Washington — Acting Attorney General Matthew Whitaker should be investigated for violating the Standards of Ethical Conduct for Employees of the Executive Branch by ignoring a determination by career ethics officials that he should recuse himself from overseeing Special Counsel Robert Mueller’s investigation, according to a complaint filed today by Citizens for Responsibility and Ethics in Washington (CREW) with the Department of Justice (DOJ) Office of Inspector General. Under the Standards of Conduct, if an agency ethics official independently determines that an employee’s participation in a matter like the Mueller investigation would raise questions about his impartiality and should not participate in it, the employee is compelled to recuse.
According to a letter sent to Senate leadership from Assistant Attorney General Stephen Boyd, DOJ’s ethics officials determined “that a reasonable person with knowledge of the relevant facts likely would question the impartiality of the Acting Attorney General” and concluded that Whitaker “should recuse himself from supervision of the Special Counsel investigation.” That determination triggered a mandatory requirement that Whitaker recuse. Boyd’s letter also incorrectly asserted that the “ultimate decision” about recusal rests with Whitaker. Whitaker went on to ignore the determination by career ethics officials and, based on his own evaluation, decided to not recuse from the Special Counsel investigation.
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