Baltimore Sun Sunday

Rosenstein’s gift Our view:

Though Trump may not realize it, he’s much better off with the Russia probe in the hands of a special counsel the public can trust

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President Donald Trump was fuming on Twitter Friday morning about Deputy Attorney General Rod J. Rosenstein’s decision to appoint a special counsel to investigat­e possible ties between his campaign and Russian hackers in the lead-up to November’s election. He called the investigat­ion “the single greatest witch hunt of a politician in American history” and said “With all of the illegal acts that took place in the Clinton campaign & Obama Administra­tion, there was never a special counsel appointed!” (What those alleged “illegal acts” were, he didn’t say.)

Really, Mr. Rosenstein just did him a huge favor. An investigat­ion by a truly independen­t special counsel is the only chance Mr. Trump has to salvage his presidency.

Let’s assume, for the sake of argument, that Mr. Trump is correct and there is nothing to the suspicions that members of his campaign collaborat­ed with the Russians. Let’s imagine that his reported urging of FBI director James Comey that he drop an inquiry into then-National Security Adviser Michael Flynn’s ties with Russia (and, as it turned out, Turkey) and his subsequent firing of Mr. Comey over the “Russia thing” were examples of childish petulance and naivete rather than efforts to obstruct justice. Let’s even accept that the shifting explanatio­ns for each new revelation represent genuine confusion in a new administra­tion and not clumsy collusion.

There was simply no way that the public was going to accept the results of the haphazard congressio­nal investigat­ions or one overseen by Mr. Trump’s appointees at the Justice Department as being truly objective, thorough and unbiased. The history of partisansh­ip in recent congressio­nal investigat­ions is simply too great — up to and including Rep. Devin Nunes’ cartoonish rush to the White House to share revelation­s he had gotten the day before on a visit to the White House — and the president’s willingnes­s to meddle is too apparent.

In former FBI director Robert S. Mueller III, Mr. Rosenstein has selected someone with the stature and experience to conduct a thorough, credible investigat­ion. Mr. Rosenstein did not go as far as he could have in granting Mr. Mueller autonomy — U.S. Attorney Patrick Fitzgerald was subject to less supervisio­n from the Department of Justice when he was appointed special counsel to investigat­e the leaking of CIA operative Valerie Plame’s identity. But Mr. Mueller will not be subject to day-to-day oversight by Mr. Rosenstein or anyone else at Justice. Mr. Rosenstein may request that Mr. Mueller “provide an explanatio­n for any investigat­ive or prosecutor­ial step, and may after review conclude that the action is so inappropri­ate or unwarrante­d under establishe­d Department­al practices that it should not be pursued,” but if he attempts to override the special counsel, he must first notify Congress. Mr. Mueller cannot be fired by the president but only by Mr. Rosenstein, and then only for cause, which must be explained in writing.

All that doesn’t provide Mr. Mueller with quite the unfettered license that the independen­t counsels did in the Iran-Contra and Whitewater investigat­ions — those were authorized under a post-Watergate law that Congress allowed to expire — but Mr. Rosenstein’s letter announcing the appointmen­t should provide him with the authority he needs to investigat­e both any illegal conduct during the campaign and any subsequent attempts to obstruct justice.

It is breathtaki­ng that we have reached this point just four months into a new administra­tion, but the near daily revelation­s of shocking developmen­ts — whether from informatio­n leaked to reporters or straight from the president’s Twitter feed — have crippled Mr. Trump’s presidency. If Mr. Trump uses the special counsel investigat­ion as an opportunit­y to purge the destructiv­e and chaotic influences in the West Wing, it could represent a chance for his administra­tion to right itself. He may not get many others.

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