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We Need To Talk About Jeff

Jeff Sessions had a weird week. Here's what went down:

1. Dissing judges: Sessions started it off by taking a jab at the judges on the U.S. Court of Appeals for the Second Circuit. Tuesday, he told an audience of state attorneys general that the judges must have ruled in favor of discrimination protections for LGBTQ employees Monday because they “read the New York Times” that morning.

You can read the details about it here, but I also tweeted his comments, and got some strong reactions as to what this says about the AG:

Joyce White Vance, a former U.S. attorney for the Northern District of Alabama:

DOJ alum Eric Columbus: ”Jeff Sessions just accused a court of flip-flopping after reading the newspaper—and in the very same speech, announced a flip-flop of his own, on bump stocks, which *just happens* to echo Trump's new view.” (Yes, Sessions also talked about bump stocks in the speech, details on that here.)

And from JP Schnapper-Casteras, a former NAACP LDF senior counsel who just started his own firm:

Remember, this isn't the first time Sessions has criticized judges who ruled against the administration.

2. Getting dissed himself: Speaking of criticism… the next day, President Donald Trump, who has disparaged his attorney general on Twitter before,took a swipe at Sessions for saying the Justice Department's Inspector General, Michael Horowitz, will investigate potential abuses of the FISA system by DOJ lawyers.

Trump tweeted that Sessions' decision to have the OIG investigate was “DISGRACEFUL,” because Horowitz is an “Obama guy” and the DOJ OIG has “no prosecutorial power.” Instead, Trump said, DOJ lawyers should look into it (worth remembering that the IG is a DOJ lawyer).

The tweet instantly made headlines, for all kinds of reasons. One anonymous “conservative lawyer” told Buzzfeed's Chris Geidner that the president's comments were “idiotic on multiple levels.”

As Cynthia Schnaeder, the former acting inspector general at DOJ, told me inspecting potential wrongdoing by DOJ lawyers is “a classic Office of the Inspector General responsibility.” And, while Horowitz can't prosecute anyone himself, he can refer people for potential prosecution. As for him being an “Obama” guy, the OIG is a presidentially-appointed, Senate-confirmed position. If Trump wants to, he can fire Horowitz.

3. Clapping back: A few hours later, the AG had something to say.Sessions himself—not a DOJ spokesperson—issued a statement saying “as long as [he is] the Attorney General,” DOJ “will continue to do its work in a fair and impartial manner according to the law and Constitution.”

Bob Bauer, former White House counsel to President Barack Obama, pointed outon the Lawfare blog that this was a prepared statement. Sessions thought about it, and he didn't have to issue it. He's never responded so directly to Trump's jabs.

Bauer wrote: “Maybe buried deep in our history is an episode like this, when an attorney general took public note of his president's disregard of the ethical, legal and constitutional constraints on criminal law enforcement. None come to mind.”

Even the Wall Street Journal editorial board took a stance against Trump on this one: “Instead of whining about Mr. Sessions, Mr. Trump could order him to appoint someone at Justice with the sole responsibility of making public the documents that would give the American people the answers they deserve.”

4. #MuellerTime: Enter Robert Mueller, the special counsel. Mueller is investigating the period of time last July when Trump seemed eager to fire Sessions, the Washington Post reported Wednesday night. Lawyers for the special counsel have been asking witnesses “in detail” about whether Trump's goal was to oust Sessions, who is recused from Mueller's investigation, so that the president could appoint a new, non-recused AG to oversee it. The New York Times reported earlier this year that Trump tried to stopthe AG from recusing. Adding fuel to the fire, the same article also said Trump refers to Sessions as “Mr. Magoo” in private. Ouch.

5. Getting by with a little help from his friends? Wednesday night, Sessions was spotted dining with the other top lawyers at DOJ, Deputy Attorney General Rod Rosensteinand Solicitor General Noel Francisco. A source “close to Sessions” toldAxios the meeting was pre-planned, and had nothing to do with the president's comments.

What Will Next Week Bring?

On Wednesday, the Senate Judiciary Committee will hold a hearing on the nomination of Joseph 'Jody' Hunt to run the Civil Division. And let me just say, I am pumped about this one.

● As the DOJ component that defends federal agencies and administration policies, Civil Division handles some of the most controversial cases (think travel ban, DACA, etc.). Hunt is a career Civil Division attorney, but had served as Sessions' chief of staff until his nomination in September.

● Also, as Sessions said in testimony before Congress last year, Hunt was in the room with him during a meeting when former FBI Director James Comey expressed concern about his interactions with Trump. Comey and Sessions differed on what happened in that meeting, and Hunt is likely the only personwho can clear it up.

● The hearing Wednesday will also include judicial nominees, like Cincinnati-based Taft Stettinius & Hollister partner John B. Nalbandian for the Sixth Circuit.

Now, let's turn to the Gavel Tracker for your weekly update on the Trump administration's progress when it comes to judical nominations:

Weekend Reads

–> The travel ban is finally headed to SCOTUS. Marcia Coyle and I report on the long road there in this month's NLJ magazine. Read it here.

–> After an ethics kerfuffle at the NLRB, Trump's latest nominee for the labor board promised the Senate this week he would avoid conflicts, Erin Mulvaney reports. Also, Erin has the latest on how the incident shakes up the joint-employer case in the D.C. Circuit here.

–> Skadden's Michael Scudder, a judicial nominee for the Seventh Circuit, got a call from the White House a day after the seat on the court opened up. Michael Scarcella has the details here.

–> Former Trump campaign Chairman Paul Manafort will face a September trial (in D.C., at least). More from moi here.

–> U.S. District Judge Gonzalo Curiel, who Trump once accused of bias against him, ruled in favor of allowing the president's border wall plans to move forward this week. More here.