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Rod Rosenstein: Why could he be fired and what would it mean for Trump-Russia investigation?

The fate of the deputy attorney general's job remains in question as Trump heads back to Washington

Chris Riotta
New York
Wednesday 26 September 2018 16:01 EDT
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Donald Trump says he will be meeting with Rod Rosenstein on Thursday

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Donald Trump built his international stardom with a simple tag line: "You're fired!"

On Thursday, the president may just use his favourite phrase once again to oust the man overseeing a federal investigation into his 2016 presidential campaign.

Rod Rosenstein's fate as the deputy attorney general within the Justice Department remains in question after explosive reports on Friday alleged he questioned Mr Trump’s fitness to serve in the Oval Office in multiple private conversations with federal officials. Those discussions were reportedly drafted into memos that were subsequently disseminated among top officials at the federal agency.

As Mr Trump and Mr Rosenstein prepare for their highly-anticipated meeting, here's background on how the deputy attorney general found himself on the president’s bad side — and what could potentially come next.

Who is Rod Rosenstein?

Mr Rosenstein is the top official in the Justice Department currently overseeing the Special Counsel investigation into Russia’s interference in the 2016 presidential election. Jeff Sessions recused himself after Mr Trump appointed him to spearhead the federal agency due to his involvement in the president’s campaign.

The position of deputy attorney general is ordinarily a relatively low-visibility one in Washington, but Mr Rosenstein has assumed outsized significance given his appointment of Robert Mueller to investigate potential ties between Russia and Trump’s 2016 presidential campaign.

Why is Mr Rosenstein’s job in jeopardy?

Tensions began brewing between Mr Rosenstein and Mr Trump again last week after an explosive New York Times report alleged the deputy attorney general discussed wearing a wire and secretly recording the president while attempting to recruit his Cabinet member to invoke the 25th Amendment.

By Monday, the president reportedly had not decided whether to fire Mr Rosenstein for supposedly questioning his fitness to serve in the Oval Office.

Mr Trump told Fox News in an interview that he was looking into Mr Rosenstein’s reported actions — and what to do about them — following the newspaper report, noting the deputy attorney general “was hired by Jeff Sessions”.

"We will make a determination," he said at the time. "It’s certainly a very sad story."

Mr Rosenstein vehemently denied any wrongdoing, claiming the Times report was inaccurate. The Associated Press then confirmed he was heading to the White House with the expectation that he would be fired.

White House spokesperson Sarah Huckabee Sanders said Mr Trump and Mr Rosenstein had “an extended conversation” Monday “to discuss the recent news stories” at the deputy attorney general’s request.

What happens if Mr Rosenstein is fired?

Any firing or resignation of Mr Rosenstein spells immediate uncertainty for an investigation that he oversees and would place that responsibility in the hands of a replacement who Democrats fear would be less respectful of Mr Mueller’s independence and mandate. Even some congressional Republicans and White House aides have warned for months against firing Mr Rosenstein for fear that it could lead to impeachment.

The commotion about Mr Rosenstein’s future has added to the turmoil roiling the administration, just six weeks before midterm elections with control of Congress at stake. In addition to dealing with the Mueller investigation, the White House has also struggled to win confirmation of Supreme Court nominee Brett Kavanaugh in the wake of sexual misconduct allegations.

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Mr Rosenstein could be replaced by Noel Francisco, a conservative appointee of Mr Trump who has fought for expansive executive powers and is currently tasked with arguing in support of the administration’s agenda to the Supreme Court.

When will we find out the fate of Mr Rosenstein?

The Trump-Rosenstein meeting will be on the same day as an extraordinary Senate committee hearing featuring Brett Kavanaugh and a woman who has accused him of sexually assaulting her when they were in high school.

Mr Trump, who on Friday said that he would remove a “lingering stench” from the Justice Department, did not publicly reveal any plans over the weekend.

On Monday, he said he hoped Thursday’s meeting would help him figure out "what’s going on."

Over the weekend, he appeared undecided on Mr Rosenstein’s fate, reportedly asking confidants, both inside and outside the White House, how to respond to the situation. Some urged him to fire Mr Rosenstein, the Associated Press reported, while others suggested restraint while checking whether the report was correct or if it was planted by an adversary.

The Associated Press contributed to this report

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