President Donald Trump nominated Rosenstein to serve as Deputy Attorney General on February 1, 2017. Rosenstein was confirmed by the U.S. Senate on April 25, 2017. In May 2017, at Trump's behest,[5] he authored a memo that Trump then cited as the basis for his decision to dismissFBI DirectorJames Comey.[6][5]
In May 2018, Rosenstein reportedly told the five U.S. Attorneys in districts along the border with Mexico, where refugees were concerned, that they should not "be categorically declining immigration prosecutions of adults in family units because of the age of a child." The directive, issued as part of the Trump administration family separation policy, led to the separation of thousands of small children from their parents, many of whom were seeking asylum in the United States after fleeing violence in Central America.[7]
Rosenstein submitted his resignation as deputy attorney general on April 29, 2019, which took effect on May 11, 2019.[15] In 2020, he joined the law firm King & Spalding as a partner in its "Special Matters and Government Investigations" practice.[16]
During the Clinton Administration, Rosenstein served as counsel to Deputy Attorney General Philip B. Heymann (1993–1994) and Special Assistant to Criminal Division Assistant Attorney General Jo Ann Harris (1994–1995). Rosenstein then worked in the United States Office of the Independent Counsel under Ken Starr on the Whitewater investigation into President Bill Clinton.[27] As an Associate Independent Counsel from 1995 to 1997, he was co-counsel in the trial of three defendants who were convicted of fraud, and he supervised the investigation that found no basis for criminal prosecution of White House officials who had obtained FBI background reports.[24]
From 2001 to 2005, Rosenstein served as Principal Deputy Assistant Attorney General for the Tax Division of the United States Department of Justice. He coordinated the tax enforcement activities of the Tax Division, the U.S. Attorneys' Offices and the IRS, and he supervised 90 attorneys and 30 support employees. He oversaw civil litigation and served as the acting head of the Tax Division when Assistant Attorney General Eileen J. O'Connor was unavailable, and he personally briefed and argued civil appeals in several federal appellate courts.[28]
As United States Attorney, he oversaw federal civil and criminal litigation, assisted with federal law enforcement strategies in Maryland, and presented cases in the U.S. District Court and in the U.S. Court of Appeals for the Fourth Circuit.[28] In 2012, Attorney General Eric Holder directed Rosenstein to investigate leaks regarding the U.S.'s Stuxnet operation, which sabotaged Iran's nuclear program; as a result of the investigation, former U.S. Marine Corps General James Cartwright pleaded guilty to making false statements to the FBI and acknowledged leaking information about the operation to New York Times journalist David E. Sanger.[29] During his tenure as U.S. Attorney, Rosenstein successfully prosecuted leaks of classified information, corruption, murders and burglaries, and was "particularly effective taking on corruption within police departments."[30]
Rosenstein secured several convictions against prison guards in Baltimore for conspiring with the Black Guerrilla Family.[27] He indicted Baltimore police officers Wayne Jenkins, Momodu Gondo, Evodio Hendrix, Daniel Hersl, Jemell Rayam, Marcus Taylor, and Maurice Ward for racketeering.[31] Rosenstein, with the aid of the Bureau of Alcohol, Tobacco and Firearms and the Drug Enforcement Administration, secured convictions in large scale narcotics cases in the District of Maryland, including the arrest and conviction of Terrell Plummer,[32] Richard Christopher Byrd,[33][34] and Yasmine Geen Young.[35]
The Attorney General appointed Rosenstein to serve on the Advisory Committee of U.S. Attorneys, which evaluates and recommends policies for the Department of Justice. He was vice-chair of the Violent and Organized Crime Subcommittee and a member of the Subcommittees on White Collar Crime, Sentencing Issues and Cyber/Intellectual Property Crime. He also served on the Attorney General's Anti-Gang Coordination Committee.
Rosenstein served as the U.S. Attorney in Maryland during a period in which homicides decreased by approximately one-third, in other words, double the decline at the national level. Additionally, the robbery and aggravated assault rates fell faster than the national average. According to Thiru Vignarajah, the former deputy attorney general of Maryland, "Collaboration between prosecutors, police, and the community combined with a dogged focus on violent repeat offenders was the anchor of Rosenstein’s approach." Rosenstein regarded the heroin and opioid epidemic as a public health crisis, hired a re-entry specialist to help ex-offenders adjust to life outside of prison, and prosecuted several individual cases of corrupt police officers.[36]
On May 8, 2017, President Trump directed Sessions and Rosenstein to make a case against FBI Director James Comey in writing. The next day, Rosenstein handed a memo to Sessions providing the basis for Sessions's recommendation to President Trump that Comey be dismissed.[43][44] In his memo Rosenstein asserted that the FBI must have "a Director who understands the gravity of the mistakes and pledges never to repeat them". He ends with an argument against keeping Comey as FBI director, on the grounds that he was given an opportunity to "admit his errors" but that there is no hope that he will "implement the necessary corrective actions."[45]
After administration officials cited Rosenstein's memo as the main reason for Comey's dismissal, an anonymous source in the White House said that Rosenstein threatened to resign.[51] Rosenstein denied the claim and said he was "not quitting," when asked directly by a reporter from Sinclair Broadcast Group.[52][53]
On May 17, Rosenstein told the Senate he knew that Comey would be fired before he wrote his memo that the White House initially used as justification for President Trump firing Comey.[54]
The New York Times reported in August 2020 that concerns about a possible counterintelligence threat posed by Trump's personal and financial dealings with Russia increased after his May 9 firing of Comey, prompting the FBI to open an inquiry separate from the Crossfire Hurricane (FBI investigation) and the incipient Mueller investigation. Within days, Rosenstein curtailed that inquiry, giving the bureau the impression that Mueller would pursue it, though Rosenstein instructed Mueller not to, effectively ending the inquiry.[55]
Special counsel appointment
On May 17, 2017, Rosenstein appointed Robert Mueller as a special counsel to conduct the investigation into "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump" as well as any matters arising directly from that investigation.[56] Rosenstein's order authorizes Mueller to bring criminal charges in the event that he discovers any federal crimes.[56] Rosenstein said in a statement, "My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command."[57]
In an interview with the Associated Press, Rosenstein said he would recuse from supervision of Mueller, if he himself were to become a subject in the investigation due to his role in the dismissal of James Comey.[58] Under that scenario, supervision would have fallen to DOJ's third-ranking official, Associate Attorney GeneralRachel Brand.[59] Brand resigned on February 20, 2018,[60] leaving the responsibility to Jesse Panuccio.
Eleven House GOP members filed articles of impeachment against Rosenstein on July 25, 2018, alleging he has stonewalled document requests from Congress and he mishandled the 2016 election investigation. Rosenstein has denied the allegations.[64][65] No such impeachment resolution was brought to the floor, with Ryan and Meadows backing down.[66] Subsequently, it was revealed that Devin Nunes wanted to impeach Rosenstein, but was concerned that attempting to do so would delay the confirmation of Supreme Court nominee Brett Kavanaugh.[67]
Alleged 25th Amendment discussions
On September 21, 2018, The New York Times reported that Rosenstein suggested, in the spring of 2017 shortly after the dismissal of Comey, that he could secretly tape conversations between himself and Trump. He also allegedly suggested invoking the 25th amendment to attempt to remove Trump from office.[68][69] Rosenstein strongly denied it, and other reporting suggested he had been sarcastic in his reference to taping Trump.[70][71] The report gave rise to rumors that he would be fired.[72]
Former FBI deputy director Andrew McCabe stated in a February 2019 60 Minutes interview that during the days after Comey was fired, "the highest levels of American law enforcement were trying to figure out what to do with the president," including the possibility of invoking the 25th Amendment to have Trump removed from office. Rosenstein again denied such discussions occurred.[73]
Rosenstein went to the White House on September 24, where he met with Chief of Staff John Kelly; according to some reports, he offered his resignation.[74][75] Following the meeting, the White House issued a statement that Rosenstein retained his position as deputy attorney general and would meet with Trump on September 27.[76] Due to the ongoing hearings of Brett Kavanaugh, Rosenstein instead met with Trump on October 8.[77][78][79] Further, Rosenstein agreed to meet with House Republicans within the next two weeks.[80][81]
Transfer of Mueller oversight and issuance of report
On November 7, 2018, Trump named Matthew Whitaker as Acting Attorney General, and Whitaker took over the oversight of Mueller's investigation. Oversight of the investigation was later assumed by William Barr upon his confirmation as attorney general.[11][12][13][14]
On March 22, 2019, Mueller released his report to Barr. On March 24, Barr sent a four-page letter to Congressional leaders "summarizing" the Mueller report, although he later said he had not intended the letter as a summary.[82] In it, he said that Mueller had made no determination about whether Trump had committed obstruction of justice, and that Barr and Rosenstein had concluded that the evidence in the report was "not sufficient to establish that the President committed an obstruction-of-justice offense."[83]
In an address at the Yale Club as he was preparing to leave the Justice Department following the release of the Mueller Report, Rosenstein criticized the Obama administration, the FBI, Congress, and the press for their conduct regarding Russian interference in the 2016 United States elections. Rosenstein asserted, "The previous administration chose not to publicize the full story about Russian computer hackers and social media trolls, and how they relate to a broader strategy to undermine America."[84] He asserted that former FBI director James Comey had stated that Trump pressured him to end the investigation into the matter. Rosenstein went on to say, "In politics — as in journalism — the rules of evidence do not apply." He quoted President Trump advocating for the rule of law. He also criticized the FBI and Congress for leaks regarding the investigation.[85]
Involvement in Trump administration's family separation policy
In May 2018, Rosenstein reportedly told five U.S. Attorneys in districts along the border with Mexico that, where refugees were concerned, they should not "be categorically declining immigration prosecutions of adults in family units because of the age of a child." The directive, issued under Attorney General Jeff Sessions and other Trump Justice Department officials as part of the Trump administration family separation policy, led to the separation of thousands of small children from their parents, many of whom were seeking asylum in the United States after fleeing violence in Central America.[86] Rosenstein insisted that children should be separated from their parents irrespective of the child's age, even if they were infants.[87]
Rosenstein was expected to step down from his position in mid-March 2019.[90][91] On February 19, 2019, President Trump announced his intention to nominate Jeffrey A. Rosen for the position of Deputy Attorney General.[92] Rosenstein subsequently resigned effective May 11, 2019.[15]
Post-government career
Rosenstein joined King & Spalding in January 2020, a white-shoe international law firm. He works primarily in assisting clients with federal investigations.[93]
^Savage, Charlie (May 9, 2017). "Deputy Attorney General's Memo Spells Out Case Against Comey". The New York Times. Archived from the original on May 18, 2017. Retrieved May 18, 2017. When President Trump fired James B. Comey as F.B.I. director on Tuesday, the White House made public a memorandum from Rod J. Rosenstein, the deputy attorney general, recommending the dismissal.
^"Watchdog: DOJ bungled 'zero tolerance' immigration policy". AP NEWS. January 14, 2021. Retrieved January 15, 2021. The report from the inspector general for the Justice Department found that leadership failed to prepare to implement the policy or manage the fallout, which resulted in more than 3,000 family separations during "zero tolerance" and caused lasting emotional damage to children who were taken from their parents at the border. ... According to the report, department leaders underestimated how difficult it would be to carry out the policy in the field and did not inform local prosecutors and others that children would be separated. They also failed to understand that children would be separated longer than a few hours, and when that was discovered, they pressed on.
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