Milwaukee Journal Sentinel

Deputy AG talked of using 25th Amendment on Trump, paper says

Rosenstein denies anonymous story

- Kevin Johnson, Maureen Groppe and David Jackson

WASHINGTON – Deputy Attorney General Rod Rosenstein discussed invoking the 25th Amendment to remove President Donald Trump last year at a time when the White House had been plunged into chaos after the firing of FBI Director James Comey, according to a New York Times report Friday.

According to the report, which Rosenstein strongly denied Friday, the deputy attorney general also suggested wearing a wire during encounters with the president while proposing the recruitmen­t of other administra­tion officials to support the president’s removal.

“The New York Times’ story is inaccurate and factually incorrect,” Rosenstein said in a statement. “I will not further comment on a story based on anonymous sources who are obviously biased against the department and are advancing their own personal agenda. But let me be clear about this: Based on my personal dealings with the president, there is no basis to invoke the 25th Amendment.”

The report comes after an opinion piece, authored by an unnamed Trump administra­tion official, was published earlier this month in The New York Times saying that Cabinet members had “whispered” about invoking the 25th Amendment because of Trump’s behavior.

The amendment, ratified in 1967, created a legal mechanism for designatin­g a head of state when the president is disabled or dead. It also formalized the historical practice for the vice president to permanentl­y take over if the president dies or resigns, and gives the president and Congress shared power to replace a vice president.

In Friday’s report, the newspaper cited unidentifi­ed sources briefed on meetings involving Rosenstein and notes recording the discussion­s drafted by then acting FBI Director Andrew McCabe.

McCabe, who was dismissed earlier this year by Attorney General Jeff Sessions, has shared private memos that he authored from his time at the bureau with Russia special counsel Robert Mueller.

In a statement Friday, McCabe’s attorneys said they did not know how the contents of the memos were shared with reporters.

“Andrew McCabe drafted memos to memorializ­e significan­t discussion­s he had with high level officials and preserved them so he would have an accurate, contempora­neous record of those discussion­s,” McCabe’s attorneys said. “When he was interviewe­d by the special counsel more than a year ago, he gave all of his memos – classified and unclassifi­ed – to the special counsel’s office. A set of those memos remained at the FBI at the time of his departure in late January 2018. He has no knowledge of how any member of the media obtained those memos.”

The White House did not immediatel­y respond to the report, but Donald Trump Jr., suggested it was evidence of an effort to compromise his father.

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Rod Rosenstein

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