Los Angeles Times

No pledge on special prosecutor

Rod Rosenstein, Trump’s nominee to be deputy attorney general, is questioned about Russia inquiry.

- By Del Quentin Wilber del.wilber@latimes.com

WASHINGTON — The Justice Department official who would oversee the federal investigat­ion into Russia’s meddling in the U.S. election sidesteppe­d calls to appoint a special prosecutor, testifying Tuesday that he didn’t know enough about the inquiry to make such a pledge.

Rod Rosenstein, a top federal prosecutor nominated by President Trump to be deputy attorney general, testified that if confirmed he would ensure that politics would not derail any investigat­ion involving Russia. He said he was “not aware” of any reason he couldn’t oversee such an inquiry of Kremlin-led election interferen­ce, adding that his “job would be to make sure all investigat­ions are conducted independen­tly.”

What normally would have been a relatively sleepy hearing drew intense interest and sharp questions from some lawmakers in light of Atty. Gen. Jeff Sessions’ announceme­nt last week that he would recuse himself from any investigat­ions involving the fall campaign. With that action, oversight of any such investigat­ion would fall to the department’s No. 2.

The attorney general, a top Trump campaign surrogate last year, said he would distance himself from the investigat­ion after Justice Department officials disclosed he had met twice with the Russian ambassador to the U.S. despite having told Congress in January that he had engaged in no such contacts.

Democrats have pressed for the Justice Department to appoint a special prosecutor to investigat­e Russia’s meddling and any potential ties Moscow may have had to the Trump campaign.

Sen. Richard Blumenthal (D-Conn.) pledged on Twitter on Sunday to use “every possible tool” to block Rosenstein’s appointmen­t if he didn’t commit to appointing such a prosecutor.

Though Rosenstein testified he would be “willing to appoint a special prosecutor whenever I feel it’s appropriat­e,” he spent most of the hearing dodging questions about the Russia investigat­ion, saying he had not been briefed about it.

Under questionin­g from California Sen. Dianne Feinstein, the senior Democrat on the Judiciary Committee, Rosenstein noted that former Atty. Gen. Loretta Lynch and acting Deputy Atty. Gen. Dana Boente had declined to name a special prosecutor. The FBI is investigat­ing Russia’s interferen­ce in the election, as well as any potential ties between the Trump campaign or his associates and the Kremlin, U.S. officials have said.

FBI officials have not publicly discussed their investigat­ion, and there are no indication­s that they have discovered wrongdoing by any Trump associate.

“I am not in a position to answer the question because I don’t know the informatio­n they know,” Rosenstein said, referring to Lynch and Boente. He added that he would consult with career lawyers and review the rules and regulation­s governing such appointmen­ts to determine whether one was necessary.

Rosenstein said he had no reason to doubt conclusion­s by the intelligen­ce community that Russia sought to undermine the election, though he testified he had not read the declassifi­ed version of an intelligen­ce community report published Jan. 6.

The report asserted that Russian President Vladimir Putin had ordered the election-related meddling in an effort to hurt Democratic presidenti­al nominee Hillary Clinton and help Trump.

Those efforts included the hacking of emails from the Democratic National Committee and a top Clinton campaign official, and then leaking them.

Sen. Charles E. Grassley (R-Iowa), chairman of the committee, and other Republican­s pushed back on Democrats’ calls for an independen­t prosecutor. They said that Rosenstein had the experience and background to ensure that any investigat­ions would remain independen­t.

“There are times when special counsels are appropriat­e,” Grassley said. “But it’s far too soon to tell here. And even if there were evidence of a crime related to any of these matters, once confirmed, Mr. Rosenstein can decide how to handle it. I know of no reason to question his judgment, integrity or impartiali­ty.”

Sen. Lindsey Graham (R-S.C.) asked Rosenstein whether he had read Trump’s tweets over the weekend alleging, without providing evidence, that former President Obama had tapped his phones at Trump Tower. A spokesman for Obama denied the allegation, saying that “a cardinal rule of the Obama administra­tion was that no White House official ever interfered with any independen­t investigat­ion led by the Department of Justice.”

Rosenstein said he had indeed read about the tweets.

“What was your reaction?” Graham asked.

“I don’t think it’s appropriat­e for me to share my reaction, senator,” Rosenstein said. “If the president is exercising his 1st Amendment rights, that’s not my issue.”

If federal authoritie­s had wiretapped Trump or his associates, such actions would have required approval by the Foreign Intelligen­ce Surveillan­ce Court or a federal judge, and then only after a finding that there was probable cause that a crime had been committed or that someone in Trump Tower was an agent of a foreign power.

The FBI routinely receives such approval to tap the phones of foreign operatives.

Rosenstein, a 52-year-old Harvard Law School graduate and longtime federal prosecutor, is the U.S. attorney in Maryland and has served in that position under Presidents George W. Bush and Obama. He is well regarded by members of both parties.

He was joined at the hearing by Rachel Brand, 43, who has been nominated to be associate attorney general, the agency’s No. 3 position. Also a Harvard Law School graduate, Brand is the former chief counsel for regulatory litigation at the U.S. Chamber of Commerce.

 ?? Win McNamee Getty Images ?? ROD ROSENSTEIN, President Trump’s choice for deputy attorney general, testifies before the Senate Judiciary Committee with Rachel Brand, who has been nominated to be associate attorney general.
Win McNamee Getty Images ROD ROSENSTEIN, President Trump’s choice for deputy attorney general, testifies before the Senate Judiciary Committee with Rachel Brand, who has been nominated to be associate attorney general.

Newspapers in English

Newspapers from United States