What happens to Mueller probe if Rosenstein loses his job?

Associated Press

WASHINGTON

The investigation into Russian election interference is often called the Mueller probe, but it’s Rod Rosenstein who oversees it.

Rosenstein’s fate as deputy attorney general remains in the air after a revelation surfaced last week that he floated the idea of recording President Donald Trump. Rosenstein went to the White House on Monday expecting to be fired, but the president gave him a three-day reprieve, and the two are set to have a face-to-face showdown Thursday.

So what happens to the Russia investigation if Rosenstein loses his job after Thursday’s meeting?

Some questions and answers:

WHAT IS ROSENSTEIN’S ROLE IN THE MUELLER PROBE?

Rosenstein is Robert Mueller’s boss.

Attorney General Jeff Sessions has recused himself from the Russia probe, to Trump’s great frustration, and left the duties of overseeing the investigation to Rosenstein. After Trump fired FBI Director James Comey, Rosenstein appointed Mueller as special counsel to take over the investigation. Rosenstein is acting in Sessions’ place to oversee the probe and has the power to fire Mueller – for cause – under Justice Department guidelines.

WHO WOULD REPLACE ROSENSTEIN IF HE IS OUSTED?

Under the Justice Department’s succession plan, control of the Russia probe would be turned over to Solicitor General Noel Francisco.

He is the highest-ranking official after Rosenstein who has been confirmed by the Senate – a requirement for the position.

But Francisco wouldn’t take over as acting deputy. Sessions would likely move his chief of staff, Matthew Whitaker, into that position.

He would take over Rosenstein’s responsibilities outside the Mueller probe.

WHY IS IT SIGNIFICANT WHETHER ROSENSTEIN RESIGNS OR IS FIRED?

The circumstances of Rosenstein’s departure would affect Trump’s ability to pick a replacement.

Under the Federal Vacancies Reform Act, if Rosenstein resigns, the president would have the power to temporarily move any Senate-confirmed appointee into the vacant post.

Trump has less flexibility if he fires Rosenstein. The Justice Department would likely need to adhere to its succession plan, appointing Francisco as the overseer of the Mueller probe and Whitaker as deputy attorney general.

COULD THIS CHANGE THE COURSE OF THE MUELLER INVESTIGATION?

If Rosenstein were to depart, Mueller and his investigators would be losing the oversight of an official who has protected their work despite the relentless attacks of Trump and his congressional allies.

Rosenstein is intimately familiar with the details of the investigation. There is little likelihood that a successor would be nearly as familiar with the specifics of the investigation.

There is also no guarantee that Rosenstein’s successor would be willing or able to withstand the political pressures and be similarly supportive and protective of the work of Mueller’s team.