USA TODAY

Deputy Attorney General Rod Rosenstein, who oversees special counsel Robert Mueller's investigation, is expected to leave his job at the Justice Department after the expected confirmation of William Barr as attorney general.

Mueller investigation once again in jeopardy

By Paul Seamus Ryan

Deputy Attorney General Rod Rosenstein's plan to resign from the Justice Department, after expected Senate confirmation this month of President Donald Trump's attorney general nominee William Barr, adds new urgency to the need for Congress to take steps to protect special counsel Robert Mueller.

For nearly two years, Rosenstein has filled a critically important role at the Justice Department: overseeing and safeguarding the independence of Mueller’s investigation of Russian government interference in the 2016 presidential election — and possible obstruction of the investigation by Trump.

We believe Trump has interfered with and obstructed the Russia investigation since its inception. The investigation was initially overseen by former FBI Director James Comey, whom Trump abruptly fired in May 2017. Trump also criticized and eventually fired former Attorney General Jeff Sessions, who recused himself from the Russia investigation due to his own role on the Trump campaign and numerous meetings with Russian officials during the campaign. Since Rosenstein appointed Mueller as special counsel, Trump has relentlessly criticized Rosenstein for allowing the investigation to continue.

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Now, Trump has nominated Barr to be our nation's next attorney general. Last year, Barr sent an unsolicited memo to Rosenstein at the Justice Department criticizing Mueller’s investigation into whether Trump unlawfully obstructed justice when he fired Comey.

With Mueller’s strongest defender out of the way and Barr installed as attorney general, Trump may finally succeed in firing Mueller and shutting down an investigation that has produced nearly three dozen criminal indictments or guilty pleas and multiple convictions.

The U.S. intelligence community concluded that Russian President Vladimir Putin ordered a campaign to "undermine the U.S.-led liberal democratic order" and "public faith in the U.S. democratic process" with a "clear preference for President-elect Trump."

Mueller's investigation of those attacks must be allowed to continue, following the evidence wherever it leads. The American people are entitled to answers and accountability. A bipartisan group of senators is reintroducing legislation to protect the Mueller investigation — legislation that Senate Majority Leader Mitch McConnell blocked last year. Americans are closely watching how Congress will respond to the pending threats to the Mueller investigation with Barr's nomination and Rosenstein's departure.

With the 2020 presidential election on the horizon, we must put country before party to hold accountable those who undermined the 2016 election and to protect the integrity of our future elections. No less than our democracy is at stake.

Paul Seamus Ryan is the vice president of policy and litigation for Common Cause. You can follow him on Twitter: @ThePaulSRyan.

What others are saying

Rep. Ted Lieu, D-Calif., Twitter: "Thank you Rod Rosenstein for appointing special counsel Robert Mueller, for protecting his independence, and for holding onto your job until those who are not in the president's party gained control of congressional subpoena power. History will remember you well."

Andrew Prokop, Vox: "Ordinarily, Jeff Sessions’s departure would mean Rosenstein would become acting attorney general to replace him. But President Donald Trump used an obscure law to bypass the Justice Department’s line of succession and install Matt Whitaker in the post. Whitaker was Sessions’ chief of staff, but the White House viewed him as loyal because of his past public criticisms of Mueller. What’s happened since has remained mysterious. Whitaker announced he would not recuse himself from overseeing the Mueller probe. But from what we can tell, the Mueller probe appears to be continuing."

Sen. Tim Kaine, D-Va., CNN: "William Barr was sending freelance memos to the Trump administration making a case to undercut the Mueller investigation. So the deep concern will be if he comes in and Rosenstein is gone, is this just a preface to either undercutting the investigation or trying to keep the results of it hidden from the American public?"

What our readers are saying

In William Barr, the Justice Department finally has a strong leader that will make the decisions — something it didn't have with Rod Rosenstein. Rosenstein knows he's now powerless and his role now will be as chief coffee maker — his time has passed.

— Barry VanTrees

Another President Donald Trump appointee who has had enough. I understand that the shop that makes office nameplates for Trump appointees can't keep up.

— Walt Stasinski

One step closer to Trump having special counsel Robert Mueller fired. Trump is setting himself up for a constitutional confrontation if he does so. Rosenstein: another reputation tarnished or ruined by Trump.

— Joe Doerger

Good news. Nothing will prevent or even delay Rosenstein from explaining everything to the House intelligence Committee's ranking member, Rep. Adam Schiff, D-Calif.

— Lawrence Berg

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