Is the Mueller Investigation Safe from Matt Whitaker?

The recent appointment of Matt Whitaker as acting Attorney General following the forced resignation of Attorney General Jeff Sessions has caused many to fear that it means the shutdown of Robert Mueller’s Russia investigation. Since Matt Whitaker is not particularly qualified for the position of attorney general, acting or otherwise, some fear that Whitaker was appointed for the express purpose of not only ending the Russia probe, but firing Robert Mueller.

Fueling speculation is the fact that, in addition to Matt Whitaker’s lack of qualifications for his new role, Whitaker has openly criticized the Mueller investigation (which he will now oversee).

In an interview with CNN in 2017, when Whitaker was a CNN contributor, he talked of a scenario where the person who replaced Jeff Sessions could decrease Mueller’s budget “so low that his investigation grinds to almost a halt.”

Also on CNN, Matt Whitaker insisted that Mueller’s investigation would amount to nothing, and that Mueller was crossing a “red line” by investigating the financial ties between the Trump Organization and Russia. Further, he held that no wrongdoing had occurred when Donald Trump Junior met with a Russian attorney to discuss Hillary Clinton.

In early November 2018, in a CNN editorial, Whitaker said that Mueller’s probe might end up “a mere witch hunt.”

“Mueller has come up to a red line in the Russia 2016 election-meddling investigation that he is dangerously close to crossing,” wrote Whitaker.

Even if Matt Whitaker were the impartial overseer of the Mueller investigation that the law requires, the inappropriate partiality, as well as questionable ethics of some of his other activities would, under any other circumstances, be disqualifying.

In a recent example, the Office of Special Counsel was recently called on to investigate Whitaker for allegedly violating the Hatch Act, which prohibits federal employees’ political activity. While he was Chief of Staff and Senior Counselor under Jeff Sessions, Whitaker received several political donations. Whitaker’s 2014 U.S. Senate campaign committee was found to be currently active, and took in almost $9,000 in political contributions in early 2018.

As the top law enforcement official of the United States, Matt Whitaker should be an impartial overseer of federal investigations. As chief legal principal, he should be above reproach. Matt Whitaker is neither. Until a permanent Attorney General is appointed, it looks as if the fate of Robert Mueller’s Russia probe lies in Whitaker’s hands – and could be in peril.

Kellyanne Conway on Matt Whitaker, Russia probe | Fox News [2018-11-11]

Acting Attorney General Matthew Whitaker meeting with ethics officials |
CBS News [2018-11-13]

Rod Rosenstein: Will He Resign? Will He Be Fired? Will We Know?

Deputy Attorney General Rod Rosenstein’s expected departure may not feel exactly like a surprising news story. There was speculation during the summer that Trump might fire Rosenstein after the FBI raided the home of Michael Cohen, Trump’s former personal lawyer. What stands out at this point about the possibility of Rod Rosenstein’s leaving is the recent alternating news about his mode of departure.

First, the news came over the weekend that Rod Rosenstein was about to be fired in the aftermath of a story that appeared in The New York Times. According to the Times, after Trump’s firing of former FBI director James Comey in early 2017, Rod Rosenstein had allegedly suggested invoking the 25th Amendment to remove Trump from office. Rosenstein also reportedly talked about secretly recording Trump’s conversations. Rosenstein has denied both allegations.

Later, on Monday, it was reported that Rosenstein was going to resign because he expected to be fired. He visited the White House on Monday, and met with Chief of Staff John Kelly, as well as speaking with Donald Trump, who was in New York when they spoke.

At the end of Monday, however, Rosenstein’s job was still intact. He will meet in person with Trump on Thursday, September27.

In anticipation of Rod Rosenstein’s expected departure one way or the other, is the White House trying to blur the public’s impression about whether Rosenstein was fired or whether he resigned?

Something important to remember is this, from The Atlantic: “If the president can browbeat Rosenstein into resigning—or even plausibly misrepresent the firing as a resignation—Trump gains the power to bypass the Senate confirmation process under the Federal Vacancies Reform Act. He can replace Rosenstein with any serving official previously confirmed by the Senate to any other job.”

In the summer of 2017, when Trump ordered the firing of Robert Mueller, and Don McGahn refused, some predicted that Trump would next try to fire Rod Rosenstein, who also indicated that he did not intend to fire Mueller. This, some said, would remove the block (Rosenstein) to ending the Russia investigation.

If Donald Trump’s current chance to get rid of Rod Rosenstein plays out, Trump would be able to control who steps in at the Justice Department to run the Mueller probe. That person would have to be confirmed by the Senate, but with a Republican-dominated Senate, most of which either strongly backs Trump or has been largely sluggish, it’s likely the Trump appointee would be confirmed. That person would then direct Robert Mueller, and could effectively put an end to the investigation into Russia’s influence on the 2016 presidential election. Thursday may not only be a big day for Rod Rosenstein, it could be a fateful day for our country.

Napolitano on potential fallout if Trump fires Rosenstein | Fox News [2018-09-24]

Rod Rosenstein speaks with Trump about recent news stories, will meet Thursday | CBS News [2018-09-24]