Democratic senators had a lot of questions for Deputy Attorney General Rod Rosenstein Thursday in their closed-door briefing on the decision to fire FBI Director James Comey. Chief among them: Why exactly did Russia-recused Attorney General Jeff Sessions have anything whatsoever to do with determining Comey's fate? Ed O'Keefe at Washington Post reports:
In that space, Rosenstein faced especially aggressive questions from Democrats about the scope of the investigation set to be led by Mueller; why Attorney General Jeff Sessions was involved in the firing of Comey; and why Sessions is helping select the new director, according to multiple people.
Sens. Kirsten Gillibrand (D-N.Y.) and Al Franken (D-Minn.) especially grilled Rosenstein on Sessions’s role and the scope of Mueller’s new investigation, according to three senators in the room who spoke about the meeting on the condition of anonymity. Another aide familiar with the exchange described Franken as “heated.” But one of the senators asked to recount the meeting said that Franken and Gillibrand were “passionate” — not rude.
By all accounts, Rosenstein's answers to those questions were wanting and cryptic, perhaps even cagey. Just after the meeting, Sen. Dick Durbin told reporters senators still had a lot of unanswered questions, including about the role Sessions played.
"In each instance I think [Rosenstein] made it clear to us, he felt this had the danger of going too far and getting into information that Bob Mueller might need," Durbin said on MSNBC.
The indication here is clearly that special counsel Mueller may end probing obstruction of justice charges surrounding Comey's firing. Rosenstein likely didn't want to impede that inquiry, but he's also probably insulating himself from saying anything he'll have to answer for later.
Remember, Trump huddled with both Sessions and Rosenstein before firing Comey. The White House later tried to pin Trump’s decision on the memo Rosenstein authored
after that meeting. Based on accounts from Durbin and others, Rosenstein did clearly state the fact that
he learned of Trump’s decision on May 8. His memo detailing Comey’s failings as FBI director was dated May 9.
Rosenstein
reiterated that version of events during his Friday meeting with House lawmakers.
