May 21, 2018

ABA Legal Fact Check explores prosecutors' conflict of interest

WASHINGTON, May 21, 2018 — The American Bar Association posted today a new ABA Legal Fact Check that explores when a prosecutor should consider stepping aside from a case because of a potential conflict of interest.

Late last month, Attorney General Jeff Sessions was subjected to a sharp rebuke from Sen. Patrick Leahy, the ranking Democrat on the U.S. Senate Appropriations Committee, when he declined to say at a hearing whether his recusal from campaign-related investigations also extends to the federal inquiry into President Donald Trump’s personal lawyer Michael Cohen.

The new fact check explores the federal regulations related to recusal and under what circumstances a prosecutor is required to recuse himself/herself from a matter. Prosecutors are not automatically required to step aside in political matters unless a clear conflict exists under state model rules or federal regulations.

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. The URL for the site is www.abalegalfactcheck.com. Follow us on Twitter @ABAFactCheck.

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