Houston Chronicle Sunday

Will Trump believe McCabe or Rosenstein?

Deputy AG’s fate may lie in whose account the president chooses

- By Eric Tucker and Michael Balsamo

WASHINGTON — The fate of Deputy Attorney General Rod Rosenstein could turn on whether President Donald Trump believes the account of an ex-FBI official who, as Trump once asserted in a tweet, had “LIED! LIED! LIED!”

Rosenstein discussed secretly recording Trump, though one person who was present at the time said Rosenstein was just being sarcastic, and reportedly suggested removing the commander in chief from office. Rosenstein issued a swift denial to both claims.

The revelation that the secondrank­ing Justice Department official had even broached those ideas has created even more uncertaint­y for him at a time when Trump has railed against law enforcemen­t leadership he has perceived as biased against him.

The president, at a Missouri rally Friday night, said there was a “lingering stench” at the Justice Department that “we’re going to get rid of.” He didn’t name names.

A key witness in the episode is Andrew McCabe, who was temporaril­y elevated to FBI director after Trump fired James Comey. McCabe documented conversati­ons with senior officials, including Trump and Rosenstein, in memos that have been provided to special counsel Robert Mueller as part of the Trump-Russia investigat­ion. Trump’s scorn for both

The discussion about possibly recording Trump occurred during a meeting with McCabe in May 2017 following Comey’s firing. Comey’s dismissal infuriated many rank-and-file agents, but the White House has said that decision was made on the Justice Department’s recommenda­tion.

A memo from McCabe also describes Rosenstein as having discussed the potential removal of the president under the Constituti­on.

While Trump has publicly scorned Rosenstein, the president has been every bit as harsh toward McCabe, who was fired in March amid a watchdog investigat­ion that concluded he repeatedly lied about his involvemen­t in a news media disclosure.

Trump once called McCabe’s firing a “great day for democracy” and asserted without elaboratio­n that McCabe knew all “about the lies and corruption going on at the highest levels of the FBI.” The inspector general’s findings have been referred to prosecutor­s for possible criminal charges.

Friday’s news reports raised the prospect that Trump could fire Rosenstein. Any dismissal could affect Mueller’s investigat­ion into possible coordinati­on between Russia and Trump’s presidenti­al campaign. Rosenstein appointed Mueller and oversees his work.

Trump said at the Missouri rally that the Justice Department has some “great people” but also “some real bad ones.” He said the “bad ones” were gone, “but there’s a lingering stench and we’re going to get rid of that, too.” It was unclear to whom he was referring, and the White House did not respond to questions about Rosenstein’s remarks.

Rosenstein’s comments were first reported by the New York Times, which also said he raised the idea of using the 25th Amendment, which says that a president can be declared “unable to discharge the powers and duties of his office” upon a majority vote of the vice president and the Cabinet. Rosenstein denied it.

“I never pursued or authorized recording the President and any suggestion that I have ever advocated for the removal of the President is absolutely false,” he said in a statement.

List of falsities

Comey and McCabe, once close associates at the FBI, have provided wildly divergent accounts about who knew what when regarding a 2016 Wall Street Journal story on an FBI investigat­ion into the Clinton Foundation.

The inspector general’s office has accepted Comey’s account over McCabe’s in concluding that McCabe repeatedly lied to internal investigat­ors under oath. McCabe denies that.

The Justice Department on Friday distribute­d a list of instances in which the inspector general said McCabe had made false statements in the past. The department also released an email from one attendee who said Rosenstein’s “statement was sarcastic and was never discussed with any intention of recording a conversati­on with the president.”

 ?? Joshua Roberts / Bloomberg ?? Deputy Attorney General Rod Rosenstein denied a claim that he suggested surreptiti­ously recording President Donald Trump.
Joshua Roberts / Bloomberg Deputy Attorney General Rod Rosenstein denied a claim that he suggested surreptiti­ously recording President Donald Trump.

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