Rod Rosenstein

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35 Questions for Congress to Ask Robert Mueller (+ Questions from Readers)

Former FBI (Rangappa), Justice Department and NSC (Geltzer), and Pentagon (Goodman) officials team up to suggest questions for Mueller.

A Brief Aside on the Inexplicable May 2017 Rosenstein Memo About Comey

This is hardly the most important thing about the Mueller Report, but it warrants a short note, if only to fill out the historical record. When President Trump removed FBI Director…
ederal Bureau of Investigation Director Robert Mueller is sworn in during a hearing before the House Judiciary Committee June 13, 2013 on Capitol Hill in Washington, DC.

Mueller’s Findings: Why DOJ Non-Disclosure Policy and Grand Jury Secrecy May Not Apply

As the Watergate scandal deepened in November 1973, President Richard Nixon declared: “People have got to know whether or not their President is a crook.” Nixon was right.…

A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker’s Power to Influence the Russia Investigation

Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump’s “request.”  The President promptly tweeted:  “We are pleased to announce…

The Constitutional Challenge to Robert Mueller’s Appointment (Part V):  If Mueller is an Inferior Officer, Was Rosenstein’s Appointment Constitutional?

[With minor oral argument update; Nov. 8]  In this final post, I’ll briefly describe the other two Appointments Clause arguments that appellant Andrew Miller makes in his challenge…
The outside of the E. Barrett Prettyman United States Courthouse in Washington D.C. during the day on Saturday, June 28, 2014.

The Constitutional Challenge to Robert Mueller’s Appointment (Part IV):  Morrison, Edmond, and the DOJ Special Counsel Regulations

[With relatively minor oral argument updates; Nov. 8]  In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…

The Constitutional Challenge to Robert Mueller’s Appointment (Part III):  What Would be “Good Cause” to Remove Mueller?

[UPDATED to reflect November 8 oral argument] In the case that’ll be argued November 8 before a panel of the U.S. Court of Appeals for the D.C. Circuit, appellant Andrew Miller’s…

The Constitutional Challenge to Robert Mueller’s Appointment (Part II): Is Mueller Even an Officer Subject to the Appointments Clause?

[With minor oral argument update; Nov. 8] As I explained in my introductory post, in the case challenging the legality of Robert Mueller’s appointment, Miller v. United States,…

The Constitutional Challenge to Robert Mueller’s Appointment (Part I): Introduction

[Minor Update after Oral Argument below–November 8] Two weeks from today, on Thursday, November 8, a panel of the U.S. Court of Appeals for the D.C. Circuit (Judges Henderson,…

Who Might Replace Rod Rosenstein and What Would it Mean for the Mueller and SDNY Investigations?: A Deep Dive

Who would replace Rosenstein as deputy attorney general in the event Trump fires him or he resigns under pressure? And who would supervise the Russia and related investigations?…

Explainer: Rosenstein’s Potential Departure and What Comes Next for Russia and Hush Money Investigation

Who will supervise the Russia and Hush Money investigations after Rod Rosenstein?

Sessions’ Recusal and Rosenstein’s Appointment of a Special Counsel—Both Were Legally Required

President Donald Trump made 5,001 false or misleading claims, as of Sept. 12, 2018, according to a running tally kept by the Washington Post. This included an astonishing 79 such…
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