Rod Rosenstein Seems Ready For His Richardson/Ruckelshaus Moment

President Donald Trump unleashed his most direct attack yet on Deputy Attorney General Rod J. Rosenstein, who is nominally overseeing Russia-related issues. Attorney General Jeff Sessions, you’ll remember, had to recuse himself because his actions are part of the investigation (and also because he appears to have some form of debilitating selective amnesia).

Rosenstein came to the job with a sterling reputation, a reputation that Trump is slowly defecating all over as he does with all he touches. Rosenstein wrote the Comey memo which Trump claims was the reason he fired Comey (at least he claimed that before he went on television and told Lester Holt that he fired Comey because of the Russia investigation). Rosenstein also appointed Robert Mueller to take over the Russia investigation, which now would seem to include an obstruction of justice investigation.

Trump has made noises about firing Mueller because, well, I guess nobody wants to go down for ineffective obstruction of justice. Firing Comey for not personally investigating you seems to have been a bad call. Now Trump wants to get things right, I suppose.

But to fire Mueller, he’ll kind of need Rosenstein on board. That, I believe, is the context for this official statement from the office of the President of the United States:

I am being investigated for firing the FBI Director by the man who told me to fire the FBI Director! Witch Hunt

— Donald J. Trump (@realDonaldTrump) June 16, 2017

The Tweet comes a few hours after Rosenstein released an unprompted and cryptic statement about what the American people should and should not believe. Here’s the statement (via the Washington Post):

Americans should exercise caution before accepting as true any stories attributed to anonymous ‘officials,’ particularly when they do not identify the country — let alone the branch of agency of government — with which the alleged sources supposedly are affiliated. Americans should be skeptical about anonymous allegations. The Department of Justice has a long established policy to neither confirm nor deny such allegations.

Hmm… it seems to me that “Americans should be skeptical” about hostage memorandums that appear to be written at gunpoint.

I don’t think you have to be a student of history or even particularly observant to recognize the road we are on. We’ve traveled it before. At some point, Trump is going to order somebody to fire Robert Mueller, much like Richard Nixon eventually ordered somebody to fire special Watergate prosecutor Archibald Cox. Rosenstein will be put in the same position as Nixon Attorney General Elliot Richardson, and I think, like Richardson, he’ll remove himself rather than carry out the corrupt order. After all, Rosenstein has already stated that he wouldn’t fire Mueller absent “good cause.”

I predict this not because I’m just wishcasting basic fealty to the Constitution from people in Trump’s orbit. I’m bereaved, but I’m not a sap. I predict this because reports today indicate that Rosenstein has already talked internally about recusing himself from the Russia investigation. The president tweeting out that Rosenstein told him to fire the person Trump is now being investigated for firing gives Rosenstein a little opening to wash his hands of this roiling mess by claiming he’s “conflicted” out of overseeing the investigation.

Recusal, as opposed to resignation, is exactly the kind of bitch-ass move one can expect from lawyers willing to work for Trump. It takes the least amount of courage while still maintaining a sense of professional responsibility.

If Rosenstein removes himself, one way or the other, from Mueller oversight, the dirty deed will fall to Associate Attorney General Rachel Brand. Brand — who also enjoys an excellent reputation, like Rosenstein — is who he allegedly talked to about recusal.

Is Brand going to be William Ruckelshaus, the deputy Attorney General who also resigned instead of firing Archibald Cox? Or is she going to be Robert Bork, the Solicitor General who became acting Attorney General and then did fire Cox?

Our full bio of Brand is here. She’s a Harvard Law grad who was also a Federalist Society member. She served in the Bush II Justice Department, but was also appointed by Obama to the Privacy and Civil Liberties Oversight Board. Her appointment to her current job as Associate A.G. was confirmed 52–46 in a partisan vote.

Look, if Trump decides to fire Mueller, eventually he’ll find somebody with the low character needed to fire Mueller. If Rosenstein or Brand won’t do it, he’ll find somebody who will. Hell, maybe Jeff Sessions will un-recuse himself just to fire Mueller. He seemed to do it to help ax Comey. That man has no principles.

The question is what will Republicans do when their dear leader crosses this line? The “Saturday Night Massacre” marked the beginning of the end of the road of Nixon, because Republicans rose up against him that that point. Barry Goldwater, and the Republican leaders of the House and Senate helped make it clear to Nixon that the jig was up.

Does anybody see that kind of strength in the current Republican Party? When Nixon finally fired Cox, Democrats still controlled the House and were able to proceed with an investigation that eventually lead to impeachment charges. Who thinks Paul Ryan has the strength or the character to continue on should Trump pull the plug on Mueller? Who thinks Mitch McConnell, of all people, will do the right thing? Who thinks John McCain will stop watching Diamondbacks games long enough to figure out what’s going on?

Rod Rosenstein may be ready for what comes next. Rachel Brand may be ready for what come next. The U.S. Congress? I don’t mean to interrupt their delightfully bi-partisan softball game, but we’re going to need them to come together in solidarity for something other than themselves.

Rod Rosenstein issues cryptic warning about truth of stories ‘attributed to anonymous’ officials [Washington Post]
Deputy AG says he may have to recuse himself from Russia probe: report [The Hill]

https://abovethelaw.com/2017/01/a-deep-drive-into-the-department-of-justice-transition/?rf=1

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Elie Mystal is an editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at [email protected]. He will resist.