It's another day in Washington and Donald Trump has nominated someone for a position who has no business getting that position—and yet, Trump thinks he's just perfect for the job. This time he's putting forward someone to head the criminal division at the Justice Department who's spent the past several months providing legal representation for a Russian bank linked to Russian President Vladimir Putin and was reportedly investigated by the FBI as part of the Russia probe.
In other words, Trump's pick, Brian Benczkowski, is already entirely armed with confidential information about the Russia investigation from the point of view of an entity that defended itself against allegations it had engaged in improper behavior. The New York Times writes:
Alfa Bank was at the center of scrutiny last year over potential ties between the Trump campaign and Russia after computer experts discovered data suggesting a stream of communications between a server linked to the Trump Organization and a server linked to the bank. Reports about the mysterious data transmissions fueled speculation about a back channel.
The F.B.I. investigated the matter, however, and concluded that the servers’ interactions were not surreptitious exchanges between the campaign and Russia, according to current and former law enforcement officials. Experts have argued that the server linked to the Trump Organization appeared to be controlled by a marketing firm, Cendyn, that was sending emails promoting Trump hotel properties.
Benczkowski was scheduled to appear Tuesday before the Senate Judiciary Committee for his confirmation hearing. In advance of his appearance, ranking Democrat Dianne Feinstein registered some strong reservations about his considerable conflicts of interest. She laid them out in great detail—including Benczkowski’s involvement with the Alpha Bank, the Trump Organization, the Trump transition team, and even deliberations over whether to keep James Comey on as FBI director—in a rather damning statement issued Tuesday. Here’s Feinstein:
As I understand it, Mr. Benczkowski participated in President Trump’s transition team from September of last year to January of this year. He led the transition team’s work at the Justice Department, which is now led by his former boss, Attorney General Jeff Sessions.
Mr. Benczkowski told the committee that the retention of former FBI Director James Comey was discussed by those on the transition team, including himself.
In March, within two months of leaving the transition team, Mr. Benczkowski agreed to represent Alfa Bank.
Specifically, his work for Alfa Bank went to the heart of the reported investigations. He worked with a computer forensics firm to determine any ties between servers of Alfa Bank and the Trump Organization, and also whether and how private server information had gotten out of the ban.
Additionally, he reviewed the “Steele dossier,” a private investigator’s file on alleged links between Russia and the Trump campaign. He did this for Alfa Bank to consider suing Buzz Feed for defamation over their online publication of the dossier. Alfa Bank, in fact, did sue Buzz Feed on May 26 of this year.
In April, while Mr. Benczkowski was working for Alfa Bank, Attorney General Sessions’s chief of staff asked him about his interest in leading the Criminal Division.
Mr. Benczkowski’s law firm then notified Alfa Bank of his potential nomination for the Trump administration. But the fact that Mr. Benczkowski continued representing Alfa Bank, until the day of his nomination, which was June 6, raises questions. After he found out about his potential nomination, why did he continue his representation of Alfa Bank?
It is clear to me that Mr. Benczkowski is knowledgeable about issues related to an ongoing investigation. So I asked before this hearing if he would commit himself to recusing—not only from cases involving Alfa Bank as his former client, but also matters within Special Counsel Mueller’s investigation.
He would not commit to recusing himself. I’m concerned with his refusal, especially given the position for which he has been nominated. So I look forward to hearing from the witness on this point. Thank you very much, Mr. Chairman.
In case you missed it, Benczkowski served as staff director of the Senate Judiciary Committee under then-Sen. Jeff Sessions, who Trump is currently pelting with criticism in an apparent effort to force the attorney general to resign. But that seemingly hasn’t given Benczkowski much pause—at least not that we know of.