Role: 84th United States Attorney General (February 2017 – November 2018); U.S. Senator from Alabama (1997–2017) Severity: P2

Bio and Background

Jefferson Beauregard Sessions III (born December 24, 1946) is from Selma, Alabama. He earned a B.A. from Huntingdon College (1969) and a J.D. from the University of Alabama School of Law (1973). He served as a captain in the U.S. Army Reserve and practiced law privately before entering government.

Sessions served as U.S. Attorney for the Southern District of Alabama from 1981 to 1993. In 1986, President Reagan nominated him for a federal judgeship on the U.S. District Court for the Southern District of Alabama. The Senate Judiciary Committee rejected his nomination 10–8 after testimony that Sessions had called the NAACP and ACLU “un-American” and “communist-inspired,” reportedly referred to a Black assistant U.S. attorney as “boy,” and joked that he thought the Ku Klux Klan was “OK” until he learned its members smoked marijuana. Two Republicans joined all eight Democrats to vote against him — only the second time in nearly half a century the committee had rejected a lower-court nominee.

Sessions was elected Alabama Attorney General in 1994 and won election to the U.S. Senate in 1996. He served four terms and was considered one of the most conservative members of the Senate, opposing comprehensive immigration reform, the 2008 bank bailout, the Affordable Care Act, and criminal justice reform.

Source: NPR, “Who Is The Real Jeff Sessions? Two Hearings Within A Month In 1986 Show Conflicting Picture,” January 9, 2017. https://www.npr.org/2017/01/09/509016284/who-is-the-real-jeff-sessions-two-hearings-within-a-month-in-1986-show-two-sides

Source: GBH News, “Racially Charged Remarks Derailed Trump’s Attorney General Nominee 30 Years Ago,” November 18, 2016. https://www.wgbh.org/news/2016-11-18/racially-charged-remarks-derailed-trumps-attorney-general-nominee-30-years-ago

Documented Actions

First Senator to Endorse Trump (2016)

On February 28, 2016, Sessions became the first sitting U.S. senator to endorse Donald Trump’s presidential campaign. He announced his endorsement at a rally in Madison, Alabama, wearing a “Make America Great Again” hat and declaring, “I told Donald Trump, this isn’t a campaign, this is a movement.” Sessions subsequently chaired Trump’s national security advisory committee during the campaign.

Source: NBC News, “Alabama’s Jeff Sessions Becomes First Senator to Endorse Trump,” February 28, 2016. https://www.nbcnews.com/politics/2016-election/alabama-s-jeff-sessions-becomes-first-senator-endorse-trump-n527661

Misleading Senate Testimony and Recusal from Russia Investigation

During his January 10, 2017 confirmation hearing, Sessions stated under oath that he “did not have communications with the Russians” during the campaign. On March 1, 2017, the Washington Post reported that Sessions had met with Russian Ambassador Sergey Kislyak at least twice during the campaign — once in his Senate office in September 2016 and once at the Republican National Convention in July 2016. Sessions had not disclosed these contacts.

On March 2, 2017, Sessions recused himself from “any existing or future investigations” related to the 2016 presidential election. The Brennan Center for Justice noted that recusal was mandatory under DOJ regulations due to his “close identification” with the Trump campaign.

Sessions’ recusal transferred oversight of the Russia investigation to Deputy Attorney General Rod Rosenstein, who on May 17, 2017 appointed Robert Mueller as Special Counsel.

Source: Brennan Center for Justice, “What Trump Doesn’t Get: Sessions Recusal from Russia Probe was Mandatory.” https://www.brennancenter.org/our-work/analysis-opinion/what-trump-doesnt-get-sessions-recusal-russia-probe-was-mandatory

Source: PolitiFact, “The Russia investigation and Donald Trump: a timeline.” https://www.politifact.com/article/2018/jul/16/russia-investigation-donald-trump-timeline-updated/

Zero Tolerance Policy and Family Separation

On April 6, 2018, Sessions issued a memorandum directing all U.S. Attorneys on the Southwest border to criminally prosecute every person referred by DHS for illegal entry, including misdemeanors. On May 4, 2018, at Sessions’ urging, DHS changed its longstanding practice and began referring adults who entered with children for criminal prosecution — resulting in children being separated from their parents.

On May 7, 2018, Sessions stated publicly: “If you cross this border unlawfully, then we will prosecute you. It’s that simple. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law.”

The DOJ Inspector General found that Sessions and a small number of other DOJ officials “understood that DHS referrals of ‘family unit adults’ to DOJ for prosecution would result in family separations.” The IG also found that DOJ had not effectively coordinated with the U.S. Marshals Service, DHS, HHS, or federal courts, and had “significantly underestimated” the complexities of the process.

By the time President Trump signed an executive order largely curtailing the practice on June 20, 2018, over 3,000 children had been separated from their parents. A federal judge subsequently ordered the government to reunify all separated families.

Source: DOJ Office of Inspector General, “Review of the Department of Justice’s Planning and Implementation of Its Zero Tolerance Policy,” January 2021. https://oig.justice.gov/sites/default/files/reports/21-028_0.pdf

Source: DOJ IG testimony before House Committee on Oversight and Reform, “Accountability and Lessons Learned from the Trump Administration’s Child Separation Policy.” https://oig.justice.gov/news/testimony/statement-michael-e-horowitz-inspector-general-us-department-justice-us-house

Trump’s Public Humiliation Campaign

Trump regarded Sessions’ recusal as what former Chief of Staff Reince Priebus called the “original sin” of his presidency. The documented pattern of public attacks includes:

• March 2017: Trump berated Sessions at Mar-a-Lago, demanded he reverse his recusal. Sessions refused.
• May 2017: After Mueller’s appointment, Trump accused Sessions of “disloyalty” in the Oval Office. Sessions offered to resign; Trump initially rejected it.
• July 2017: Trump told the New York Times that Sessions’ recusal was “very unfair to the president” and that he would not have appointed him had he known Sessions would recuse.
• August 2018: Trump tweeted that “Attorney General Jeff Sessions should stop this Rigged Witch Hunt right now.”
• Throughout 2017–2018, Trump publicly derided Sessions via tweets, interviews, and rally remarks.

Source: Time, “Sessions and Trump’s Rocky Relationship Before the Attorney General Firing.” https://time.com/5203216/trump-sessions-timeline/

Forced Resignation (November 2018)

On November 7, 2018 — the day after the midterm elections — Sessions submitted his resignation at Trump’s request. His letter stated he was resigning “at your request.” Trump immediately installed Matthew Whitaker, Sessions’ chief of staff, as Acting Attorney General. Whitaker subsequently refused to recuse himself from overseeing the Mueller investigation despite ethics officials’ advice.

2020 Senate Comeback Attempt

Sessions ran in 2020 to reclaim his former Alabama Senate seat. Throughout the campaign, he professed loyalty to Trump and his agenda. Trump refused reconciliation and endorsed former Auburn football coach Tommy Tuberville in March 2020, repeatedly attacking Sessions on social media: “Jeff, you had your chance & you blew it. Recused yourself ON DAY ONE (you never told me of a problem), and ran for the hills. You had no courage, & ruined many lives.”

Sessions lost the July 14, 2020 Republican primary runoff to Tuberville, 39.3% to 60.7%. A Washington Post headline summarized the outcome: “Sessions loses runoff in Alabama as Trump helps end career of key supporter he came to despise.”

Source: NBC News, “Jeff Sessions loses Republican Senate primary bid to Tommy Tuberville,” July 14, 2020. https://www.nbcnews.com/politics/elections/jeff-sessions-tries-overcome-trump-opposition-alabama-senate-runoff-n1233779

Truth and Reconciliation Considerations

Sessions’ trajectory illustrates several accountability patterns:

1. Architect of family separation: The DOJ Inspector General documented that Sessions was “a driving force” behind the policy change that separated over 3,000 children from their parents, with deficient planning and inadequate coordination that compounded the harm.

1. Loyalty as qualification, independence as betrayal: Sessions’ career arc is the defining case study in Trump’s demand for personal loyalty over legal obligation. He was rewarded for early endorsement with the nation’s top law enforcement position, then publicly destroyed for fulfilling his legal duty to recuse.

1. Misleading testimony under oath: Sessions’ failure to disclose his contacts with the Russian ambassador during his confirmation hearing — contacts he later characterized as part of his duties as a senator — constituted at minimum a serious omission before Congress.

1. Warning to future officials: Trump’s sustained public humiliation of Sessions served as a visible deterrent to any official who might prioritize legal ethics over presidential loyalty, contributing to a culture of institutional subservience.

Key Connections

• Donald Trump — Nominated Sessions as AG; publicly attacked him for recusal; forced his resignation; endorsed his opponent in 2020.
• Matthew Whitaker — Sessions’ chief of staff, installed as Acting AG after Sessions’ firing. See Matthew Whitaker — U.S. Ambassador to NATO.
• Robert Mueller — Appointed as Special Counsel after Sessions’ recusal created the path for Rosenstein’s decision. See Robert Mueller — Political Accountability Profile.
• Stephen Miller — Former Sessions Senate aide who became Trump’s senior policy adviser and co-architect of the administration’s immigration agenda. See Stephen Miller – Deputy Chief of Staff for Policy.
• Rod Rosenstein — Deputy AG who appointed Mueller after Sessions’ recusal.
• Tommy Tuberville — Defeated Sessions in 2020 Alabama Senate primary with Trump’s endorsement. See Tommy Tuberville — U.S. Senator (Alabama).

For Trump Supporters: Questions Worth Considering

• Sessions followed DOJ ethics rules that required his recusal. If an Attorney General should ignore those rules to protect the president, what check exists against future abuse of the Justice Department by any president of either party?
• Sessions implemented Trump’s immigration agenda more aggressively than any AG in modern history. Does the fact that Trump still destroyed his career suggest that policy loyalty is less important to Trump than personal protection?
• Over 3,000 children were separated from their parents under a policy the DOJ Inspector General found was inadequately planned. Is that an acceptable cost for deterring illegal border crossing?
• If the lesson of Sessions’ career is that officials who follow the law get punished while those who bend it get rewarded, what kind of officials will future presidents attract?

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Sources

1. NPR, “Who Is The Real Jeff Sessions? Two Hearings Within A Month In 1986 Show Conflicting Picture,” January 9, 2017. https://www.npr.org/2017/01/09/509016284/who-is-the-real-jeff-sessions-two-hearings-within-a-month-in-1986-show-two-sides
2. GBH News, “Racially Charged Remarks Derailed Trump’s Attorney General Nominee 30 Years Ago,” November 18, 2016. https://www.wgbh.org/news/2016-11-18/racially-charged-remarks-derailed-trumps-attorney-general-nominee-30-years-ago
3. NBC News, “Alabama’s Jeff Sessions Becomes First Senator to Endorse Trump,” February 28, 2016. https://www.nbcnews.com/politics/2016-election/alabama-s-jeff-sessions-becomes-first-senator-endorse-trump-n527661
4. Brennan Center for Justice, “What Trump Doesn’t Get: Sessions Recusal from Russia Probe was Mandatory.” https://www.brennancenter.org/our-work/analysis-opinion/what-trump-doesnt-get-sessions-recusal-russia-probe-was-mandatory
5. PolitiFact, “The Russia investigation and Donald Trump: a timeline.” https://www.politifact.com/article/2018/jul/16/russia-investigation-donald-trump-timeline-updated/
6. DOJ Office of Inspector General, “Review of the Department of Justice’s Planning and Implementation of Its Zero Tolerance Policy,” January 2021. https://oig.justice.gov/sites/default/files/reports/21-028_0.pdf
7. DOJ IG Testimony, “Accountability and Lessons Learned from the Trump Administration’s Child Separation Policy.” https://oig.justice.gov/news/testimony/statement-michael-e-horowitz-inspector-general-us-department-justice-us-house
8. Time, “Sessions and Trump’s Rocky Relationship Before the Attorney General Firing.” https://time.com/5203216/trump-sessions-timeline/
9. NBC News, “Jeff Sessions loses Republican Senate primary bid to Tommy Tuberville,” July 14, 2020. https://www.nbcnews.com/politics/elections/jeff-sessions-tries-overcome-trump-opposition-alabama-senate-runoff-n1233779
10. ABC News, “Timeline leading up to Jeff Sessions’ recusal and the fallout.” https://abcnews.com/Politics/timeline-leading-jeff-sessions-recusal-fallout/story?id=45855918

Cross-References

• Matthew Whitaker — U.S. Ambassador to NATO — Whitaker replaced Sessions as Acting AG
• Robert Mueller — Political Accountability Profile — Mueller appointed after Sessions’ recusal
• Stephen Miller – Deputy Chief of Staff for Policy — Former Sessions aide, co-architect of immigration enforcement
• Tommy Tuberville — U.S. Senator (Alabama) — Defeated Sessions in 2020 primary with Trump’s backing