Mueller team questions deputy AG amid probe of Comey firing

AP News
Posted: Sep 20, 2017 4:04 PM
Mueller team questions deputy AG amid probe of Comey firing

WASHINGTON (AP) — Special counsel Robert Mueller's office has questioned Deputy Attorney General Rod Rosenstein as it probes the firing of former FBI Director James Comey, people familiar with the matter told The Associated Press on Tuesday.

It is not clear exactly when the conversation took place, or how long it lasted, but Rosenstein is relevant to Mueller's investigation because he authored a memorandum in May that the White House initially held up as justification for Comey's firing.

The fact that Mueller's team would speak with Rosenstein is not surprising given his direct involvement in Trump administration conversations that preceded the May 9 ouster and the evolving White House explanations of it.

But the questioning is nonetheless an indication of investigators' continued interest in the circumstances surrounding Comey's ouster, and whether it constituted an effort to obstruct an investigation into potential coordination between Russia and the Trump campaign. Mueller's team of investigators is expected to interview current and former White House aides in coming weeks as part of that investigation, according to people familiar with the matter.

The people who discussed the conversation with Rosenstein, first reported by The Wall Street Journal, spoke on condition of anonymity to discuss an ongoing investigation. Mueller's team of investigators reports to Rosenstein, who oversaw the Justice Department's Russia investigation following the recusal of Attorney General Jeff Sessions.

Rosenstein told The Associated Press in June that he would recuse from oversight of Mueller's investigation if necessary and warranted, though he has not done so as of Tuesday and it was not clear when or if he intended to.

"As the Deputy Attorney General has said numerous times, if there comes a time when he needs to recuse, he will," the Justice Department said in a statement Tuesday night.

Rosenstein appointed Mueller as special counsel one week after Comey's firing, and one day after it was revealed that Comey had alleged in an internal memo that President Donald Trump had asked him to end an investigation into former national security adviser Michael Flynn.

The White House initially explained Comey's firing by saying Trump was acting on the recommendation of Rosenstein, who wrote a scathing memo about Comey's handling of the Hillary Clinton email investigation.

But that narrative was muddled days later when Trump, in a television interview, said he would have fired Comey regardless of the Justice Department's recommendation. It was revealed earlier this month that Trump and aide Stephen Miller had drafted, but not sent, an earlier memo that sought to justify Comey's firing. That document is now in Mueller's possession.

Rosenstein has said he stands by the memo and his assessment that Comey mishandled the Clinton email investigation by publicly announcing the FBI's findings instead of ceding that authority to the Justice Department. But he has also said he did not intend for his memo to be used as a justification for firing.

In a June interview with the AP, Rosenstein said he understood his involvement in Comey's firing could lead him to eventually step aside from overseeing Mueller's work.

"I've talked with Director Mueller about this," Rosenstein said. "He's going to make the appropriate decisions, and if anything that I did winds up being relevant to his investigation then, as Director Mueller and I discussed, if there's a need from me to recuse, I will."

In addition to Mueller, several congressional committees are investigating Russia's interference in the 2016 presidential election and any possible coordination with Trump associates. On Wednesday, the chairman of one of those committees indicated he may not issue a second subpoena for former Trump campaign chairman Paul Manafort.

Senate Judiciary Chairman Chuck Grassley, R-Iowa, said Wednesday that he hasn't had any luck getting ahold of Manafort's lawyers, saying they have tried "for weeks and we don't get a phone call returned."

Manafort is one of several Trump campaign officials who attended a June 2016 meeting with Russians that was described in emails to Donald Trump Jr. as part of a Russian government effort to aid Trump's presidential bid.

"I don't know if it's worth issuing subpoenas when somebody's been indicted, if there's any value in that, if you'd get any outcome out of it," Grassley said, referring to news reports that Mueller's team had threatened Manafort with indictment.

Grassley and California Sen. Dianne Feinstein, the top Democrat on the panel, subpoenaed Manafort in July but rescinded the subpoena a day later when he agreed to turn over documents and continue negotiating about setting up an interview with the panel. Those negotiations have since stalled.

Grassley also said he's in the process of preparing subpoenas for two FBI officials close to Comey: Jim Rybicki and Carl Ghattas. But he said he still has to discuss the subpoenas with Feinstein, who has not yet said whether she will sign off on them. Feinstein has pushed for subpoenaing Manafort.


Associated Press writer Mary Clare Jalonick contributed to this report.


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