The Mercury News

Rosenstein to stay in post for now

- By Devlin Barrett, Ashley Parker, Carol D. Leonnig and Rosalind S. Helderman

WASHINGTON >> White House officials said Monday that Deputy Attorney General Rod Rosenstein will stay in his job for now, following a chaotic morning of speculatio­n that he was about to resign — a developmen­t that would have further destabiliz­ed a Justice Department already under siege because of the Russia investigat­ion.

Job insecurity has been a regular feature of Rosenstein’s life for more than a year, as the president and his allies have publicly attacked him over special counsel Robert Mueller’s probe into Russian interferen­ce in the 2016 campaign and whether any Trump associates conspired with those efforts.

But his hold on his job never seemed as tenuous as Monday morning, after reports last week that Rosenstein, the No. 2 official at the Justice Department, had suggested secretly recording the president and mounting an effort within the Cabinet to remove him from office. Rosenstein has disputed the accuracy of those accounts, but his denials left plenty of room for interpreta­tion.

Now, President Donald Trump plans to meet with Rosenstein on Thursday to discuss the situation — and the deputy attorney general’s fate remains uncertain.

Multiple officials said that during conversati­ons over the weekend between and among White House and Justice Department officials, Rosenstein indicated that he was considerin­g resigning. During some of those conversati­ons, Rosenstein said his resignatio­n might be warranted to end the controvers­y, according to people familiar with the discussion­s, who spoke on the condition of anonymity to talk about internal deliberati­ons.

Some Trump aides had counseled the president against quickly firing Rosenstein, arguing that such a move could be exploited politicall­y by the Democrats and would be better done after the midterm elections.

Friday night, Rosenstein spoke with White House counsel Donald McGahn, according to a person familiar with the discussion­s. In that conversati­on, Rosenstein said he was willing to resign, but McGahn urged him to wait until they could talk further Monday morning, this person said.

By Sunday, some senior Justice Department officials had concluded that Rosenstein was about to be out of his job and began planning for Solicitor General Noel Francisco to take over supervisio­n of the Russia probe. As part of that contingenc­y plan, Matthew Whitaker, chief of staff to Attorney General Jeff Sessions, was slated to take over the other responsibi­lities of the deputy attorney general, according to the people familiar with the discussion­s.

When Rosenstein went to the White House on Monday morning, senior Trump advisers expected him to resign, according to several advisers. A Justice Department official, however, said Rosenstein had no intention of resigning but went there expecting to be fired.

As often happens in government, the two sides heading for a high-stakes confrontat­ion decided instead to hold another meeting.

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