Sessions under fire from all sides

Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsDeVos grilled on civil rights for students House conservatives introduce resolution calling for second special counsel The Hill's Morning Report — Sponsored by PhRMA — How long can a Trump-DOJ accord survive? MORE's job security is in question after taking withering fire from fellow Republicans this week, including from two prominent House conservatives who called on him to resign.

Two leaders of the House Freedom Caucus, Reps. Mark MeadowsMark Randall MeadowsHouse conservatives introduce resolution calling for second special counsel Freedom Caucus bruised but unbowed in GOP primary fights Trump meets with Rosenstein, FBI director MORE (R-N.C.) and Jim JordanJames (Jim) Daniel JordanConservatives leery of FBI deal on informant House conservatives introduce resolution calling for second special counsel Freedom Caucus bruised but unbowed in GOP primary fights MORE (R-Ohio), called on Sessions to step aside in an op-ed Friday, charging he has lost control of the Department of Justice and the FBI.

Sessions has also come under criticism from Republicans and Democrats alike for his decision to rescind the Obama-era Cole memo, which gave states the space to legalize marijuana without fear of federal interference. 

By withdrawing the memo, Sessions gave federal prosecutors more leeway to pursue cases against the legal marijuana industry, which is expanding rapidly in several states.

Sen. Cory GardnerCory Scott GardnerSenate GOP urges Trump administration to work closely with Congress on NAFTA Trump makes Manchin top target for midterms Wyden: I object to Trump’s DHS cyber nomination over demands for Stingray information MORE (R), whose home state of Colorado is host to a booming legal cannabis industry, ripped Sessions on the Senate floor Thursday and accused him of breaking a personal pledge not to change the Obama-era policy.

“When you have Republicans calling for you to step down and you’re in a Republican administration just entering your second year, that’s trouble. He’s really on borrowed time,” said Brian Darling, a Republican strategist and former Senate aide. 

“This is an attorney general who has been ridiculed by his own boss on Twitter,” he said, referring to President TrumpDonald John TrumpCNN's Zucker: Trump 'secretly watching CNN' all day and night GOP candidate behind 'Deportation Bus' loses in gubernatorial bid Penn to Hewitt: Mueller probe born out of ‘hysteria’ MORE. “At one point he didn’t have the confidence of his own boss and he’s losing the confidence of the Freedom Caucus and conservatives in the House and Senate.”

Trump reiterated his frustration with Sessions in a recent interview, again criticizing his decision to recuse himself from the Justice Department’s investigation into Russian interference in the 2016 presidential election.

“I thought it was certainly unnecessary, I thought it was a terrible thing,” Trump told The New York Times.

A new report this week revealed the lengths to which Trump went to keep Sessions from turning over the Russia probe to Deputy Attorney General Rod RosensteinRod Jay RosensteinPenn to Hewitt: Mueller probe born out of ‘hysteria’ Conservatives leery of FBI deal on informant GOP senator: Trump has no right to influence an investigation MORE.

The president took the unusual step of sending White House counsel Don McGahn to lobby Sessions against recusal, according to the Times. Sessions told McGahn his mind was made up, saying he had been advised to do so by other officials in the Justice Department.

The recusal has become a sore spot in the relationship between Trump and Sessions. The president reportedly blames his attorney general for the appointment of Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE as special counsel, a move that was made by Rosenstein. 

“There’s a feeling on the right that Rod Rosenstein is running the Justice Department, not Jeff Sessions. He’s not doing anything. He’s recused himself to the point that he can’t do his job anymore,” Darling said. 

Sessions is still taking heat from the president’s allies over the decision.

Meadows and Jordan argued in an op-ed published in the Washington Examiner on Friday that the FBI investigation into Russian collusion has run amok.

“It would appear he has no control at all of the premier law enforcement agency in the world,” they wrote.

“If Sessions can't address this issue immediately, then we have one final question needing an answer: When is it time for a new attorney general? Sadly, it seems the answer is now,” they concluded.

Rep. Dana RohrabacherDana Tyrone RohrabacherSteyer-backed group launches 0,000 voter outreach campaign in California GOP lawmaker says rocks falling into ocean to blame for rising sea levels Dems step up efforts to avoid California primary shutouts MORE (R-Calif.) in an interview Friday accused Sessions of betraying Trump by giving Mueller unfettered ability to investigate the president. 

“He is a Cabinet-level piñata. He doesn’t seem to enjoy the confidence and trust of the president. He’s done a number of things on immigration and the most recent on marijuana that seem not to be playing well across the country,” said Ross K. Baker, a professor of political science at Rutgers University.

“I’m sure there are days that Attorney General Sessions wishes he were back in the United States Senate,” he added.

A Trump administration official, however, said Friday that there’s little chance that criticism from Meadows, Jordan or other congressional Republicans would pressure Sessions to resign. 

“If the president starts to criticize him again, that’s a different story,” the source said.

Sessions offered his resignation to Trump earlier this year but the president declined to accept it.

The official said Sessions has responded to Trump’s earlier criticism that the Department of Justice hadn’t done enough to investigate his 2016 rival Hillary ClintonHillary Diane Rodham ClintonDem targeted by party establishment loses Texas primary Penn to Hewitt: Mueller probe born out of ‘hysteria’ Trump claims a 'spy' on his campaign tried to help 'Crooked Hillary' win MORE.

The department has reopened an investigation into Clinton’s use of a private email server while secretary of State and launched a new probe into the Clinton Foundation. 

“He has started to rebut the earlier criticism,” the source said of Sessions.

Ironically, Sessions’s biggest allies may be Democrats who don’t want him to step down as attorney general. They fear a new attorney general who is not bound by a recusal could bring the Russian investigation to a swift end.

Even though he opposed his nomination to head the Justice Department last year, Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerSchumer: Trump should take Kim Jong Un off 'trip coin' Overnight Finance: Trump signs repeal of auto-loan policy | Justices uphold contracts that bar employee class-action suits | US, China trade war 'on hold' Free traders applaud Trump as China tariff threat recedes MORE (D-N.Y.) said Thursday that he wants Sessions to keep his job.

“My view now is very simple: nothing, nothing should ever interfere with the Mueller investigation,” he said.

Sen. Richard Blumenthal (D-Conn.), a member of the Judiciary Committee, which would hold hearings and vote on a new attorney general, told CNN, “I don’t think the case has been made for his resigning,” referring to Sessions.

“It would be problematic in a lot of ways,” he said.

Republican strategists say Sessions will probably stay in the job because his resignation or dismissal would cause a major uproar and spark accusations of political interference in the Russia investigation.

“Because of the prominence of the Russia probe it’s very hard to see him leaving the administration even though he has gone against the wishes of the White House in recusing himself,” said Ford O’Connell, a Republican strategist. “How are you going to get a new attorney general through Congress?”

The Senate Republican majority has shrunk to 51 seats, and there are several GOP senators who have been outspokenly critical of Trump, including Sens. John McCainJohn Sidney McCainOvernight Defense: Pompeo lays out new Iran terms | Pentagon hints at more aggressive posture against Iran | House, Senate move on defense bill Senate GOP urges Trump administration to work closely with Congress on NAFTA Sarah Sanders: ‘Democrats are losing their war against women in the Trump administration’ MORE (Ariz.), Jeff FlakeJeffrey (Jeff) Lane FlakeRepublicans think Trump is losing trade war On Trump and DOJ, both liberals and conservatives are missing the point Pressure rising on GOP after Trump–DOJ fight’s latest turn MORE (Ariz.) and Ben SasseBenjamin (Ben) Eric SasseRepublicans think Trump is losing trade war Overnight Finance: House sends Dodd-Frank rollbacks to Trump | What's in the bill | Trump says there is 'no deal' to help ZTE | Panel approves bill to toughen foreign investment reviews Senate GOP urges Trump administration to work closely with Congress on NAFTA MORE (Neb.). That could make the confirmation process for a new attorney general exceedingly difficult.

“The biggest gripe against Sessions is his recusal,” O’Connell said. 

“A lot of the other things that Sessions has done, particularly now that we have an investigation into the Clinton Foundation, I think that overall people are relatively happy with Sessions,” he said. 

Politico reported Friday that Environmental Protection Agency Administrator Scott PruittEdward (Scott) Scott PruittDem senator presses EPA over reporter 'intimidation' Overnight Finance: House sends Dodd-Frank rollbacks to Trump | What's in the bill | Trump says there is 'no deal' to help ZTE | Panel approves bill to toughen foreign investment reviews Overnight Energy: Pruitt spent at least ,600 to decorate office | EPA backtracks and lets reporters into summit after criticism | White House to 'look into' incident MORE — a former attorney general of Oklahoma — has expressed interest in replacing Sessions if he resigns.

Some GOP officials believe Trump could move Pruitt or another Senate-confirmed senior administration official into the attorney’s job temporarily, but Trump would spark a firestorm if he skipped the Department of Justice’s line of succession, which would call for Rosenstein to replace Sessions. 

One Senate Republican parliamentary expert said the president could not unilaterally appoint someone to fill the attorney general’s job permanently and with full power without Senate confirmation.