Speculation over the future of U.S. deputy attorney general Rod Rosenstein ramped up sharply this morning, amid media reports he would quit or be fired during a visit to the White House.
Rosenstein is the official who started the special counsel investigation into Russian contacts with Donald Trump’s team after Attorney General Jeff Sessions had recused himself from the matter.
The New York Times reported last week that in 2017, Rosenstein had also proposed secretly recording Trump and raised the idea of using the 25th Amendment to remove the president as unfit for office. In an interview with Geraldo Rivera that aired Monday, Trump laid blame for the controversy at the feet of his attorney general.
“He was hired by Jeff Sessions,” Trump said in the interview, which was aired on Fox & Friends.
Trump was noncommittal about the possibility of firing Rosenstein.
“But certainly it’s being looked at in terms of what took place, if anything took place, and I’ll make a determination sometime later,” said Trump.
President Donald Trump speaks at the United Nations on Monday in New York with U.S. Ambassador Nikki Haley. Trump was noncommittal about Rosenstein’s future in an interview that aired on Monday. (Carlos Barria/Reuters)
Rosenstein would not be meeting in person on Monday with Trump, who is in New York attending the United Nations General Assembly.
Solicitor General Noel Francisco, the highest-ranking Senate-confirmed official below Rosenstein in the Justice Department, would be in line to take control of the Mueller investigation.
After Sessions recusal, Comey firing
Rosenstein was sworn in deputy attorney general on April 26, 2017.
Just two weeks later, Trump fired FBI director James Comey less than halfway through his 10-year term. Trump initially cited Comey’s mishandling of an investigation into Hillary Clinton’s use of a private email system when she was secretary of state, but he admitted days later that Comey’s investigation into “this Russia thing” was a factor.
In the wake of Comey’s firing, Rosenstein appointed a special counsel, former FBI chief Robert Mueller, on May 18 to investigate “any links and/or co-ordination between the Russian government and individuals associated with the campaign of President Donald Trump; and any matters that arose or may arise directly from the investigation.”
Rosenstein had the authority to make that move after Sessions was forced to recuse himself from any potential Russian investigations because he’d had contacts with officials from Moscow while he was a Trump campaign advocate in 2016.
If the Special Counsel finds that President Trump has obstructed justice, the firing of James Comey will be Exhibit A.<br><br>Exhibit B would be any action against Rod Rosenstein.<br><br>Show some devotion to country, Republican colleagues. Avert a constitutional crisis and say something.
—@RepAdamSchiff
Since then, Trump has increasingly railed against Sessions, Rosenstein and the special counsel investigation as it has led to indictments of nearly three dozen individuals and guilty pleas from one-time Trump associates Michael Flynn, Rick Gates, Paul Manafort and George Papadopoulos.
Investigations into Trump’s personal attorney Michael Cohen were referred to the State of New York. Cohen, too, reached a plea deal with authorities.
Rash of firings
In addition to Comey, frequent Trump targets for criticism such as Andrew McCabe and Peter Strzok of the FBI have been dismissed.
Any termination or resignation could have immediate implications for Mueller’s investigation. While the investigation would likely not test the belief that a sitting president can be indicted, it could result in a report with findings of obstruction of justice or conspiracy.
That would potentially leave the door open for impeachment hearings.
Andrew McCabe, shown in 2017, expressed alarm Monday over the possibility that Rosenstein could be the next high-ranking law enforcement official to depart in the last 18 months. (Jacquelyn Martin/Associated Press)
The removal of Rosenstein could became another flashpoint in the midterm congressional races, as Republicans are seeking to prevent the Democrats from gaining control of the House — where the impeachment process could be initiated — and possibly the Senate after Nov. 6.
McCabe released a statement expressing his concerns if Rosenstein departs.
“There is nothing more important to the integrity of law enforcement and the rule of law than protecting the investigation of special counsel Mueller,” McCabe said in a statement.
“If the rumours of Deputy AG’s Rosenstein’s departure are true, I am deeply concerned that it puts that investigation at risk.”
McCabe also said he had “no role” in providing information to the recent news stories concerning alleged Rosenstein comments last year.
In the wake of the Times report last week, Democratic Rep. Adam Schiff of California warned the administration against any action against Rosenstein and urged Republicans to check Trump’s interference, saying it could amount to a “constitutional crisis.”
The timing would also come as the White House is defending its Supreme Court nominee Brett Kavanaugh in the face of allegations of sexual misconduct in the 1980s.
With files from The Associated Press