Key Senate Republican downplays concerns over Matt Whitaker as acting attorney general

Asked about the Democratic calls for Whitaker's recusal from overseeing the special counsel probe, Grassley said he expects Whitaker to get clearance from ethics officials at the Justice Department.

"I heard over TV or radio that Whitaker is going to ask the ethics people whether he should be recused. I think that answers it," the Iowa Republican said. "Doesn't matter what the Democrats think. If he is going through that process that's going to answer that question."

Asked if Whitaker, who met recently with Grassley, provided assurances he would not interfere in the Mueller investigation, Grassley said President Donald Trump has made that assurance and that's what matters.

"It seems to me that the President is the chief executive and the President said that he wasn't going to do that," Grassley said. "Doesn't matter what Whitaker thinks. The President said it isn't going to be done."

Grassley's backing comes as Democrats have demanded that Whitaker recuse himself in the Mueller probe over his past comments criticizing the investigation — and newly empowered House Democrats have signaled they will investigate Jeff Sessions' firing and Whitaker's appointment when they take power in January.

Democrats and others have also argued that Whitaker's appointment may not be lawful because he was never confirmed by the Senate. Maryland's Attorney General Brian Frosh filed a court challenge Tuesday to replace Whitaker with Deputy Attorney General Rod Rosenstein as acting attorney general.

"No matter what the Trump Justice Department says, there is no acceptable justification for this appointment," said Sen. Ron Wyden, an Oregon Democrat. "Even conservative justices on the Supreme Court have essentially made that argument."

On Tuesday, Sen. Dianne Feinstein of California, the top Democrat on the Senate Judiciary Committee, sent Grassley two letters calling for hearings with Whitaker and Sessions. "The circumstances surrounding Attorney General Sessions' departure raise serious questions, including whether the appointment is lawful and the possible impact on Special Counsel Mueller's investigation," Feinstein wrote.

Sen. Patrick Leahy of Vermont, a top Democrat on the Judiciary panel, said he hopes "Whitaker's time as acting AG is extraordinarily brief," calling on the president to pick a well-qualified candidate sooner rather than later.

But Grassley said he is not concerned about past remarks from Whitaker that were critical of the Mueller investigation.

"As long as he made them as a private citizen, no," Grassley said.

Leahy continued to press for stand-alone legislation protecting Mueller, saying many Republicans privately agree that Whitaker might try to shape the Russia investigation.

The special counsel legislation passed the Senate Judiciary Committee in the spring, but Senate Majority Leader Mitch McConnell has made clear he doesn't intend to bring it to the floor for a vote, a position the Kentucky Republican reiterated last week in the wake of Sessions' firing.

Sen. Jeff Flake, the retiring Arizona Republican senator, tweeted that he would seek unanimous consent to vote on the bill on the Senate floor this week. But that effort is likely to be objected to, stopping it from going anywhere.

Grassley, who helped broker a compromise on the legislation in the committee, said he supports the Mueller bill, but deferred to McConnell about moving it to the full Senate.

"The answer is, if it comes for a vote, I will vote for that bill. Whether it comes to a vote is up to the leader and I'm going to respect the leader's right to bring it up," he said.

Finally, Grassley said he will have an answer "in a few days" on whether he will remain chairman of the Judiciary Committee or move over to be chair of the Finance Committee, something that would be available to him with Republican Sen. Orrin Hatch of Utah retiring.

He said he needs to consult his GOP colleagues before deciding.