The Mercury News

Panel to probe claim that Trump ouster considered

Sen. Graham responds to ‘60 Minutes’ interview with former acting FBI Director McCabe on the 25th Amendment after Comey was fired

- By Felicia Sonmez and Matt Zapotosky

Senate Judiciary Committee Chairman Lindsey Graham, RS.C., said Sunday that his panel will investigat­e former acting FBI Director Andrew McCabe’s assertion that Deputy Attorney General Rod Rosenstein raised the possibilit­y of ousting President Donald Trump through the 25th Amendment, calling the statement “beyond stunning.”

Graham was responding to comments made by McCabe in an interview with CBS News’ “60 Minutes,” which aired in full Sunday night.

“There’s an allegation by the acting FBI director at the time that the deputy attorney general was basically trying to do an administra­tive coup, take the president down (through) the 25th Amendment process,” Graham said in an appearance on CBS’ “Face the Nation.” “The deputy attorney general denies it. I promise your viewers the following: that we will have a hearing about who’s telling the truth, what actually happened.”

He added he will subpoena McCabe and Rosenstein if necessary.

Graham spokesman Kevin Bishop said no further details were available on the timing of the hearing.

In the “60 Minutes” interview, McCabe said Rosenstein raised the idea of using the 25th Amendment to remove Trump out of concern about the president’s “capacity and about his intent at that point in time.”

The conversati­on, he said, occurred in the hectic days after Trump fired James Comey as FBI director.

Rosenstein was “counting votes or possible votes” among Cabinet members on whether to oust Trump, McCabe told CBS’ Scott Pelley.

The 25th Amendment establishe­s a process for the Cabinet to force the president’s removal if he is unable to perform his duties.

McCabe’s spokeswoma­n said in a statement Friday that he did not participat­e in any “extended discussion­s” about using the 25th Amendment, nor was he aware of any.

McCabe said Rosenstein also “offered to wear a wire into the White House,” in the context of a discussion about why Trump fired Comey and his fixation on Russia. “He said, ‘I never get searched when I go into the White House. I could easily wear a recording device. They wouldn’t know it was there,’ ” McCabe said, describing what Rosenstein allegedly told him. “He was not joking.”

Rosenstein has disputed previous reports describing allegation­s by McCabe that he had discussed the topic. The Justice Department again pushed back in a statement late last week.

In Sunday’s interview, Graham described the issue as one of national concern.

McCabe “went on national television and he made an accusation that floors me . ... We’re going to find out what happened here, and the only way I know to find out is to call the people in under oath and find out, through questionin­g, who’s telling the truth, because the underlying accusation is beyond stunning,” the senator said.

McCabe said in the “60 Minutes” interview that the bureau and Justice Department were thrown into turmoil after Comey’s firing, and that he and Rosenstein were concerned about Trump’s motives.

McCabe said Rosenstein, who wrote a memo supporting Comey’s removal, told him that Trump had wanted him to mention Russia in that document, though Rosenstein ultimately did not do so.

McCabe said that decision — coupled with Comey’s firing and the president’s public comments deriding the examinatio­n of Russian interferen­ce in the 2016 election — helped convince the FBI to open an investigat­ion into Trump personally.

“If the president committed obstructio­n of justice, fired the director of the FBI to negatively impact or to shut down our investigat­ion of Russia’s malign activity and possibly in support of his campaign, as a counterint­elligence investigat­or you have to ask yourself, ‘Why would a president of the United States do that?’” McCabe said.

He said investigat­ors wondered, “Is there an inappropri­ate relationsh­ip, a connection between this president and our most fearsome enemy, the government of Russia?”

The FBI’s investigat­ion was ultimately taken over by special counsel Robert Mueller. McCabe said he had pushed for the probe to have an independen­t overseer, though Rosenstein — who appointed Mueller — had concerns.

“It might mean that he would lose his job,” McCabe said.

McCabe ultimately did lose his own job, after an inspector general inquiry found that he lied to investigat­ors exploring a media disclosure. McCabe said on “60 Minutes” that he did not intentiona­lly lie, and he believes his terminatio­n was politicall­y motivated.

“I believe I was fired because I opened a case against the president of the United States,” McCabe said.

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