Thursday, July 27, 2017

Sessions vs Trump, a Management Issue

Department of Justice regulation, 28 CFR 45.2
C. DOJ-Specific Conflict of Interest Regulation:   No DOJ employee may participate in a criminal investigation or prosecution if he has a personal or political relationship with any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution, or who would be directly affected by the outcome.  28 CFR 45.2
Political relationship means a close identification with an elected official, candidate, political party or campaign organization arising from service as a principal advisor or official; personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality.
 D. Impartiality in Performing Official Duties
1. An employee may not participate in a particular matter involving specific parties affecting the financial interests of a member of his household, or when a person with whom he has a covered relationship is, or represents a party.
2. A covered relationship includes one involving:
a. Someone with whom he has or seeks a business relationship;
b. A member of the employee's household;
c. A relative with whom the employee has a close relationship;
d. A present or prospective employer of a spouse, parent or child; and
e. An organization in which the employee serves or has served in the past year as an employee, attorney or active participant.
3. The employee may disqualify himself or he may be authorized in writing to participate in the matter if the interest of the Department outweighs the appearance of a conflict.  The determination should be based on: a) the nature of the relationship; b) the effect of the resolution of the matter on the financial interest; c) the nature and importance of the employee's role; d) the sensitivity of the matter; and e) the difficulty of reassigning it.

Sessions was confirmed early February and recused himself early March. He may have been unaware of the implications of the above.

Given the above regulation, did he have any choice in the matter but to recuse? I suppose so, but there would have been ramifications. Only Trump could excuse him per the above reg.

Sessions was not issued the Pass that all Democrat presidents issue to subordinates (such as Holder and Lynch).

So why is Trump treating Session the way he is?
Better minds than I have not explained it.

In the right book, this would end with an announcement of a large bust of leakers/spies who were indicted because Trump and Sessions had engaged in a charade to make them feel confident in exposing themselves somehow.

In reality, it's probably just petulance, stress, poor management technique.

Good managers have private (usually documented) corrective action meetings with subordinates.
I've done it and had it done to me.

Sometimes it's just an effort to get you to quit so your boss doesn't have to fire you. 

Maybe so you are not fired for your sake, or because he can't bring himself to do it for his sake.

We'll know soon enough. Maybe.


  1. Given the above rule, how was establishing Eric Holder's participation in gun-walking/Fast & Furious ever performed? He was the AG and all the investigators worked for him...

    1. "Sessions was not issued the Pass that all Democrat presidents issue to subordinates (such as Holder and Lynch)."
      That is true in a real sense.
      The reg allows excuse from recuse by the superior, in this case the president.

  2. Maybe Trump felt that with Sessions doing what he wanted him to do, not having recused himself, that with “that nut job, Comey” gone, a lot of the pressure would be off the Russian investigation? Trump might have been able to have bullied Sessions into shutting the investigation down..but he'd be wrong thinking that.
    Also, I'm not suggesting Trump is guilty of anything with Russia, I just know he wishes the whole stinkin' thing was behind all of us.

    1. I agree with both of your statements.
      The situation was like a chess game.
      Had Sessions not recused, the King and his Bishop would have been blocked by the media at every turn, while they ignored the Dem IT scandal, Obama wiretapping, the Clinton/Ukraine collusion, the economy getting better.
      I believe that had Sessions not recused, there would still be media distractions everywhere with the public support needed to get legislation through, missing.

  3. If I had to guess, I would guess Trump is like me, impatient and expecting results, when I know all someone needs to perform their job is there, and not the reason things are not getting done.

    Sessions' experience is in the quagmire of bureaucracy and hesitance to cause problems with high ranking officials. Trump doesn't believe that works, and I have to agree.

    1. True, when you hire someone, you expect output.

    2. When you're a businessman, you can demand results and get them a week later - latest. That sure ain't how the gubmint has been working but it Should if it was government For the People.

    3. Well Sessions was a senator, and they are known for "deliberation" :)
      Sessions has been getting stuff done, but it's not being "Trump"eted. And we need to take heat off of Trump by going after Dem Crims, and it looks like the Senate Judiciary Committee is going after Clintons.

  4. Don't disagree with anything you've said; Sessions recusing himself was the right thing to do.

    1. Wheww! Dodged that bullet!

      I don't think things would be effectively different if he hadn't.

  5. Politician vs. business man... Two DIFFERENT perspectives. I'm betting Sessions knew exactly what that rule said!

  6. I'm willing to give Sessions room and time. But eventually he has to go after the known criminals of the obama administration. Nothing less is acceptable regardless what he does elsewhere.

    1. Eventually. First he's doing sanctuary cities, MS-13, protecting police officers, cracking down on unauthorized immigrants.

    2. Ed, Saw the house demanding clinton, et al investigations. Hope it amounts to something of course. There is a lot to chew on which is the main reason I'm willing to invest some more time into Sessions.