Rod Rosenstein, who oversaw Mueller probe, leaving Justice Department – NBC News
WASHINGTON — Deputy Attorney General Rod Rosenstein, who had been overseeing Robert Mueller’s special counsel investigation, plans to step down within the next month, according to administration officials familiar with his thinking.
Rosenstein had long intended to serve about two years as the Justice Department’s No. 2 official, these officials say. They add that this is his own plan and that he is not being forced out by the White House. That’s despite the fact that he’s been a frequent target of criticism from President Donald Trump’s Twitter attacks on the Justice Department.
The administration officials say he plans to remain on the job until after the new attorney general is confirmed. After pushing out Jeff Sessions in November, Trump nominated William Barr to be attorney general. Barr planned to be at the Capitol on Wednesday, beginning a round of courtesy calls with senators ahead of his confirmation hearing that begins Jan. 15.
White House press secretary Sarah Sanders said Wednesday on Fox News, “I know the deputy attorney general has always planned to roughly stay around two years. My guess is that he is making room for the new attorney general to build a team that he wants around him.”
Rosenstein’s intentions were first reported by ABC News. He did not respond to questions Wednesday morning.
Rosenstein considered resigning last fall, after a report surfaced that he advocated secretly recording Trump, but he decided to stay on the job. Aides said he made a comment about having someone “wear a wire” around the president as a joke during a meeting.
Rosenstein had been overseeing the Mueller’s investigation into possible Trump campaign collusion with Russia and obstruction of justice because Sessions recused himself due to his role in the Trump campaign. And even with the arrival of acting Attorney General Matt Whitaker, who took over the probe, Rosenstein has continued to help supervise the Mueller investigation.
If Barr is confirmed, as seems likely, he will fully take over that role. Several legal sources have said it appears that the Mueller investigation is entering its final stages. But Barr would play a key role in deciding whether and how to share Mueller’s expected report with Congress and whether to make all or part of it public.
Responding to news of Rosenstein’s impending departure, Democratic Sen. Tim Kaine of Virginia told CNN’s “New Day” that he has “deep concern” about how Barr will handle the Mueller probe. He referenced a memo Barr authored in which he was critical of the investigation.
“William Barr was sending freelance memos to the Trump administration making a case to undercut the Mueller investigation,” Kaine said. “So the deep concern will be if he comes in and Rosenstein is gone, is this just a preface to either undercutting the investigation or trying to keep the results of it hidden from the American public.”
Rosenstein has been a consistent defender of Mueller and the Justice Department, responding to attacks from Republicans in Congress. He told a Law Day conference last May that the Department “is not going to be extorted,” after some House Republicans raised the prospect of seeking Rosenstein’s impeachment.
The attacks from Congress and the White House were a jolt for Rosenstein, who enjoyed bipartisan support for most of his three decades as a federal prosecutor. But his congressional support faltered when he wrote a memo providing a rationale for Trump’s decision to fire FBI Director James Comey.
By appointing Mueller to take over the Russia investigation as a special counsel, Rosenstein won back Democrats but angered the president, who tweeted, “I am being investigated for firing the FBI Director by the man who told me to fire the FBI Director! Witch Hunt.”
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