Justice Department Official Who Would Oversee Mueller Probe Without Rosenstein Is Stepping Down: Report
The third-ranking official in the Department of Justice—who would oversee the investigation into Russian meddling in the 2016 election if Deputy Attorney General Rod Rosenstein was fired, resigns or recuses himself—is reportedly stepping down.
Associate Attorney General Rachel Brand, whom President Donald Trump appointed to the position, plans to leave to go to the private sector, The New York Times reported, citing two people with knowledge of the matter.
Her apparent upcoming departure could potentially change the course of Special Counsel Robert Mueller’s investigation into Russian tampering and possible coordination with the Trump campaign. Rosenstein has been overseeing the probe because Sessions, who had worked on the Trump campaign, recused himself. If Trump fired Rosenstein or he quit or recused himself, Brand would have taken his place, according to the Justice Department line of succession.
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Following the release last week of House Intelligence Committee memo alleging misconduct by Rosenstein, Trump indicated that he might remove the deputy attorney general. A White House spokesman later said there were no plans to do so.
With Brand gone, Sessions can designate someone else to step in as the No. 3 official, such as an assistant attorney general or the solicitor general. If he does not or cannot do so, the United States attorneys for the Eastern District of Virginia, the Eastern District of North Carolina and the Northern District of Texas are next in the order of succession, respectively. But officials in “acting” capacities do not count in the order, and so only Robert Higdon, the U.S. attorney in North Carolina, and Erin Cox, the U.S. attorney in Texas, would be eligible. They are both Trump appointees. If Rosenstein is no longer in his role, that person would likely be tasked with overseeing the Mueller probe.
A Justice Department spokesperson was not immediately available to comment or to confirm the report.
This is a developing story.