On Monday morning, Axios reported that Deputy Attorney General Rod Rosenstein had verbally resigned believing that he was going to be fired. Other sources say that Rosenstein is going to get fired and has not submitted his resignation.
Both reports suggest he’s out, but the difference in being fired verses having resigned could greatly affect the Russia investigation.
At issue is the Federal Vacancies Reform Act of 1998.
That law stipulates if a vacancy at a federal agency occurs because the official “dies, resigns, or is otherwise unable to perform the functions and duties of the office holder” then the president has broad authority over who the acting replacement will be. That’s all well and good if it turns out that Rosenstein did, in fact, resign. Then Trump is free to pick a new acting deputy AG. That person would supervise the investigation by special counsel Robert Mueller into Russian meddling in the 2016 election and related matters.
Here’s the issue: The vacancy law’s provision on appointment of acting officials, does not include the word “fired.” So can the president appoint an acting official to replace a fired official?
There’s no court precedent on this. So, maybe? Maybe not?
For Trump, that means that if he fires Rosenstein, then his authority to determine his successor is in question. If he fired Rosenstein and then appointed someone new anyway, that means that whoever that replacement is is in a precarious legal position and might lack the authority that Trump would want him to exercise.
Certainly, lawsuits would fly.
That not only sets the president up for further frustration, but also plunges the Russia probe into chaos.
