Is President Donald Trump trying to fire Deputy Attorney General Rod Rosenstein without actually firing him? That’s the logical inference from the president’s tweet Friday morning asserting that he’s being investigated for firing FBI Director James Comey by the person who told him to fire Comey, namely Rosenstein. The immediate effect of the tweet is to pressure Rosenstein to recuse himself from special counsel Robert Mueller’s investigation. Rosenstein will now have to do so -- soon.
Whether Trump has thought it through or not, that will leave Rosenstein’s supervisory obligations in the hands of Associate Attorney General Rachel Brand. She’s a horse of a different color from career prosecutors such as Rosenstein, Comey and Mueller. Brand is more like Trump Supreme Court appointee Neil Gorsuch: a high-powered conservative appellate lawyer who clerked for the U.S. Supreme Court, worked in the George W. Bush administration, and is prominent in Federalist Society circles. Her attitude toward the investigation is likely to be a bit different from Rosenstein’s, more informed by the structure of presidential authority and less by unwritten norms of prosecutorial independence.
