https://twitter.com/DelWilber/status/1075806100732198914

BREAKING. senior DOJ official: Whitaker has not recused from Mueller probe. After extensive review by senior officials, he did not seek formal ruling from ethics office. BUT a senior doj ethics official said it was a "close call" and he should recuse in an "abundance of caution."

In cases involving an appearance of conflict of interest -- versus a real conflict, like having once represented a defendant -- it is incumbent upon the official to seek an ethics recommendation.

Because this was a "close call," senior appointed DOJ officials recommended to whitaker he not recuse. They noted no AG has ever recused for an "appearance" issue in the past. Whitaker yesterday accepted that recommendation.

DOJ sending letter to Senate explaining Whitaker's decision.

More details: Whitaker assembled a team of advisers to vet ethics issues when tapped by Trump to take job on Nov. 7. Whitaker also met with senior Justice ethics officials. This is about past comments Whitaker made that were critical of Mueller probe before he entered govt

A senior ethics official told Whitaker's team that he would recommend Whitaker recuse himself in an abundance of caution if he was asked his opinion. It was "a close call," ethics lawyer said. Whitaker did not seek recommendation.

Whitaker's team did not want him to be the first AG to recuse himself over an appearance -- versus actual -- conflict of interest. So they recommended he not recuse himself. He took that recommendation.

Here is a story summarizing where we are:
https://t.co/XFMdK4GVvO




https://twitter.com/PaulaReidCBS/status/1075811209855844352

JUST IN: Acting AG Whitaker never briefed on Mueller probe. Deputy AG Rosenstein has continued to oversee investigation. But going forward, Whitaker has decided not to recuse. Rosenstein will still oversee day-to-day Mueller operations, but Whitaker will now receive briefings.

MORE: Whitaker did not specifically ask ethics officials if he should recuse from Russia probe, but he/his team were advised on precedent & determined Whitaker should not be the first AG to recuse on a matter not related to a client or financial interest. DOJ letter to come.

AKEAWAY: DOJ ethics officials determined that *IF* AAG Whitaker asked them if he should recuse from Mueller probe, they would advise him that he should recuse himself "out of an abundance of caution." But he never asked. Decided he did not want to recuse because of "appearance."