Deputy Attorney General Rod Rosenstein met Thursday afternoon with Senate Intelligence Committee chair Richard Burr and ranking member Mark Warner and reportedly said he would consider naming a special counsel in the Russia investigation. Let’s remember, he also said that during his March confirmation hearing, but never committed to doing it. But his hasty Capitol Hill meeting aside, Rosenstein still hasn’t spoken a word publicly about his now infamous memo titled, “Restoring Public Confidence in the FBI," which provided the supposed rationale for firing FBI Director James Comey.
The White House explanation for Comey's ouster has careened from Donald Trump lost confidence in Comey on Day 1 to Trump was convinced to do it after Attorney General Jeff Sessions and Rosentstein outlined Comey's "atrocities" in disrupting the "chain of command" at the Justice Department (deputy press secretary Sarah Huckabee Sanders literally advanced both explanations at the Wednesday's press conference.)
We've now heard Trump himself say that Comey "wasn't doing a good job" and he was “planning to fire” him all along even as Vice President Mike Pence has been spinning the tale that Rosenstein's assessment of Comey was the driving force:
“[Rosenstein] brought the recommendation to the president,” Pence told reporters. “The attorney general concurred with that recommendation and I, personally, am grateful that we have a president who is willing to provide the kind of decisive and strong leadership to take the recommendation of the deputy attorney general and the attorney general and to remove the FBI director who had lost the confidence in the American people.”
They can't have it both ways: Rosenstein made the case, then Trump provided "decisive and strong" leadership, except that he wanted Comey gone from Day 1.
What's missing in the whole debate over the impetus for Comey's firing is Rosenstein's voice, the guy who authored the memo outlining all the reasons that Comey should be let go—entirely based on actions Comey took last year, mind you.
That has flummoxed Trump, who suddenly realized Tuesday night that he was having an optics problem after abruptly removing the guy who was in charge of investigating him.
For more than two hours after the news broke, Trump had no official spokesman, as his army of communications aides scrambled to craft a plan. By nightfall, Trump had ordered his talkers to talk; one adviser said the president wanted “his people” on the airwaves.
Counselor Kellyanne Conway ventured into what White House aides call “the lions’ den,” appearing on CNN both Tuesday night and Wednesday morning for combative interviews.
That's right—Conway crawled out from under a rock after being so conspicuously absent from the spotlight for the past couple months that it inspired an SNL skit last weekend called "Where in the world is Kellyanne Conway?" It apparently never occurred to his Orangeness that it would be problematic to keep his press team totally in the dark about the firing until just an hour before it commenced.
Now for a moment of clarity: Based on multiple reports, Trump clearly had it in for Comey, in large part because the director had explicitly contradicted his baseless claim that President Obama wiretapped his phones.
But regardless, Rod Rosenstein is the central figure in this equation—he laid out the rationale for Comey's dismissal, providing cover for both Trump and Sessions, who is supposedly recused from issues related to the Russia investigation. Rosenstein is still overseeing that investigation; not only did Comey report to him on the matter, Comey's replacement, acting FBI director Andrew McCabe, is now reporting to him too.
McCabe testified Thursday morning at a Senate Intelligence Committee hearing that he hadn't heard from Rosenstein since taking over at the FBI. He also testified, in total contradiction to White House claims, that Comey had “broad support” at the FBI and “still does to this day.”
”The vast majority of FBI employees enjoyed a deep, positive relationship with Director Comey,” he said.
It's worth noting that Rosenstein is supposedly "furious" that the White House has advanced the notion that Trump fired Comey at Rosenstein’s recommendation. (Hey buddy, you wrote the supporting memo entitled, “Restoring Public Confidence in the FBI.")
In an exchange with Democratic Sen. Chris Coons at his confirmation hearing just two months ago, Rosenstein emphasized the need for an investigation into Russian meddling that is viewed as fair and independent.
COONS: We spoke previously about your commitment to preserving the independence and public confidence in our law enforcement system. [...] would you agree that it's vital to the assurance of confidence in our democracy and law enforcement system that any investigation into these matters be fair, free, thorough and politically independent?
ROSENSTEIN: Yes, I do.
COONS: And you stated previously that you'd be willing to resign, if you felt that was not the case, that one of the things you would do if you felt you were inappropriately being pressured to shut down an investigation or the investigation was being stonewalled, that you would oppose those efforts, is that accurate?
ROSENSTEIN: I don't recall whether I said it here, but it's certainly true.
So, Mr. Rosenstein, it's time to quit privately whining about the White House. Either step up to the mic and publicly defend the memo you authored or resign. Because nothing about your actions has amounted to "restoring public confidence" in the FBI, the Trump-Russia investigation you’re overseeing, or the Justice Department, for that matter. Nothing.