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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRachel Brand will resign from the DOJ. That could be bad news for Mueller.
https://www.vox.com/2018/2/9/16997508/rachel-brand-resigns-doj-trump-muellerRachel Brand will resign from the DOJ. That could be bad news for Mueller.
Trump could replace her with someone who wont mind firing Mueller.
By Alex Ward@AlexWardVoxalex.ward@vox.com Feb 9, 2018, 7:40pm EST
Rachel Brand, the No. 3 official at the Department of Justice, is resigning after just nine months on the job a decision with big ramifications for special counsel Robert Muellers investigations.
Heres why: Deputy Attorney General Rod Rosenstein is currently in charge of overseeing the Mueller probe. Rosenstein has said that he wont fire Mueller without good cause.
But if Trump were to fire Rosenstein, or if he were to recuse himself from the investigation or quit outright, the responsibility for overseeing the probe would go to the next in line: Associate Attorney General Rachel Brand.
Which means that whoever Trump picks to replace Brand could potentially end up in charge of the Mueller investigation. Technically, the next in line is Solicitor General Noel Francisco, who is now serving in Brands role in an acting capacity. But legal experts told me that Trump has the authority to name anyone he wants to replace Brand.
And heres the scary thing: That person might follow Trumps order to dismiss the special counsel.
That can only happen if Rosenstein no longer oversees Mueller and thats still a distinct possibility for three reasons.
First, Rosenstein could recuse himself from overseeing Mueller because he had a hand in firing former FBI Director James Comey. Mueller became the special counsel because Trump may have let go Comey go in order to obstruct the Russia investigation. So if Rosenstein recuses himself legal experts, like Jack Goldsmith at Lawfare think he should then Muellers boss becomes whomever Trump may soon name.
Second, Trump could simply fire Rosenstein and theres reason to think he might. Trump allies expected last weeks release of the memo from Rep. Devin Nunes would prompt Rosensteins dismissal. Trump has consistently made his displeasure with Rosenstein known, at one point claiming hes a Democrat even though Rosenstein is a lifelong Republican.
And finally, Rosenstein could resign if Trump ordered him to fire Mueller. Rosenstein has reiterated time and time again that he has yet to see any reason to fire Mueller. So if Trump does ask Rosenstein to let Mueller go and Rosenstein declines Trump could fire Rosenstein. And so, again, Trumps hand-picked successor would oversee Mueller and then possibly fire him.
Its worth noting that the White House continues to say Trump has no plans to fire Mueller. The president even said he expects Mueller to treat him fairly. But that wont stop legal experts, like former top Justice Department spokesperson Matthew Miller, from worrying who the administration will choose to replace Brand.
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Rachel Brand will resign from the DOJ. That could be bad news for Mueller. (Original Post)
babylonsister
Feb 2018
OP
a kennedy
(29,723 posts)1. Can I say ah, shit.
InAbLuEsTaTe
(24,123 posts)2. Not good!
shanny
(6,709 posts)3. Been on the job 7 months, I believe
so, who appointed her?
Calista241
(5,586 posts)4. I think Rosenstein has recused himself and they havent announced it.
Its been widely reported that Mueller is focusing on Trump potentially obstructing justice in his firing of Comey. Rosenstein fucking wrote the justification Trump officially used to fire him. The idea that Rosenstein isnt a witness is lunacy.
Kirk Lover
(3,608 posts)5. You know what...if this is the little plan they have cooking it's NOT going to work. If trashbag
DARES tries this maneuver the 'sane' R's will put their foot down and either protect Mueller or re install him. I'm not worried.
babylonsister
(171,102 posts)7. Who are the sane "r's"? None in much evidence lately. nt
Kirk Lover
(3,608 posts)8. The ones who say Mueller should be left alone to do his work. n/t
Yo_Mama_Been_Loggin
(108,304 posts)6. Kick