Like his boss, Attorney General Jeff Sessions, Rosenstein long has expected that he would leave his post after the midterm elections, according to a source familiar with his thinking.

For Rosenstein, staying put until early November was considered key to give Special Counsel Robert Mueller more time to try to complete his investigation.

Rosenstein appeared to initially think his public denials in response to the news reports of his comments last year on recording the president and invoking 25th Amendment would be enough to remain on the job for the time being, according to people familiar with his thinking.

As CNN reported this morning, Rosenstein and Kelly were in dispute about timing of a resignation.

With a likely departure on the horizon, even before the 2017 comments became public in news reports, Rosenstein has been trying to telegraph what he hopes his legacy would be remembered for.

A speech at the Justice Department less than two weeks ago, strikes a somewhat defiant tone, given the attacks against the Justice Department and the FBI from the president and his congressional allies:

“Most people are familiar with the first clause of our oath, the requirement to ‘support and defend the Constitution.’ But some overlook the final clause: to ‘well and faithfully discharge the duties of the office.’

The first obligation is generic. It imposes a duty to pursue the national interest over any private interest. That applies equally to all government employees.

But the final clause is specific. Everybody recites the same words, but the meaning varies. In order to well and faithfully discharge the duties of “the” office, you need to understand the unique responsibilities of your office. What is the mandate of your agency; what is the mission of your component; and how do you add value?

You need to know what you stand for. In the words of a classic country song by Aaron Tippin, ‘You’ve got to stand for something, or you’ll fall for anything.’”