How Rosenstein can protect the Mueller investigation — even if he’s fired
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.
.. There are all sorts of ways a Trumpist replacement for Rosenstein could stymie an investigation, ranging from dramatic (firing Mueller outright) to low-key (refusing to provide Congress with any interim reports and simply dragging the investigation out endlessly, without any updates to the public) or even more subtle (starving the budget or depriving Mueller of key personnel).
.. Trump here has pointedly not made the same promise that Nixon did in 1974, which is that he and the acting attorney general would not remove the special counsel without the express agreement of both the majority and minority in Congress.
.. “If President Trump cannot agree to an investigation modeled on what Richard Nixon agreed to, the question will linger: Just what is he afraid of?”
.. Rosenstein could, right now, tell Congress (or even a small group of members, with appropriate safeguards, including secrecy) what has happened — what Mueller has learned so far, whether Rosenstein has ever said “no” to Mueller and where the investigation is headed now.