“whether Sessions is a “white hat” or a “black hat.” I suggest he is a “no hat.””
That is the standard that Sessions has cultivated throughout his career as a prosecutor, prior to his political career, and since becoming AG - an objective professional who goes by the book, and let’s the chips fall where they may. Blind justice.
If Sessions just worked strictly by the book, he would have done, what it appears he did do - have the IG investigate, refer any indications of criminality to a criminal prosecutor, and not reveal it publicly (unless required by his legitimate Congressional oversight).
Actually, if Sessions recused himself then he cannot involve himself in referring indications of criminality to a criminal prosecutor. That would amount to un-recusing himself.
This is all Rosenstein’s matter to handle entirely.
I think the recusal is why Sessions treaded so lightly with Huber. He merely asked Huber to evaluate certain concerns raised by Grassley’s committee. He didn’t authorize a criminal investigation.
If Sessions were to appoint a special counsel to commence, or direct another US Attorney like Huber to commence, a criminal investigation into the Mueller team which is criminally investigating Trump (and Sessions) he opens himself to attack that he is violating his recusal or trying to obstruct an investigation into Trump and himself.
Now perhaps Huber might elect to open a criminal investigation on his own. With no direction from Sessions. But Rosenstein could shut that down pretty quickly if he wanted to.