Benjamin Wittes on Lawfare is profoundly unhappy with Deputy Attorney General Rod Rosenstein’s letter concerning former FBI Director James Comey:
I was profoundly wrong about Rosenstein.
Rosenstein’s memo in support of Comey’s firing is a shocking document. The more I think about it, the worse it gets. I have tried six ways from Sunday to put an honorable construction on it. But in the end, I just cannot find one. The memo is a press release to justify an unsavory use of presidential power. It is also a profoundly unfair document. And it’s gutless too. Because at the end of the day, the memo greases the wheels for Comey’s removal without ever explicitly urging it—thus allowing its author to claim that he did something less than recommend the firing, while in fact providing the fig leaf for it.
In other words, Rosenstein’s actual role was even less honorable than the one he reportedly objected to the White House’s tagging him with. If the original story that Rosenstein’s recommendation drove the train had been true, after all, that at least would involve his giving his independent judgment. But the truth that Trump told is far worse than the lie Rosenstein insisted the White House correct. Rosenstein was tasked to provide a pretext, and he did just that.
Ben has definite opinions on how those involved in national security should act, their behavioral norms, and why. I think he should be a resource to the Administration, because it’s clear that the President and most of his appointees are not well-versed in how Government differs from the private sector, and how those differences require different ethical sets (and thus the existence of an Office of Ethics, which is apparently ignored).
That said, Ben’s bewilderment (if you read between the lines) over the Deputy AG’s behavior suggests Rosenstein may have chosen to sacrifice his knight (Comey) and stay in the game in order to possibly prevent greater damage at a later time. If he knew Comey was already finished, and that Trump could not be dissuaded, he may have laid down his honor at this time in order to pick it back up at a more effectual moment – perhaps to leak important information.
Who knows – maybe Deputy AG Rosenstein will have the honor of actually placing handcuffs on Trump and his associates. Yeah, it’s a fantasy. Gotta have them from time to time.
