Joe diGenova said Attorney General Jeff Sessions betrayed President Trump and he did not have to recuse himself because this is a "counterintelligence investigation." From Wednesday night's Hannity on FNC:
HANNITY: I cannot at this point defend any longer his inaction, in some ways, and that decision to recuse himself the day after he's confirmed. Looked at now what it has done to the country. Your reaction?
JOE DIGENOVA: Well, it was an unforced betrayal of the president of the United States who had appointed him. And here's the problem. The case that was being turned over to Bob Mueller at that time was a counterintelligence investigation. It was not a criminal investigation. Therefore Jeff Sessions did not have to recuse himself. He could have supervised that investigation, stayed in touch with it, been aware of it. And even if criminal matters came up, he would not necessarily have had to recuse himself.
In fact, we now know that it remains basically a counterintelligence investigation. And the only thing that Mueller wants to do is interview the president of the United States for no good reason in order to get evidence so he can refer it to the House of Representatives. There's never going to be an interview. The president should never agree to an interview. And it's very, very sad that Jeff Sessions created this problem by really getting out of something that he never should have gotten out of at that point.