A Very Interesting Question

#PutiTrump | #WhatTheyVotedFor

Yes, that Jack Goldsmith, for Lawfare:

One puzzle that deepens with Mike Schmidt’s New York Times story on “Trump’s Struggle to Keep [a] Grip on [the] Russia Investigation” is why Deputy Attorney General Rod Rosenstein has not recused himself from overseeing the Mueller investigation.

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In short, before the Schmidt story, we knew that Rosenstein was intimately involved in the president’s decision to fire Comey. Rosenstein’s memo was used as a pretext to fire Comey; Rosenstein knew that the president wanted to fire Comey; and he read the Bedminster draft before he wrote his own memorandum.

In this light, it has been very puzzling for a while why Rosenstein does not have a conflict of interest in the Mueller investigation. The Washington Post reported unequivocally that Mueller’s investigation includes “whether President Trump attempted to obstruct justice,” including, as a central issue, in his firing of Comey. Rosenstein was in the middle of that firing. He possesses information about the president’s beliefs and motives in firing Comey, and quite possibly a personal interest in how those beliefs and motives are construed, since he appeared to many to have been used by the president (and was reportedly very angry about it). Rosenstein would thus would very likely be a fact witness in any obstruction inquiry in connection with the Comey firing. It is hard to understand why he did not have a conflict of interest the moment Mueller’s investigation turned to obstruction in the firing of Comey.

File under, he might have a point, y’know.

Just sayin’.

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Image notes: Top —A child walks past a graffiti depicting Russian President Vladimir Putin and Republican presidential candidate Donald Trump on the walls of a bar in the old town in Vilnius, Lithuania, 14 May 2016. (Photo by Mindaugas Kulbis/AP Photo)  Right — Rod Rosenstein is shown during his confirmation hearing to become deputy attorney general on 7 March 2017. (Photo: J. Scott Applewhite/Associated Press)

Barrett, Devlin, Adam Entous, Ellen Nakashima, and Sari Horwitz. “Special counsel is investigating Trump for possible obstruction of justice, officials say”. The Washington Post. 14 June 2017.

Goldsmith, Jack. “Why Hasn’t Rod Rosenstein Recused Himself from the Mueller Investigation?” Lawfare. 5 January 2018.

Schmidt, Michael S. “Obstruction Inquiry Shows Trump’s Struggle to Keep Grip on Russia Investigation”. The New York Times. 4 January 2018.

#WhatTheyVotedFor (Corruption Conundrum)

#PutiTrump | #WhatTheyVotedFor

The basic conundrum, the New York Times explained Tuesday night:

By firing the F.B.I. director, James Comey, late Tuesday afternoon, President Trump has cast grave doubt on the viability of any further investigation into what could be one of the biggest political scandals in the country’s history.

The explanation for this shocking move—that Mr. Comey’s bungling of the investigation into Hillary Clinton’s private email server violated longstanding Justice Department policy and profoundly damaged public trust in the agency—is impossible to take at face value. Certainly Mr. Comey deserves all the criticism heaped upon him for his repeated missteps in that case, but just as certainly, that’s not the reason Mr. Trump fired him.

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Mr. Comey was fired because he was leading an active investigation that could bring down a president. Though compromised by his own poor judgment, Mr. Comey’s agency has been pursuing ties between the Russian government and Mr. Trump and his associates, with potentially ruinous consequences for the administration.

Disgrace (James Brien Comey, Jr.)

#resist

And then there is this.

President Donald Trump abruptly fired FBI Director James Comey Tuesday, dramatically ousting the nation’s top law enforcement official in the midst of an FBI investigation into whether Trump’s campaign had ties to Russia’s election meddling.

In a letter to Comey, Trump said the firing was necessary to restore “public trust and confidence” in the FBI. Comey has come under intense scrutiny in recent months for his role in an investigation into Democrat Hillary Clinton’s email practices, including a pair of letters he sent to Congress on the matter in the closing days of last year’s election.

Trump made no mention of Comey’s role in the Clinton investigation, which she has blamed in part for the election result that put him in the White House. But in announcing the firing, the White House circulated a scathing memo, written by deputy Attorney General Rod Rosenstein, criticizing Comey’s handling of the Clinton probe, including the director’s decision to hold a news conference announcing its findings and releasing “derogatory information” about Clinton.

(Pace)