Acting AG Whitaker to testify before Congress in a hearing likely centered on Russia probe

WASHINGTON – The new Democratic-controlled House isn't wasting any time.

Acting Attorney General Matthew Whitaker is scheduled to testify before Congress next month — one day after a high profile hearing with the president's former lawyer, Michael Cohen.

Rep. Jerrold Nadler, the New York Democrat who heads the House Judiciary Committee, announced on Tuesday that Whitaker would be testifying before the committee on Feb. 8, the first congressional oversight hearing of the new Congress. The testimony sets up a potential blockbuster hearing that is likely to revolve around Whitaker's role in overseeing special counsel Robert Mueller's Russia investigation and the ousting of former Attorney General Jeff Sessions.

Whitaker's tenure leading the Justice Department has led to serious questions due to past comments he'd made about the Russia investigation, which he now oversees. Whitaker suggested that the probe, which was ceded to Mueller in May 2017 after Sessions recused himself, should end and that the department could starve it of funding.

Ethics officials at the Justice Department recommended that Whitaker recuse himself from overseeing Mueller's investigation, a precaution due to his previous remarks, but Whitaker decided not to disqualify himself and has continued to oversee the probe.

Some Democrats and Republicans have also questioned the legality of his appointment, arguing that even an interim replacement for Sessions requires Senate confirmation, a level of scrutiny that Whitaker did not go through.

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Nadler in a letter to Whitaker as they were negotiating a date and time for him to appear before the committee mentioned several of the topics that lawmakers would likely ask about, which included, voting rights, gun violence, the Justice Department's legal fight against Obamacare, statements by President Donald Trump about the threat at the southern border and the Mueller investigation.

"The public is entitled to know why you chose to disregard the advice of career ethics officials at the Departement with respect to your oversight of the special counsel," Nadler wrote in a reference to Whitaker continuing overseeing Mueller's investigation.

Nadler in a letter to Whitaker on Tuesday cautioned the acting attorney general on invoking executive privilege, saying "if you plan to invoke executive privilege in an attempt to avoid answering any particular question, I ask that you consult with the White House well in advance of the hearing."

The announcement of Whitaker's testimony came amid during the first day William Barr, the president's attorney general pick, was testifying before the Senate Judiciary Committee as part of his confirmation hearing. Nadler did not say whether Whitaker would still appear before lawmakers if Barr is confirmed.

One day before Whitaker's appearance before Congress, another blockbuster hearing will garner national headlines.

Cohen, the longtime attorney for President Donald Trump, is set to testify on Feb. 7 before lawmakers. The hearing will set up a public spectacle about his now-fraught relationship with the president and is likely to air potentially embarrassing details about the president's personal and professional life.

This article originally appeared on USA TODAY: Acting AG Whitaker to testify before Congress in a hearing likely centered on Russia probe