention before the podium where I spoke.
HARRIS: My question --
SESSIONS: I don't have a detailed
memory of that--
HARRIS: It is a relates to your
knowledge.
SESSIONS: To the best of my
knowledge.
HARRIS: Did you have any communication
with any Russian businessman or any Russian nationals?
SESSIONS: I don't believe I had any
conversation with Russian businessmen or Russian nationals.
HARRIS: Are you aware of any
communications --
SESSIONS: A lot of people were at
the convention, it's conceivable --
HARRIS: Sir. I have just a few
SESSIONS: Well, you let me qualify
-- if I don't qualify, it you'll accuse me of lying so I need to be correct as
best as I can.
HARRIS: I do want you to be honest.
SESSIONS: And I'm not to be able to
be rushed this fast. It the makes me nervous.
HARRIS: Are you aware of any
communications with other Trump campaign officials and associates that they had
with Russian officials or any Russian nationals?
SESSIONS: I don't recall that.
HARRIS: And are you aware --
SESSIONS: At this moment.
HARRIS: Are you aware of any communications
with any Trump officials or did you have any communications with any officials
about Russia or Russian interests in the United States before January 20?
SESSIONS: No. I may have had some
conversations, and I think I did, with the general strategic concept of the
possibility of whether or not Russia and the United States could get on a more
harmonious relationship and move off the hostility. The soviet union did in
fact collapse. It's really a tragic strategic event that we're not able to get along
better than we are today.
HARRIS: Before being sworn in as
Attorney General, how did you typically communicate with then candidate or
President-Elect Trump?
SESSIONS: Would you repeat that?
HARRIS: Before you were sworn in
as Attorney General, how did you typically communicate with then candidate or
President-Elect trump?
SESSIONS: I did -- : I did not
submit memorandum. I did not make formal presentations.
HARRIS: Did you ever communicate with
him in writing?
SESSIONS: I don't believe so.
HARRIS: And you referred to a
long-standing DOJ policy. Can you tell us what policy it is you're talking
about.
SESSIONS: Well, I think most
cabinet people as the witnesses, you had before you earlier, those individuals
declined to comment, because we're all about conversations with the president
--
HARRIS: Sir, I'm just asking you about
the DOJ policy you've referred to.
SESSIONS: A long-standing policy, a
policy that goes beyond just the attorney general.
HARRIS: Is that policy in writing
somewhere?
SESSIONS: I think so.
HARRIS: So did you not consult it
before you came before this committee knowing we would ask you questions about
that?
SESSIONS: Well, we talked about it.
The policy is based --
HARRIS: Did you ask that it would
be shown to you?
SESSIONS: The policy is based on
the principle that the president --
HARRIS: Sir, I'm not asking about
the principle. I'm asking when you would be asked these questions --
SESSION: Well, I'm unable to answer the
quest--
HARRIS: and you would rely on that
policy --
SEN.
JOHN MCCAIN: Chairman
--
HARRIS: Did you not ask your staff to
show you the policy that would be the basis for you refusing to answer the
majority --
MCCAIN: The witness should be allowed
to answer the question.
BURR: Senators will allow the chair
to control the hearing. Senator Harris, let him answer.
HARRIS: Please do.
BURR: Thank you.
SESSIONS: We talked about it, and
we talked about the real principle that's at stake is one that I have some
appreciation for as far as having spent 15 years in the department of Justice,
12 as United States attorney, and that principle is that the Constitution
provides the head of the Executive Branch certain privileges and that members
-- one of them is confidentiality of communications, and it is improper for
agents of any of the department -- any departments in the Executive Branch to
waive that privilege without a clear approval of the President.
HARRIS: Mr. Chairman. I have asked --
SESSIONS: And that's the situation
we're in.
HARRIS: I asked for a yes or no.
Did you ask --
SESSIONS: The answer is yes, I consulted.
BURR: The senator's time has
expired.
HARRIS: Apparently not.
BURR: Senator Cornyn.
SEN.
JOHN CORNYN: Attorney
General Sessions, former director Comey in his letter to FBI employees when he
was terminated started this way. He said I've long believed that a president
can fire an FBI director for any reason or no reason at all. Do you agree with
that?
SESSIONS: Yes, and I think that was
a -- good for him to say because I believe we're going to have a new and excellent
FBI director, a person who is smart, disciplined, with integrity and proven
judgment that would be good for the bureau, and I think that statement probably
was a valuable thing for Director Comey to say. I appreciate that he did.
CORNYN: Just to reiterate, the timeline
of your recusal and the Rosenstein memo and your letter to the president
recommending the termination of director Comey, you recused from the Russian
investigation hon March the 2nd, correct?
SESSION: The formal recusal took
place on that date.
CORNYN: The letter that you wrote
forwarding the Rosenstein memo to the president as a basis for director Comey's
termination was dated May the 9th, a couple of months after you had recused
from the Russian investigation, correct?
SESSIONS: I believe that's correct.
CORNYN: So isn't it true that the
Russian investigation did not factor into the -- into your recommendation to
fire director Comey?
SESSIONS: That is correct.
CORNYN: The memorandum written by
the deputy attorney general, your letter to the president forwarding that
recommendation didn't mention Russia at all. Is that your recollection?
SESSIONS: That is correct.
CORNYN: So let's review what the
basis was of deputy attorney general Rosenstein's recommendation. He wrote in
his memo on May the 9th. He said I cannot defend the director's handling of the
conclusion of the investigation of secretary Clinton's e-mails, and I do not
understand his refusal to accept the nearly universal judgment that he was
mistaken, and, of course, he's talking about director Comey. He went on to say
the director -- that was director Comey at the time was wrong to usurp the
attorney general's authority on July the 5th, 2016. You'll recall that was the
date of the press conference he held. He went on to say that the FBI director
is never empowered to supplant federal prosecutors and assume command of the
Justice department. Finally, he said compounding the error, the director
ignored another long-standing principle, that we do not hold press conferences
to release derogatory information about the subject of a declined criminal
investigation. In fact, there is written policy from the Department of Justice,
is there not, entitled Election Year sensitivities. Are you familiar with the
prohibition of the Justice Department making announcements or taking other
actions that might interfere with the Normal elections?
SESSIONS: I am generally familiar
with that. Some of those were the Holder memoranda after my time in the
department.
CORNYN: Well, let me --
SESSIONS: There's always been rules about
it though.
CORNYN: Well, let me ruled just
an excerpt from a memo from the attorney general. March theth, 2012, entitled
election year sensitivities. It says law enforcement officers and prosecutors
may never select the timing of investigative steps or criminal charges for the
purpose of affecting any election or for the purpose of giving an advantage or
disadvantage to any candidate or political party. Such a purpose is
inconsistent with the department's mission and with the principles of federal
prosecution. Do you agree with that?
SESSIONS: Essentially, yes.
CORNYN: So what essentially the
deputy attorney general said is that former director Comey violated Department
of Justice directives when he held a press conference on July the 5th, 2016. He
announced that Secretary Clinton was extremely careless with classified e-mail
and went on to release other derogatory information, including his conclusion
that she was extremely careless but yet went on to say that no reasonable
prosecutor would prosecute her. That is not the role of the FBI director, is
it? That is a job for the prosecutors at the Department of Justice. That's what
was meant by deputy attorney general Rosenstein when he said that director
Comey usurped the role of the Department of Justice prosecutors. Is that right?
SESSIONS: That is correct, and
former attorney general Bill Barr wrote an op-ed recently in which he said he
had assumed that attorney general lynch had urged Mr. Comey to make this
announcement so she wouldn't have to do it, but in fact it appears he did it
without her approval totally and that is a pretty stunning thing. It is a
stunning thing, and it violates fundamental powers and then when he reaffirmed
that the rightness he believe of his decision on May 3rd, I think it was, that
was additional confirmation that the director's thinking was not clear.
BURR: Senator Reed.
SEN.
JACK REED: Thank
you very much, Mr. Chairman. First, point, attorney general. Senator Heinrich
and others have raised the issue of long-standing rules. If there are written
rules, would you provide them to the committee, please.
SESSIONS: I will.
REED: Thank you very much. Now
senator Cornyn has made the point that director Comey's conduct was
unprofessional with respect to the Clinton campaign?
SESSIONS: I respect everything that
the deputy attorney general put in his memoranda as good and important factors
to use in determination whether or not he had conducted himself in a way that
justified continuing in office. I think it pretty well speaks for itself, and I
believe most of it did deal with that. The discussion about his performance was
a bipartisan discussion. It began during the election time. Democrats were very
unhappy about the way he conducted himself and in retrospect, in looking at it,
I think it was more egregious than I may have even understood at the time.
REED: General, if I may, and I don't
want to cut you off.
SESSIONS: I'll let you go, sorry.
REED: Excuse me, sir, on July 7th
when Mr. Comey made his first announcement about the case, you were on Fox
News, and you said, first of all, director Comey is a skilled former prosecutor
and then you concluded by saying essentially that it's not his problem. It's
Hillary Clinton's problem. Then in November, on November 6th, after Mr. Comey
again made news in late October by reopening, if you will, the investigation,
you said, again, on Fox News, you know, FBI director Comey did the right thing
when he found new evidence. He had no choice but to report it to the American
Congress where he had under oath testified. The investigation was over. He had
to direct that and say this investigation ongoing now. I'm sure it's
significant, or else he wouldn't have announced that. So in July and November
director Comey was doing exactly the right thing. You had no criticism of him.
You felt that in fact he was a skilled professional prosecutor. You felt that
his last statement in October was fully justified so how can you go from those
statements to agreeing with Mr. Rosenstein and then asking the president or
recommending that he be fired?
SESSIONS: I think in retrospect, as
all of us began to look at that clearly and talk about it as respectives of the
department of justice, once the director first got involved and embroiled in a
public discussion of this investigation which would have been better never to
have been discussed publicly, and said he -- it was over. Then when he found
new evidence that came up, I think he probably was required to tell Congress
that it wasn't over, that new evidence had been developed. It probably would
have been better and would have been consistent with the rules of the
Department of Justice to never have talked about the investigation to begin with.
Once you get down that road, that's the kind of thing that you get into that
went against classical prosecuting policies that I learned and was taught when
I was United States attorney and assistant united States attorney.
REED: If I may ask another question.
Your whole premise in recommending to the president was the actions in October
involving Secretary of State Clinton, the whole Clinton controversy. Did you
feel misled when the president announced that his real reason for dismissing
Mr. Comey was the Russia investigation?
SESSIONS: I don't have -- I'm not
able to characterize that fact. I wouldn't try to comment on that.
REED: So you had no inkling that
there was anything to do with Russia until the president of the United States
basically declared not only on TV but in the oval office to the Russian foreign
minister saying the pressure is off now. I got rid of that nutjob. That came to
you as a complete surprise?
SESSIONS: Well, all I can say, Senator
Reed, that our recommendation was put in writing and I believe it was correct
and I believe the president valued it, but how he made his decision was his
process.
REED: And you had no inkling
that he was considering the Russia investigation?
SESSIONS: Well, I'm not going to
try to guess what he thought about that.
REED: That's fair. There is a
possibility -- there is a scenario in which this whole recapitulation of
Clinton was a story basically, a cover story that the president tried to put
out and he quickly abandoned and his real reason was the Russia investigation
which if it had been the case I expect you would have recused yourself from any
involvement. Thank you.
BURR: Senator McCain.
MCCAIN: Over the last few weeks the
administration has characterized your previously undisclosed meetings with
Russia ambassador Kislyac as meetings you took in your official capacity as a
U.S. Senator and a member of the Senate Armed Services Committee. As chairman
of the that committee, let me ask you a few questions about that. At these
meetings did you raise concerns about Russia invasion of Ukraine or annexation
of Crimea?
SESSIONS: I did, Senator McCain,
and I would like to follow up a little bit on that. That's one of the meetings
-- that's one of the issues that I recall explicitly. The day before my meeting
with the Russian ambassador, I’d met with the Ukrainian ambassador, and I heard
his concerns about Russia, and so I raised those with Mr. Kislyak, and he gave,
as you can imagine, not one inch. Everything they did, the Russians had done,
according to him was correct, and I remember pushing back on it, and it was a
bit testy on that subject.
MCCAIN: Knowing you on the committee, I
can't imagine that. Did you raise concerns about Russia's support for President
Bashar Al Assad and his campaign of indiscriminate violence against his own
citizens including his use of chemical weapons?
SESSIONS: I don't recall whether
that was discussed or not.
MCCAIN: Did you raise concerns about
Russia's interference in our electoral process or interferences of the
electoral processes cause of our allies?.
SESSIONS: I don't recall that being
discussed.
MCCAIN: At those meetings, if you spoke
with Ambassador Kislyak in your capacity as a member of the Armed Services
Committee you presumably talked to him about Russia-related security issues
that you have demonstrated as important to you as a member of the committee?
SESSIONS: Did I discuss security
issues --
MCCAIN: I don't recall you as
being particularly vocal on such issues.
SESSIONS: Repeat that, Senator
McCain, I'm sorry.
MCCAIN: The whole Russia-related
security issues that you demonstrated is important to you as a member of the
committee, did you raise those with him?
SESSIONS: You mean such issues as
nuclear issues, or?
MCCAIN: Yeah. In other words,
Russia-related security issues, in your capacity as the chairman of the
Strategic Forces Subcommittee, what Russia-related security issues did you hold
hearings on or otherwise demonstrate a keen interest in?
SESSIONS: We may have discussed
that. I just don't have a real recall of the meeting. I may, I was not making a
report about it to anyone. I just was basically willing to meet and see what he
discussed.
MCCAIN: And his response was?
SESSIONS: I don't recall.
MCCAIN: During that 2016 campaign
season, did you have any contacts with any representative, including any
American lobbyist or agent of any Russian company within or outside your
capacity as a member of congress or a member of the armed services committee?
SESSIONS: I don't believe so.
MCCAIN: Politico recently reported in
the middle of the 2016 election the FBI found that Russian diplomats whose
travel to the state department was supposed to track had gone missing. Some
turned up wandering around the desert or driving around Kansas and reportedly
intelligence services reported after a year of inattention, these movements
indicate, one, that Moscow's espionage ground game has grown stronger and more
brazen and that quietly, the Kremlin has been trying to map the United States
telecommunications infrastructure. What do you know about this development and
how the justice department and other relevant U.S. Government agencies are
responding to it?
SESSIONS: We need to do more,
Senator McCain. I am worried about it. We also see that from other nations with
these kind of technological skills like China and some of the other nations
that are penetrating our business interests, our national security interests.
As a member of the Armed Services Committee, I did support and advocate -- and
I think you supported -- legislation that would -- and it's ongoing now, that
requires the defense department to identify weaknesses in our system and how we
can fix them, but I would say to you, Senator McCain, that in my short tenure
here in the Department of Justice I've been more concerned about computer
hacking and those issues than I was in the Senate. It's an important issue,
you're correct.
MCCAIN: "The Washington Post"
reported yesterday Russia's developed a cyber weapon that disrupt the United
States power grids and telecommunications infrastructure. This weapon is
similar to what Russia or Russia-allied hackers used to disrupt Ukraine's
electrical grid in 2015. Can you discuss a little bit in open session how
serious that is?
SESSIONS: I don't believe I can
discuss the technological issues, just to say that it is very disturbing that
the Russians continue to push hostile actions in their foreign policy, and it
is a -- not good for the United States or the world or Russia in my opinion.
MCCAIN: Do you believe we have a
strategy in order to counter these ever increasing threats to our national
security and our way of life?
SESSIONS: Not sufficiently. We do
not have a sufficient strategy dealing with technological and I.T. penetrations
of our system. I truly believe it's more important than I ever did before, and
I appreciate your concern and leadership on that issue, and in fact, all of
Congress is going to have to do better.
BURR: Senator's time has expired. The
chair would recognize the vice-chair.
WARNER: Thank you, Mr. Chairman,
and General Sessions, thank you. I particularly appreciate your last comments
with Senator McCain about the seriousness of this threat and it's why so many
of us on this committee are concerned when the whole question of Russian intervention.
The
president continues to refer to it as a witch-hunt and fake news, and there
doesn't seem to be a recognition of the seriousness of this threat. I share, I
think most members do, the consensus that the Russians massively interfered and
want to continue to interfere, not to favor one party or another but to favor
their own interests, and it is of enormous concern that we have to hear from
the administration how they are going to take that on. I also believe comments
have been made here about where we head in terms of some of the trump
associates who may have had contacts with Russians.
We've
not gotten to all that you have yet because of the unprecedented firing of the
FBI director that was leading this very same Russia investigation, that superseded
some of our activities, so those members when I hope will equally pursue the
very troubling amount of smoke at least that's out there between individuals
that were affiliated with the Trump campaign and possible ties with Russians.
I've not reached any conclusion. We've got to pursue that. Final comment, and I
understand your point, but you have to -- there were a series of comments made
by Mr. Comey last week. I think members on this side of the aisle have
indicated, you understand executive privilege, understand classified setting. I
do think we need, as Senator Reed indicated and Senator Harris and others, if
there are these long-standing written procedures about this ability to have
some other category to protect the conversations with the president, we'd like
to get a look at them because we need to find out in light of some of the
contradictions between today and last week where this all heads.
At the end of the day, this is not only -- let me restate what I stated last time. It's not about relitigating 2016. It's about finding out what happened, about some serious allegations about potential ties, but on a going forward basis making sure that the Russians who are not finished in terms of their activities didn't end on Election Day 2016. We know that's ongoing and we have to be better prepared going forward. Thank you, Mr. Chairman.
At the end of the day, this is not only -- let me restate what I stated last time. It's not about relitigating 2016. It's about finding out what happened, about some serious allegations about potential ties, but on a going forward basis making sure that the Russians who are not finished in terms of their activities didn't end on Election Day 2016. We know that's ongoing and we have to be better prepared going forward. Thank you, Mr. Chairman.
SESSIONS: Mr. Chairman, one brief
comment, if you don't mind. I do want to say that a change at the head of the
FBI should have no impact on the investigation. Those teams have been work, and
they will continue to work, and they have not been altered in any way.
WARNER: But there were are a number of
very strange comments that Mr. Comey testified last week that you could have I
believe shed some light on but we'll continue. Thank you.
BURR: General sessions, thank
you again for your willingness to be here. I'm not sure that you knew it, but
your replacement sat through most of this hearing, Luther strange. He's made us
regret that we don't have intramural basketball team.
SESSIONS: Big Luther is a good round
ballplayer at tulane.
BURR: You've been asked a wide
range of questions, and -- and I think you've answered things related to claims
about the meeting at the Mayflower. You've answered questions that surround the
reasons of your recusal and the fact that you had never been briefed since day
one on the investigation. You made clear that you can't think of any other
conversations that you've had with Russian officials. You've covered in detail
the conversation that you had, though brief, with director comb de, that he
referenced to after his private meeting with the president. Just to name a few
things that I think you've helped us to clear up.
There
were several questions that you chose not to answer because of confidentiality
with the president. I would only ask you now to go back and work with the white
house to see if there are any areas of questions that they feel comfortable
with you answering and if they do, that you provide those answers in writing to
the committee. I would also be remiss if I didn't remind you that those
documents that you can provide for the committee, they would be helpful to us
for the purposes of sorting timelines out. Anything that substantiates your
testimony today, individuals who might have been at events that you're familiar
with, especially those that work for you, would be extremely helpful, and more
importantly I want to thank you for your agreement to have a continuing
dialogue with us as we might need to ask some additional questions as we go a
little further down the investigation. That certainly does not have to be a
public hearing, but it -- it may be an exchange and a dialogue that we have.
You have helped us tremendously, and we're grateful to you and to Mary for the
unbelievable sacrifice that you made in this institution but also now in this
administration. This hearing is now adjourned.
No comments:
Post a Comment