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Obama Appointee to Decide Whether to Appoint a Special Prosecutor to Investigate Trump

Dana Boente / Getty Images
March 3, 2017

Following Attorney General Jeff Sessions' recusal from any campaign investigation on Thursday, former President Barack Obama appointee Dana Boente is now tasked with deciding whether to appoint a special prosecutor to investigate President Donald Trump.

Boente, the acting deputy attorney general, was appointed as U.S. Attorney for the Eastern District of Virgina, according to Yahoo.

When an attorney general recuses himself, the deputy attorney general takes the reigns of an investigation. Because Sessions is the only Trump nominee confirmed for a Justice Department position, the investigation will fall under Boente's care. Boente has been designated full power of the attorney general over the investigation, which includes the ability to appoint a special prosecutor.

Boente's role as acting deputy attorney general will end when Trump's choice to fill the position, U.S. Attorney Rod Rosenstein, is confirmed by the Senate. The confirmation process will begin next week when the Senate Judiciary Committee will hold a hearing.

Yahoo explains that this situation has occurred before in 2003.

At the time, an investigation was ongoing to determine whether White House officials leaked the identity of Valerie Plame, a CIA operative. Attorney General John Ashcroft recused himself, and his Deputy Attorney General James Comey decided to appoint a special prosecutor.

Although he is an Obama appointee, President Trump appointed Boente to serve as acting Attorney General until Sessions was confirmed by the Senate. The New York Times reports that he is well-liked by members of both parties and is a loyal career employee of the Justice Department.