How Rosenstein can protect the Mueller investigation — even if he’s fired

By | September 26, 2018

Neal Katyal writes:

Thursday’s meeting between Deputy Attorney General Rod J. Rosenstein and President Trump carries the highest of stakes: Besides special counsel Robert S. Mueller III, Rosenstein is the most important person involved in the investigation of the Trump administration’s possible ties to Russian interference in the 2016 election. That is by design. The special counsel regulations, which I had the privilege of drafting in 1999, make Rosenstein what corporate mavens call a “key man.” If Rosenstein is removed, Trump could very easily cripple the investigation.

The president knows it. Trump’s attorney, Jay Sekulow, this week called for Solicitor General Noel Francisco, who would probably replace Rosenstein in overseeing Mueller’s work if Rosenstein leaves office, to “pause” the investigation and to take “a step back.”

Which is why Rosenstein should prepare for Thursday by sending Congress, through appropriate channels, a description of the evidence of wrongdoing Mueller has already turned up. There’s no way to know what a meeting with the volatile president might bring. And the search for the truth might depend on what steps Rosenstein takes beforehand. [Continue reading…]

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