If Rosenstein Goes, Here's Who Takes Over the Trump-Russia Investigation
In recent weeks, Rosenstein has faced criticism from House Republicans and the president.
January 29, 2018 at 03:19 PM
4 minute read
If Deputy Attorney General Rod Rosenstein is fired or resigns amid questions about the Justice Department's handling of its investigation into Russian interference in the 2016 election, the investigation could fall into the hands of a range of officers, including U.S. attorneys.
Rosenstein, celebrated on both sides of the aisle as experienced and decidedly nonpolitical during his confirmation process last year, has since drawn the ire of President Donald Trump and House Republicans. Trump has reportedly said he wants Rosenstein removed, and Republicans are raising alarms about a secret memo they say indicates Rosenstein improperly approved an application to extend surveillance on former Trump associate Carter Page.
Trump also reportedly ordered the firing last year of the special counsel, Robert Mueller, backing off only when his White House counsel threatened to resign. But under the special counsel regulations, only the attorney general can fire Mueller. Because Attorney General Jeff Sessions recused from the investigation, it was Rosenstein who appointed Mueller, acting as the attorney general, so only Rosenstein can officially fire him, if the administration adheres to the special counsel regulations. It's possible Rosenstein would resign rather than fire Mueller, or be fired himself as a result.
A March 2017 executive order from the White House outlines the order in which DOJ officers would take over the functions and duties of the attorney general if he is unable to perform his duties. The order notes that Trump “retains discretion, to the extent permitted by law” to appoint an acting attorney general. If he doesn't, here's the rundown for the DOJ:
- Associate Attorney General Rachel Brand: Brand is No. 3 at the DOJ, and would thus succeed Rosenstein. Brand, the first woman to ever serve in the associate AG position, was confirmed in March and oversees several key DOJ components, including the Civil, Antitrust and Civil Rights divisions. She's also focused much of her efforts in recent months on supporting the re-authorization of Section 702 of the Foreign Intelligence Surveillance Act.
- Solicitor General Noel Francisco or Assistant Attorneys General: The attorney general could also designate Solicitor General Noel Francisco, as well as assistant attorneys general, to act as attorney general following the associate attorney general. Several assistant attorneys general are still awaiting confirmation from the Senate, but those in place at the DOJ include Makan Delrahim of the Antitrust Division, Beth Ann Williams of the Office of Legal Policy, Steven Engel of the Office of Legal Counsel and Stephen Boyd of the Office of Legislative Affairs.
- U.S. Attorney Dana Boente of the Eastern District of Virginia: Boente, who also serves as acting assistant attorney general for national security, would be next as the U.S. attorney in the Eastern District of Virginia. Despite Boente's October announcement that he would resign once a replacement was confirmed, the Washington Post reported last week that Boente has been selected as the next general counsel of the FBI, replacing James Baker. He also served as acting attorney general briefly after Trump fired then-Acting Attorney General Sally Yates early last year, as well as acting deputy attorney general under Sessions prior to Rosenstein's confirmation.
- U.S. Attorney Robert Higdon Jr. of the Eastern District of North Carolina: Higdon was confirmed by the Senate on Sept. 28, 2017. He's a former federal prosecutor, and was most recently a partner at Williams Mullen. In 2012, Higdon led the prosecution of former Sen. John Edwards.
- U.S. Attorney Erin Nealy Cox of the Northern District of Texas: The Senate confirmed Cox on Nov. 9, 2017. Prior, she was a senior adviser at McKinsey & Co. in the cybersecurity and risk practice and worked at the cyber firm Stroz Friedberg. She also spent several years as a federal prosecutor at in the Office of Legal Policy at Main Justice.
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