Yeomans: Why Is Rod Rosenstein Still in Charge of the Mueller Investigation?

Washington, D.C., September 20, 2017 – In the latest edition of Yeomans Work, “Why is Rod Rosenstein Still in Charge of the Mueller Investigation?,” AFJ’s Ronald Goldfarb Fellow for Justice, Bill Yeomans, questions why Rod Rosenstein has yet to recuse himself from the Mueller investigation – despite all the evidence suggesting he should. Yeomans writes:

“We know that [Robert] Mueller is investigating possible obstruction of the Russia investigation and that [James] Comey’s firing is central to that inquiry.  Proving obstruction requires showing that Trump acted with corrupt intent in removing Comey.  That makes the White House meeting with [Attorney General Jeff] Sessions and Rosenstein important.  What did Trump or others say in the meeting about the reasons for firing Comey and for backing away from Stephen Miller’s original draft? Did Trump or others instruct or encourage Sessions and Rosenstein to produce an alternative explanation for the firing?  Did Sessions and Rosenstein become willing participants in an effort to conceal Trump’s true motivation?  If so, Rosenstein would be not only an important witness, but a possible co-conspirator in obstruction.”

Yet Rosenstein’s continued presence “may also reflect institutional and personal sensitivities,” writes Yeomans. “Rosenstein’s qualifications and those of his potential replacement doubtless ease the pressure for Rosenstein’s recusal.”