Government

Rod Rosenstein Blames Obama, Praises Trump, In Parting Shots

Rosenstein is just an average man unable to meet extraordinary expectations.

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Deputy Attorney General Rod Rosenstein (Photo by JIM WATSON/AFP/Getty)

Rod Rosenstein is going to leave government with the most complicated legacy of any Trump administration official. On the one hand, nearly every hacktastic partisan decision made about the Russia investigation happened with his tacit sign-off or active participation. On the other hand, a serious investigation into Russian interference and the president’s attempts to obstruct justice doesn’t happen without Rosenstein’s commitment to the rule of law. The guy who allowed himself to be used to fire James Comey also hired Robert Mueller. Assessing his contribution to America requires a nuanced look at his actions, and non-actions, within the context of the extraordinary pressures he was working under.

Rod Rosenstein is not a “good” guy. But he’s not a “bad” guy. I think he’s just an average guy, a perfectly mediocre man thrust into an unforgiving spotlight. I think he did the best he could. I think his best wasn’t good enough. I think better men would have been fired. I think lacquering a sheen of lawfulness on this unlawful regime was his biggest failure. I think he let us down and should go away and never come back. I wish him the best of luck in his next endeavor. His legacy defies “hot takes.”

What further complicates Rosenstein’s legacy is how Rosenstein himself wants to define it. History will be the ultimate judge, but this dude is going to write a book. This guy is going to try to explain himself to us, for cash and posterity. And the way he seems to view himself is just… weird. Speaking at the Public Servants Dinner of the Armenian Bar Association last night, Rosenstein took one of what will eventually be many shots at defining himself. You’d think that he’d be somewhat invested in portraying himself as above the political fray, an honest public servant doing his best. Instead, he took the opportunity to throw shade at the Obama administration. From Politico:

He then chastised “critical decisions” he said had been made about the investigation before he arrived by the Obama administration and then-FBI director James Comey, including not divulging more about Russia’s meddling. He compared the atmosphere of his time as DOJ’s No. 2 to a parable about a man who laid down on a burning bed.

“The previous administration chose not to publicize the full story about Russian computer hackers and social media trolls, and how they relate to a broader strategy to undermine America,” he said. “The FBI disclosed classified evidence about the investigation to ranking legislators and their staffers. Someone selectively leaked details to the news media. The FBI director announced at a congressional hearing that there was a counterintelligence investigation that might result in criminal charges. Then the former FBI director alleged that the President pressured him to close the investigation, and the President denied that the conversation occurred. So that happened.”

Right, it was OBAMA who lit everything on fire and you and Trump have just been running around with buckets of water. Right. Sure.

Rosenstein also praised Trump. He does this whenever he gets to speak in public, but we usually pass that off as “Rosenstein trying to keep his job.” But now, he has no job to keep, so can we assume the Trump praise was genuine?

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In his speeches, Rosenstein often refers positively to President Trump, and he did so again on Thursday, a week after the Justice Department issued nearly 200 pages of findings documenting instances in which prosecutors and federal agents were concerned the president might have obstructed justice…

“The rule of law is our most important principle,” said Rosenstein. “As President Trump pointed out, ‘we govern ourselves in accordance with the rule of law rather [than] . . . the whims of an elite few or the dictates of collective will’.”

Alright, so Trump likes the rule of law (like, whatever dude), but Obama left the bed on fire? But don’t think of Rosenstein as partisan. No, no, there’s no such thing as partisanship, according to Rosenstein:

“I do not care how police officers, prosecutors, and judges vote, just as I do not care how soldiers and sailors vote. That is none of my business. I only care whether they understand that when they are on duty, their job is about law and not politics,” said Rosenstein, who has worked at the Justice Department for decades.

“There is not Republican justice and Democrat justice. There is only justice and injustice,” he said.

It’s fair to look at all of these comments and conclude that Rosenstein is just another partisan hack who viewed his highest best duty as fealty to the president. That’s what he’s saying here. But, it’s not how he acted, we don’t think, as Deputy Attorney General.

It’s weird — usually we’re faced with people who say they’re all nonpartisan, but act like political operatives. But here, Rosenstein sounds exactly like a political operative, only his actions seem to defy that label.

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Like I said, Rosenstein leaves behind a complicated legacy. The only thing I know for sure is that I’m glad the rule of law in this country no longer rests on Rod Rosenstein’s narrow shoulders. I thank him for his service and hope he is never important again.

Rosenstein defends Russia investigation, takes shots at Obama administration [Politico]

Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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