With President Donald Trump batting around the future of Assistant Attorney General Rod Rosenstein like a cat playing with a moth — first they were going to meet, then maybe not; there were hints he would be fired, then his resignation wasn't accepted — remember what this is all about: Rosenstein oversees Special Counsel Robert Mueller, whose investigation into Russian election meddling Trump desperately wants to end.
America cannot afford another Saturday Night Massacre like the one that helped spur President Richard M. Nixon's downfall after he ousted his attorney general and deputy attorney general in 1973. Nixon's goal was to fire the special prosecutor investigating Watergate, which he ultimately achieved, albeit at the cost of appearing to obstruct justice. If and when Trump plunges to a similar full-bore obstruction of justice, having Rosenstein already out of the way would be convenient for him.
Technically, Rosenstein's latest problems with the White House stem from media reports that he had quietly schemed to organize a 25th Amendment removal of Trump for unfitness. Rosenstein reportedly discussed surreptitiously recording him for evidence of Trump's mental instability. (It's worth asking why secret taping would be necessary; just record one of Trump's news conferences, like the unhinged one he conducted Wednesday or another he conducted Monday.)
The 25th Amendment is the proper method to address the president's unfitness, but it's a process that should be conducted above-board. As the St. Louis Post-Dispatch has noted, if Rosenstein was in fact engaged in such palace intrigue (he denies it), firing would be justified. You can't have members of an administration plotting an internal coup or surreptitious sting operation, no matter how rational their motives.
But it's clear the danger to Rosenstein isn't just about that. Trump, who no longer even feigns respect for rule of law, has made it clear he's furious with Attorney General Jeff Sessions for properly recusing himself from the Mueller investigation, and with Rosenstein for his own proper role in overseeing the probe. By handing Trump an arguably valid reason to boot one of them, the news report on Rosenstein potentially made it easier for Trump to quash the Russia investigation.
Rosenstein isn't ultimately the point; Mueller is. Senators, including some Republicans, have long been pushing Republican Senate leader Mitch McConnell to consider legislation to put Mueller out of reach of Trump. The House last week blocked a Democratic bid to do just that. McConnell has repeatedly refused, saying he's seen nothing to indicate Trump plans to abuse his authority. Which president is he watching?
With his threats against Rosenstein, Trump is, as usual, testing what he can get away with. If Congress is interested in preserving the investigation's integrity, it should pass a measure to protect Mueller, regardless of what happens to anyone else. Members should do that while they still can.
REPRINTED FROM THE ST. LOUIS POST-DISPATCH
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