Breaking News: DOJ Deputy AG Rosenstein Could Resign Over His Discussion Of 25th Amendment

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Hold on to this roller coaster of changing news accounts. As per the latest from the 9/24/18 Washington Post reporting, “Deputy Attorney General Rod J. Rosenstein will stay in the job for now, but will meet with the president on Thursday (9/27/18), White House officials said Monday, after officials described a series of private discussions that pointed to his resignation or firing.”

“At the request of Deputy Attorney General Rod Rosenstein, he and President Trump had an extended conversation to discuss the recent news stories,” said White House spokeswoman Sarah Huckabee Sanders. “Because the President is at the United Nations General Assembly and has a full schedule with leaders from around the world, they will meet on Thursday when the President returns to Washington, D.C.”

“The announcement capped a tense few hours after officials said Rosenstein had told White House officials over the weekend that he was willing to resign in the wake of revelations that he once suggested secretly recording President Trump.”

Link to entire report: Rod Rosenstein to stay in job for now

As per:  “reports that Rosenstein has said if Trump wants him gone, they’ll have to fire him, and that Rosenstein will refuse to resign and go quietly.”

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On the 24th of September 2018, it was Jonathan Swan of Axios who in the morning broke the story of the (DOJ) US Department of Justice’s Deputy Attorney General Rod Rosenstein plans to resign in the near future . He is the one who is responsible for overseeing the FBI’s Trump Russia probe being led by the Special Counsel Robert Mueller III.

As per the 9/24/ 18 Axios report, “Deputy Attorney General Rod Rosenstein has verbally resigned to Chief of Staff John Kelly in anticipation of being fired by President Trump, according to a source with direct knowledge. Per a second source with direct knowledge: “He’s expecting to be fired,” so he plans to step down. ”

“Background: Rosenstein talked last year about invoking the 25th Amendment and wearing a wire during Trump meetings, the N.Y. Times’ Adam Goldman and Michael S. Schmidt reported last week. He denied both allegations.

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Here’s the rest of the story until the Washington Post announced the latest update…

On September 24, 2018, Greg Stohr and Chris Strohm of Bloomberg penned the following report, “Rosenstein Resigns After Reports He Considered Taping Trump, Source Says”

Deputy Attorney General Rod Rosenstein, the official in charge of Special Counsel Robert Mueller’s Russia investigation, has verbally resigned to White House Chief of Staff John Kelly, according to one person familiar with the matter.

Rod Rosenstein Photographer: Andrew Harrer/Bloomberg
“The resignation was delivered to Kelly late last week, but it’s unclear whether Rosenstein is planning to follow through with a formal resignation, the person said. A second person said that Rosenstein isn’t “expected to be in the job after Monday.”

“The move comes after reports that Rosenstein suggested to colleagues last year that he would secretly record conversations with President Donald Trump.”

“Rosenstein was heading to the White House late Monday morning amid media reports that he is expecting to be fired.”

“A person who was present at the meeting last year said he was joking, but the New York Times, which first reported the incident on Friday, cited secondhand accounts indicating Rosenstein was serious about the proposal. The Times said Rosenstein also discussed identifying cabinet members willing to invoke the 25th Amendment, which provides for the removal of a president who’s unfit for office.”

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“The departure of Rosenstein — who named Mueller to be special counsel in May 2017 — has enormous implications for the investigation and for the president.”

“Democratic Senator Kirsten Gillibrand warned that Mueller’s probe needs additional protection in light of Rosenstein’s expected departure.”

“The Senate must step up to protect the Special Counsel immediately,” she said in a tweet. “We must pass the bipartisan bill to protect the Mueller investigation. The American people deserve answers about Russian interference in our democracy.”

“Current and former government officials, including lawmakers, had long warned Trump against firing or pushing out Rosenstein. Senate Democratic Leader Chuck Schumer warned Trump against seizing on the report that Rosenstein suggested covertly taping him.”

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“This story must not be used as a pretext for the corrupt purpose of firing Deputy Attorney General Rosenstein in order install an official who will allow the president to interfere with the Special Counsel’s investigation,” Schumer said in a statement. He added that many “White House and cabinet officials have been reported to say critical things of the president without being fired.”

“Mueller has charged 25 Russian people and companies for election interference. He also has won guilty pleas and cooperation agreements from people around Trump, including former campaign chairman Paul Manafort and former National Security Adviser Michael Flynn. Mueller is pursuing the possibility that people close to Trump colluded with representatives of Russia as well as whether Trump conspired to obstruct justice, inquiries the president has denounced as a “witch hunt.”

“Rosenstein made the decision to name a special counsel days after he took charge of the Russia probe, which he inherited when Attorney General Jeff Sessions recused himself from the matter. Trump has mocked and criticized Sessions for doing so.”

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Naming Replacement

Trump can install a temporary replacement as deputy attorney general until he nominates a successor to Rosenstein who would have to be confirmed by the Senate.

“However, the Justice Department has a line of succession that could let Solicitor General Noel Francisco assume control of the investigation. One question is whether that would be considered inappropriate given that Francisco is a former partner of the Jones Day law firm, which has represented Trump for years.”

“As solicitor general, Francisco has staunchly defended Trump administration policies while pursuing long-held conservative legal goals.”

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“He successfully defended Trump’s travel ban, drawing criticism for saying at argument that the president had “made crystal clear” he wasn’t trying to impose barring Muslims. Francisco later sent the court a letter saying he had misstated the date on which Trump supposedly made those comments.”

“Earlier this year, Francisco was photographed having dinner in downtown Washington with Sessions and Rosenstein in what some viewed as a show of support for an attorney general who was being sharply criticized by the president.

Francisco has been studiously silent about the Mueller probe, at last in public.”

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“In May, he stood up against Republican lawmakers who drafted articles of impeachment against him for refusing to turn over internal Justice Department documents that they said would reveal the questionable origins of the Russia probe.”

“There are people who have been making threats, privately and publicly, against me for quite some time,” Rosenstein said at a Law Day event in Washington. “I think they should understand by now the Department of Justice is not going to be extorted. We’re going to do what’s required by the rule of law.”

“But Rosenstein also riled some of Trump’s critics in 2017, when he wrote a controversial letter outlining the case for firing then-FBI Director James Comey, saying he made “serious mistakes” in his handling of the probe into Hillary Clinton’s use of a private email server. Trump cited Rosenstein’s letter in firing Comey, although he later said it was because of the Russia investigation.”

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“Trump grew increasingly angry at Mueller’s investigation, and at Rosenstein’s supervision of it. He discussed dismissing Rosenstein with aides at the White House in April, a person familiar with the matter said.”

“Trump and some Republican lawmakers have pressed the argument that Mueller’s inquiry should be shut down because it was irreversibly tainted by improper actions early in the inquiry, well before Mueller was appointed.”

“Rosenstein appointed Mueller as special counsel after Trump fired Comey, who had been overseeing the investigation. Rosenstein took control of the inquiry because Attorney General Sessions, an early Trump campaign supporter, recused himself from any matters related to the 2016 election, a move the president has openly derided.”

“I don’t have an attorney general. It’s very sad,” Trump said in an interview with Hill.TV, the Capitol Hill newspaper’s online TV channel, that aired 9/19/18.


  1. I hope he will hold out and let the Pres. fire him, be accountable for his departure. It is not surprising if he discussed the 25th amendment (not saying he did) but weren’t we all? Trump was on his worst behavior at the time, intermingling with the Russians, handing them classified information in the Oval Office. He should be ousted as unfit .

    Liked by 2 people

    • Dear Holly,

      I’ with you on this one. To my way of thinking, the DOJ officials would have been derelict in their oversight duties like the GOP in the US Congress, if they hadn’t considered the 25th amendment, and how it related to President Trump.

      As of the latest news, it looks like he is holding out for now.

      Hugs, Gronda

      Liked by 2 people

      • I hope so. A friend reminded me that he is accused of wanting to wire himself and tape the president. It’s a pity our executive branch is in such chaos that that would be considered. I really do hope he does not resign.

        Liked by 2 people

  2. Dear Mz. Gronda,

    The very idea that Noel Francisco would be allowed to assume control of the Mueller investigation is ludicrous at best! If he follows the rule of law, he would have to immediately recuse himself as his prior position is with one of the firms dealing with the investigation of King Donnie and protecting tRump from prosecution.. Over on the dark side it has been speculated for some time now that it was the administration that actually was responsible for this leak involving Rosenstein hoping it would give tRump good cause to remove him from office as his termination of Sessions was blocked by his supporters. Too bad we can not hope for a massive data dump from Mueller’s people prior to the removal of Rosenstein… It seems more likely every day that the truth will be withheld from the public of the deeds between tRump and Putin as it relates to our stolen election results…

    Liked by 1 person

    • Dear Crustyolemothman,

      Noel Francisco would have no choice but to recuse himself for at least a 2 yr. period.

      As per USA Today: He was at the firm when it represented the president’s 2016 campaign though there’s no evidence he worked on any campaign-related matters. Still, being at the firm is enough to disqualify him from managing the Mueller probe, according to a tweet Monday from Walter Shaub, the former director of the U.S. Office of Government Ethics.

      Walter Shaub

      DOJ is saying Noel Francisco would take over the investigation. DOJ is wrong unless the White House has secretly issued a waiver of Executive Order 13770, which bars Francisco from participating in the Mueller investigation due to Jones Day’s representation of the Tump campaign.

      Hugs, Gronda


  3. Gronda, I must confess it is hard to like this post given its subject matter as I feel justice will be denied. There is a cancer in the White House and it tweets its sickness out to all. Keith

    Liked by 1 person

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