Robert Mueller may have been required to disqualify himself from the Russia investigation, according to Fox News legal analyst Gregg Jarrett.
Discussing Mueller’s hearing next month, Jarrett said a “very important” question will be whether Mueller should have accepted the special counsel job in the first place because of an interview he had in May 2017 before he was appointed to head the Russia inquiry.
“On May 16th, , Mueller interviewing to replace Comey, isn’t it true that you discussed with the president in the Oval Office, with two witnesses there, the reasons why the president fired James Comey?” Jarrett said Wednesday on Fox News. “If the answer is yes, we did discuss it, that means under the regulations, Mueller was required to disqualify himself and say, ‘I can’t take the job’ because he’s a witness in his own case. You can’t be a prosecutor and a chief witness simultaneously. So that’s very important.”
In introducing Jarrett, host Sean Hannity said his guest was told, “They did discuss it, meaning Mueller was a witness in his own case. Required to disqualify himself.”
The question lends itself to President Trump’s longstanding condemnation of the Russia investigation as a “witch hunt” and dubious claims that Mueller had conflicts of interest that could have made him biased.
Jarrett also discussed other “important” questions that he said should be asked of Mueller when he testifies about the now-complete investigation before a joint session of the House Intelligence and Judiciary committees on July 17, including the anti-Trump dossier written by British ex-spy Christopher Steele.
“But at the top of the list, as you saw, the most important thing is how could you investigate Russian collusion and interference in the election without investigating how Hillary Clinton’s campaign in the DNC paid for Russian disinformation and fed it to the media and the FBI to influence the election,” Jarrett said.