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Wednesday 26 september 2018
What happens to Mueller probe if Rosenstein loses his job?
By MICHAEL BALSAMO, As- on Thursday. So what hap- take over as acting deputy.
sociated Press pens to the Russia investi- Sessions would likely move
WASHINGTON (AP) — The gation if Rosenstein loses his his chief of staff, Matthew
investigation into Russian job after Thursday’s meet- Whitaker, into that position.
election interference is ing? He would take over Rosen-
often called the Mueller Some questions and an- stein’s responsibilities out-
probe, but it’s Rod Rosen- swers: side the Mueller probe.
stein who oversees it. WHAT IS ROSENSTEIN’S ROLE That would be a departure
Rosenstein’s fate as deputy IN THE MUELLER PROBE? from the department’s reg-
attorney general remains Rosenstein is Robert Muel- ular succession plan, which
in the air after a revelation ler’s boss. would make Rosenstein’s
surfaced last week that Attorney General Jeff Ses- chief deputy, Edward
he floated the idea of re- sions has recused himself O’Callaghan, the acting
cording President Donald from the Russia probe, to deputy.
Trump. Rosenstein went to Trump’s great frustration, ___
the White House on Mon- and left the duties of over- WHO IS NOEL FRANCISCO?
day expecting to be fired, seeing the investigation As solicitor general, Fran-
but the president gave him to Rosenstein. After Trump cisco is the president’s top
a three-day reprieve, and fired FBI Director James lawyer who has successful-
Deputy Attorney General Rod Rosenstein leaves the White House the two are set to have a Comey, Rosenstein ap- ly defended controversial
in Washington, Monday, Sept. 24, 2018. face-to-face showdown pointed Mueller as special Trump policies, including
Associated Press
counsel to take over the the travel ban, before the
investigation. Rosenstein is Supreme Court. Francisco
acting in Sessions’ place to served in President George
oversee the probe and has W. Bush’s administration,
the power to fire Mueller — was a law clerk to Justice
for cause — under Justice Antonin Scalia and was an
Department guidelines. attorney at the Washington
Rosenstein makes nearly law firm Jones Day, where
all the pivotal decisions in he took on a number of
the Mueller investigation, conservative causes. The
including signing off on in- firm represents the Trump
dictments. In an interview campaign, which could
with USA Today in March, raise questions about
Rosenstein said Mueller was whether he would have
“not an unguided missile.” a conflict overseeing the
In an investigation kept Russia investigation. Fran-
decidedly out of the pub- cisco has recused himself
lic spotlight, it was Rosen- from Supreme Court cases
stein — not Mueller — who in which Jones Day repre-
briefed the president and sents a party. If Francisco
then stood before the mi- recuses himself from the
crophones when indict- Mueller probe, Steven En-
ments were announced. gel, the head of the Justice
He did so most recently in Department’s Office of Le-
July, when the Justice De- gal Counsel, would be next
partment charged 12 Rus- in line to take over the in-
sian intelligence officers in vestigation.
the hacking of Democratic ___
Party and Hillary Clinton WHY IS IT SIGNIFICANT
campaign emails during WHETHER ROSENSTEIN RE-
the 2016 election. SIGNS OR IS FIRED?
___ The circumstances of
WHO WOULD REPLACE Rosenstein’s departure
ROSENSTEIN IF HE IS OUST- would affect Trump’s abil-
ED? ity to pick a replacement.
Under the Justice Depart- Under a law known as the
ment’s succession plan, Federal Vacancies Reform
control of the Russia probe Act, if Rosenstein resigns,
would be turned over to So- the president would have
licitor General Noel Francis- the power to temporar-
co. He is the highest-rank- ily move any Senate-con-
ing official after Rosenstein firmed appointee into the
who has been confirmed vacant post. But Trump
by the Senate — a require- has less flexibility if he fires
ment for the position. The Rosenstein. The Justice De-
acting associate attorney partment would likely need
general is actually ranked to adhere to its succession
higher but would be in- plan, appointing Francisco
eligible because it is not a as the overseer of the Muel-
Senate-confirmed position. ler probe and Whitaker as
But Francisco wouldn’t deputy attorney general.q