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September 24, 2018
Rumors are swirling that Rod Rosenstein may be fired or resign.
These new developments are coming on the heels of the New York Times reporting that Rod Rosenstein was so concerned with the chaos that ensued after the firing of then FBI Director, James Comey, that he contemplated secretly recording President Trump, and even considered recruiting cabinet members to invoke the 25th amendment, removing Trump from office. These revelations have come from memos contemporaneously written by Andrew McCabe, then acting FBI Director. McCabe had given these memos to the Mueller probe. Rosenstein has denied ever mentioning the 25th amendment, or wanting to wear a “wire” to entrap Trump.
Rosenstein stated: “I never pursued or authorized recording the President, and any suggestion I have ever advocated for the removal of the President is absolutely false.”
Speaking on condition of anonymity, another person at the meeting stated that Rosenstein was being sarcastic when he made the comment about wearing a wire. However, according to two sources with knowledge of the meeting, Lisa Page, former FBI lawyer who was in attendance when Rosenstein made these comments, believed that Rosenstein was serious about making secret recordings of the president.
A Further complication with Rosenstein’s relationship with Trump, is that Rosenstein signed off on one of the FISA application to surveil ex-Trump aid, Carter Page. The FISA warrants are mired in controversy because they relied on information paid for by the DNC and Hillary Clinton- the Steele dossier, which was not disclosed to the FISA court. It’s also been asserted that exculpatory evidence was withheld from the FISA application.
Rosenstein also wrote the letter outlining the case for dismissing then FBI Director James Comey, making him a potential witness in the obstruction of justice case regarding Comey’s firing
Trump and others have questioned why Rosenstein chose Robert Mueller to lead the Special counsel investigation into Russian collusion when only one day prior to his special counsel appointment Mueller was interviewed for the job of FBI Director, but passed over by Trump. Mueller is also James Comey’s friend, and former boss.
Rosenstein has further exacerbated his relationship with Trump by his slow-walking, and outright refusal to supply document requests by Devin Nunes and the other members of the House Permanent Select Committee on Intelligence. Nunes, along with a few other Republican House members have been instrumental in uncovering the efforts by top officials in the FBI and DOJ to thwart Trump’s presidency. It appears that Rosenstein’s main concern is to protect the Department of Justice,
Due to the recusal of Attorney General Jeff Sessions from the Russia probe, Rosenstein is Mueller’s boss. If Rosenstein resigns, or is fired the next Senate-confirmed justice department official in line to oversee the Mueller probe is Solicitor General Noel Francisco.
Francisco has some impressive conservative bona fides. He clerked for Justice Antonin Scalia. He also served in the George W. Bush administration, as associate counsel to the president, and later in the Office of legal Counsel as deputy assistant attorney general. As a former partner of the Jones Day law firm, Fransisco has argued several times before the Supreme Court. In one case he successfully challenged Barack Obama’s recess appointments to the National Labor Relations Board. Francisco also successfully represented former Virginia governor Bob McDonnell, convincing the court to throw out the former governor’s bribery conviction.
Rod Rosenstein is scheduled to meet with President Trump on Thursday. Trump deserves to have a Justice Department that he is confident is not undermining his presidency. Sessions certainly doesn’t have the President’s trust, and Rosenstein’s relationship with Trump has always be tenuous at best.
Rosensteins’s conflicts, combined with Trump’s warranted lack of faith in his deputy attorney general should justify the dismissal of Rosenstein. However, these are not normal times. With the exceptions of a few media outlets, the mainstream media, along with half of the country is desperate to destroy Trump and bring down his presidency. Firing Rosenstein now would be red meat for the “resistance” and bring on howls of accusations of obstructing the Mueller probe, and calls for impeachment.
Its has also been speculated that McCabe is responsible for leaking his own memos to the NY Times as a trap for Trump.
Trump’s advisors are most assuredly aware of the potential political fall out and are advising Trump to not dismiss Rosenstein. Hopefully Trump heeds this advise.
