Come for the politics, stay for the snark.

It’s easy to sit in safety and prescribe what other people should be doing.

When we show up, we win.

Marge, god is saying you’re stupid.

Trump’s cabinet: like a magic 8 ball that only gives wrong answers.

Nancy smash is sick of your bullshit.

If you still can’t see these things even now, maybe politics isn’t your forte and you should stop writing about it.

“Alexa, change the president.”

Never entrust democracy to any process that requires republicans to act in good faith.

People are complicated. Love is not.

One way or another, he’s a liar.

Hey hey, RFK, how many kids did you kill today?

There are a lot more evil idiots than evil geniuses.

Too often we hand the biggest microphones to the cynics and the critics who delight in declaring failure.

Baby steps, because the Republican Party is full of angry babies.

Dear media: perhaps we ought to let Donald Trump speak for himself!

fuckem (in honor of the late great efgoldman)

Authoritarian republicans are opposed to freedom for the rest of us.

Their freedom requires your slavery.

When your entire life is steeped in white supremacy, equality feels like discrimination.

One lie, alone, tears the fabric of reality.

I see no possible difficulties whatsoever with this fool-proof plan.

How stupid are these people?

GOP baffled that ‘we don’t care if you die’ is not a winning slogan.

When someone says they “love freedom”, rest assured they don’t mean yours.

You are here: Home / Politics / America / Rosenstein Update

Rosenstein Update

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Not to step on Dave’s post, but this is a fast moving story. Here’s the most recent reporting:

What does this exactly mean? Here’s a quick explainer on the Vacancy Act that Steve Vladek at Lawfare did when VA Secretary Shuklin was either fired (according to Shulkin) or resigned (according to the White House):

One of the obscure federal statutes that has come to prominence in the Trump administration is the Federal Vacancies Reform Act of 1998 (FVRA), a statute designed to increase the president’s flexibility with respect to filling vacancies within the executive branch on a temporary basis. Most discussion of the FVRA has centered on the Justice Department, and whether President Trump could use the statute to replace Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, or both, with someone from outside of the Justice Department. But the real action with the FVRA has largely involved the Department of Veterans Affairs—with respect to which the White House has now completely bungled matters, twice.

Let’s start at the beginning: When a federal office becomes vacant, the default is usually that the “first assistant” to that office is entitled to exercise the functions of the office (but does not formally ascend to the office) on a temporary, or “acting,” basis. But both because numerous positions don’t have obvious “first assistants” and because sometimes there’s no one holding that position, either, Congress in 1998 sought to provide a bit more flexibility to the president when filling many—if not most—vacancies in federal offices.

Thus, as the FVRA provides, when an executive branch officer whose position requires Senate confirmation “dies, resigns, or is otherwise unable to perform the functions and duties of the office,” the default is still the “first assistant,” but the president can override that default—and choose any other executive branch officer holding a Senate-confirmed position, or some senior, non-Senate-confirmed officers from the relevant agency, to exercise the functions of the office for no more than 210 days. The two big questions that the FVRA raises but does not answer are whether (1) it overrides all agency-specific succession statutes, such that the FVRA process is always available; and (2) even if it does, whether it applies when the vacancy is created by the president—i.e., when the prior permanent officeholder is fired, rather than dies or resigns.

The former question is hypertechnical. (With regard to the Justice Department, at least, the Office of Legal Counsel has concluded that it can be used in lieu of the more specific DOJ succession statute.) The latter question is much more important—and much less clear. Although the text of the statute could be read to encompass allvacancies (and at least one senator said on the floor that it would apply to firings), there are strong prudential and contextual arguments militating in the other direction—including that the purpose of the FVRA is to give the president flexibility to deal with unexpected vacancies, not to create vacancies himself and then sidestep existing succession schemes. Indeed, if the answer to both questions is “yes,” then the president would have the power not only to create vacancies in every executive branch office, but to fill them on a temporary basis with individuals who were never confirmed by the Senate either to that specific position, or, in some cases, at all. It’s easy to see, then, why the FVRA has loomed large in the repeated rumors over succession at the Department of Justice.

But for all of the focus on the Justice Department, the real flashpoint for the FVRA lately has been the Veterans Affairs Department (with an honorable mention to the Consumer Financial Protection Bureau). In late March, President Trump fired the VA Secretary, David Shulkin, and named a Pentagon undersecretary, Robert Wilkie, to serve as acting secretary under the FVRA. (The VA has its own succession statute, but that statute expressly incorporates other authorities.) Thus, Wilkie raised the big FVRA question: Does it apply when the vacancy is created by the president firing the incumbent? (Veterans’ groups brought a lawsuit arguing that the answer was no.)

Shortly after Shulkin was fired, however, the White House began arguing—loudly—that Shulkin had not been fired, but that instead, he had resigned. The only reason why this could have mattered is the FVRA: If the statute does not apply to vacancies created by the president, then Wilkie could not have been named to serve as acting VA secretary—and any actions he undertook in his capacity as acting VA secretary were subject to legal challenge. Thus, the White House, at least, seemed wary of the second FVRA question. (President Trump also ran into a different statutory problemwhen he nominated Rear Adm. Ronny Jackson, the White House doctor, to hold the position on a permanent basis, but that issue was mooted by Jackson’s withdrawal.)

This brings us to the latest VA-based FVRA kerfuffle: Last Friday, President Trump surprised everyone (including the putative acting secretary) by announcing at a public event that he was nominating Wilkie to hold the position of VA secretary on a permanent basis. Small problem: The FVRA expressly prohibits such a move. Although the FVRA allows lots of folks to hold an office on an acting basis, one of the few exceptions is an individual who has not been the “first assistant” to the office for at least 90 days who is then nominated by the president to hold the office permanently. Put another way, Wilkie’s formal nomination, by dint of the FVRA, disqualifies him from continuing to serve as acting secretary. This is not an open question about the FVRA; it’s compelled by the plain text.

Wholly apart from what this whole mess says about how seriously the Trump administration takes the VA (which is to say, not), it also suggests two important, related points about the FVRA: First, the White House is at least outwardly wary of the open question concerning its application in cases in which the vacancy is created by firing. It might therefore be a bit gun-shy about relying on the FVRA in a higher-profile case going forward. Second, the White House (or, at least, the president) doesn’t seem to fully understand the FVRA—as evidenced by the Wilkie mess. Neither of these conclusions is earth-shattering, of course. But both could be important markers for the vacancy fights to come.

This is going to be an ongoing, fast moving story. Expect it to change several times over the next few hours until all the details are nailed down. And then expect that regardless of those actual details, the White House will claim that Rosenstein resigned, so they can just use the Vacancy Act to slide someone already approved by the Senate into the position. They’ve done this several times now – at VA and the Consumer Financial Protection Bureau – to circumvent the rules.

I think it is also important to note that once again the President is trying to fire or force out by pressuring a senior appointee to resign and he can’t bring himself to actually do it. He either has someone else do it, as was the case with Comey and now, potentially, Rosenstein or he does it by passive-aggressive tweet.

Update at 12:15 PM EDT

Here’s what I think happened, someone called up Jonathon Swan at Axios, and leaked that Rosenstein was resigning, in order to create a fait accompli by boxing in the President Swan, like The New York Times‘ reporters on Friday, appears to have been manipulated and used by their sources for those sources’ own interests.

We are off the glass and through the map.

Happy infrastructure week!!!

Open thread.

Reader Interactions

151Comments

  3. 3.

    trollhattan

    1. Why didn’t they do this months ago?
    2. Is it a desperate ploy to get Judge Rapey McRapestein out of the headlines? (good luck with that)

  4. 4.

    Betty Cracker

    Another network is reporting that Pence’s motorcade is heading to the White House and speculating that he will do the actual firing, since the “You’re Fired” guy is a big fucking chickenshit.

  10. 10.

    debit

    No one answered my question below. If we retake the House, can we appointment Mueller to resume his investigation?

  11. 11.

    Jerzy Russian

    @Betty Cracker:

    Another network is reporting that Pence’s motorcade is heading to the White House and speculating that he will do the actual firing, since the “You’re Fired” guy is a big fucking chickenshit.

    I am not deeply familiar with practices in the executive branch, but does someone need to actually say “you’re fired” in order to terminate someone? That being said, I would not be surprised if Pence fucks this up somehow and blurts out “you’re hired!” when he sees Rosenstein.

  15. 15.

    Adam L Silverman

    @Kayla Rudbek: He has as much or as little authority as the President gives him. His only formal authority is to preside over the Senate for certain ceremonial events, break ties in the Senate, and be prepared to assume the presidency should the President resign, die, or become otherwise incapable of fulfilling his duties.

  16. 16.

    Jerzy Russian

    @debit:

    No one answered my question below. If we retake the House, can we appointment Mueller to resume his investigation?

    I suppose Mueller could be hired by one or more various congressional committees. Although I believe I have a good understanding of the Law from watching all of those Perry Mason and Matlock shows, I am not actually a lawyer, so take my supposition accordingly.

  17. 17.

    Ohio Mom

    I had awful dreams last night, woke up confused about whether the bad things in my dreams had happened or not, spent the first part of the morning trying to convince myself that they were merely dreams and not some sort of ESP-fueled prophecy.

    I keep telling myself that despite today’s gloomy weather, stuff is the same as yesterday, which was a pretty average day in Ohio Family world.

    Opening up BJ and reading these first few posts is not helping the logical part of my psyche win this argument.

  22. 22.

    Adam L Silverman

    @debit: The House Permanent Select Committee on Intelligence and/or the House Oversight Committee could hire him and his staff as their investigative counsel, but the difference here is that referrals to the DOJ for prosecution would be considered advisory, rather than Mueller being able to bring charges directly.

  23. 23.

    Adam L Silverman

    @Jerzy Russian: If the President has determined that a Senate confirmed appointee is to be terminated, then he can authorize the Chief of Staff to terminate him or her. Anyone working on the White House staff can be terminated by the Chief of Staff as he runs the place. Hence terminating Scaramucci before his start day, getting rid of Gorka and Bannon and Omorasso, etc.

  28. 28.

    Matt McIrvin

    Mueller was probably going to be quiet from here to election day– best strategy for the Republicans would have been for Trump to do nothing. But he just can’t help himself.

  31. 31.

    Adam L Silverman

    @Major Major Major Major: He’d have subpoena power through the chair of the committee or delegated to him by the committee chair. As to his evidence, that belongs to the DOJ. That said, my understanding at this point is that the Special Counsel has prepared for all contingencies. He’s farmed stuff out to the Southern District of New York. He’s read the NY state Attorney General onto what he’s doing. I would similarly expect he’s got stuff ready to be farmed out to the Eastern District of Virginia and to the DC Federal District, as well as reading on the Maryland, VA, and DC attorneys general. And I would expect he’s got a bunch of sealed indictments filed and ready to be quickly unsealed and announced if he needs to do so in a hurry.

  33. 33.

    ??? Goku (aka Amerikan Baka)  ??

    He can’t possibly think getting Rosenstein to resign, installing his crony, and firing Mueller less than two months before the midterms is a great move. This will only end badly.

  34. 34.

    Cheryl Rofer

  36. 36.

    Anderj

    @Adam L Silverman: Adam, both Vladeck link and Marty Lederman link on Twitter have set out that the Vacanties Act is irrelevant as to who will oversee the Russia investigation if Rosenstein resigns or is fired. That will be Sollicitor General Noel Fransisco (assuming he does not recuse himself)

  38. 38.

    Cheryl Rofer

    There’s a bunch of lawyering going on in my Twitter TL about who would take over for Rosenstein. I’m gonna wait until it shakes out some more.

    Also, my modem is being temperamental.

  39. 39.

    The Dangerman

    @AThornton:

    Wonder if McConnell told Trump Kavanaugh wasn’t happening and little hands panicked.

    Had to knock Kavanaugh off the front page somehow; options were War (messy), whip little (!) Donnie and the Yeti Pubes out and wave to the crowd (really messy), or fire someone. Shitty way to wake up on the West Coast. Couldn’t he let the caffeine kick in?

    I don’t think Mueller will wait much longer.

  45. 45.

    Anderj

    @Cheryl Rofer: Agreed. I went to my go to resources, but regardless Adam referred to Vladeck regarding the Vacancy Act, without noting that according to Vladeck himself the Vancancy Act is not all that relevant.

  46. 46.

    sherparick

    It should be noted that the President himself is in New York this week for the U.N. Meeting So if Rosenstein is being fired, then Kelly or someone else is doing it. This is at the same time the Kavanaugh nomination is being considered.

    Finally, people wonder why Republican politicians, even Republican “critics” such as Sasse and Flake and Coker continue to vote for Trump’s nominees, particularly Supreme Court nominees. Right now a Republican politician needs three bases of support: 1) the local Republican network of car dealers, bankers, doctors, etc. in his or her particular district; 2) the Right Wing Political Evangelical wing that can reach the pastors of the local Pentecostal, Baptist, and “Churches of Christ” network; and 3) the Right-Wing Donor Complex (about 150 families – Murdoch, Kochs, Ricketts, Mercers, Adelson, etc.) and Right Wing Infotainment Industrial Complex closely linked to and created by the Donor Complex. Now 1 and 3 will probably forgive occasional Trump criticism, as long as you vote right wingers onto the court. But if you don’t for the Kavanaugh’s of the world, you have no future in the right-wing infotainment industrial and grifthing complex or financial support if you want to run for office again.

  53. 53.

    Anderj

    @Adam L Silverman: Whether or not Noel Fransisco recuses from overseeing the Russia investigation is relevant, but only assuming that the Vancancy Act is not (otherwise overseeing the Russian investigation would fall on the new acting AG appointed by Trump bypassing the Senate)

    [Why do I even know these things? I am not even American or live over there?!]

  54. 54.

    Martin

    @Adam L Silverman:
    A) Does anyone think that waiver wouldn’t be signed?
    B) Does anyone think the DOJ or Trump give a shit if they’re breaking an executive order given every other fucking law that they’ve rolled over?

    At this point, nobody should be shocked if Francisco takes over the investigation, fires Mueller, and hires Kavanaugh.

  55. 55.

    Cheryl Rofer


    There’s a lot of official silence right now. I just cleaned the birdbaths, came back, got my modem going again, and no official word on Rosenstein.

    I’m gonna fill the birdfeeders now and maybe the hummingbirdfeeders too.

  58. 58.

    Cheryl Rofer

    Looks like a fourth Kavanaugh accuser has surfaced.

    I’m envisioning Trump at the UN, raving about how he had to fire Rosenstein and insisting that his friend Vova wanted it this way. Also the responses. ?

  59. 59.

    Cheryl Rofer

    This would be a relief.


    Yes, I know, feed the birds.

  60. 60.

    Sister Rail Gun of Warm Humanitarianism

    @Adam L Silverman: Not only is the link is very, very slow, but I could only get it to load in a clean browser. Block any of the dozens of javascripts, and the page just won’t load.

    Now I gotta run antivirus scans.

  61. 61.

    Adam L Silverman

    @chris: Thanks. Had to open it in another browser. Not sure why Chrome didn’t like it. If this person in Maryland files charges, then this is going to get really interesting, really fast.

  62. 62.

    Elizabelle

    @Adam L Silverman: That’s a horrible headline.

    Chief Hall fires Amber Guyger is more on point. Is that the headline they roll out for all the police officer terminations? Make sure you get the Chief’s first initial and accent mark correct. Because this story is all about the Chief? LOL.

  63. 63.

    Bruce K

    I think the only thing that we can definitively say at this point is that collectively, we don’t know what the hell’s happening.

    Pete Williams is now suggesting that this meeting at the White House could be a clearing of the air and Rosenstein may keep his job.— Josh Dorner (@JoshDorner) September 24, 2018

  64. 64.

    Adam L Silverman

    @Anderj:

    Why do I even know these things? I am not even American or live over there?!

    It’s all going towards credits for your Balloon Juice bachelors degree in American politics! Make sure to give the instructors nice reviews at the end of the term.

  66. 66.

    Spanky

    Just FYI, this is the WaPo headline, Bolding is mine:

    Rod Rosenstein, who has been overseeing Russia probe, has offered to resign, according to White House officials

  67. 67.

    Adam L Silverman

    @Martin: I expect them to do what they always do: the stupidest, most politically damaging thing they could do. And to then dig in, stick their fingers in their ears, and scream “I can’t hear you” when the blowback starts.

  68. 68.

    Brachiator

    @Martin:

    I think you’re suggesting strategy, when this is most likely tactics to take the headlines off of Kavanaugh in some kind of misguided thinking that he’ll get confirmed in the noise. Trump doesn’t think nearly that far ahead.

    Trump is actually pretty good at one thing, protecting Trump.

    If Rosenstein is fired, Trump will go forth and proclaim at one of his rallies that he is rooting out his (and America’s) enemies in the FBI, and also, too, this is why people must come out and vote Republican in the mid-terms.

    He doesn’t care about pushing the Supreme Court nominee scandal out of the headlines. Trump owns the headlines. And he owns Twitter. Hell, you got some people here convinced that Trump owns the NY Times.

    BTW, I am not suggesting that Trump planned any of this. He is not that smart. But he has a keen instinct for taking advantage of events, and fitting them into the simple story that he has been repeating since he began running for president: only he can make America great again, and anyone who opposes him is an enemy of the people.

  72. 72.

    Mary G

    Ugh, I just woke up and shit is exploding everywhere? I expected that Twitler would be stewing in his juices all weekend and fire someone this morning, but I was hoping it was Sessions, even though I knew it would be Rosenstein because of the “I need loyalty” doctrine. The FTFNYT has so much blood on its hands, all the way back to Kaiser Wilhelm or whenever the paper was founded.

  73. 73.

    trollhattan

    @Cheryl Rofer:
    Wouldn’t it be an interesting outcome if the Kavanaugh nom ends up educating victims in those states with no statue of limitations for sexual assault, resulting in a flood of complaints?

  75. 75.

    Adam L Silverman

    @Cheryl Rofer: I figured that was what was going on when I saw the first report he was headed to the White House. My guess is that everyone’s favorite anonymous “senior administration official (cough-the President-cough) called up Jonathon Swan at Axios and tried to create a self fulfilling prophecy.

  76. 76.

    Bruce K

    Maybe it’s a setup so that Trump can say he talked Rosenstein into keeping the job, despite the millions of people who wanted him (Rosenstein, not Trump) fired and turned into hamburger?

    Similar to how he claimed that it was to his credit that the Obama birth certificate issue was forced into the open and cleared away?

  77. 77.

    Betty Cracker

    I’m calling for a complete and total shutdown of the Trump administration until we find out what the hell is going on.

  78. 78.

    Brachiator

    @Adam L Silverman:

    I expect them to do what they always do: the stupidest, most politically damaging thing they could do. And to then dig in, stick their fingers in their ears, and scream “I can’t hear you” when the blowback starts.

    Until we get through the midterms, we won’t know how politically damaging any of this has been. Yeah, a lot of people say they are upset and disgusted, but the question is, are they disgusted enough to vote?

    The GOP leadership also clearly believes that as long as they can hang onto a slim majority in Congress, they can get what they want, even if more and more people are against them.

  83. 83.

    Adam L Silverman

    @Spanky: I just put an update up top, but that’s not surprising. Most likely when he spoke with Kelly over the weekend to try to clear the air on this, in an attempt to show his earnestness, he offered a pro forma resignation. Had it been accepted, it would have been accepted then and reported at the time. We’ve got a bunch of reporters covering politics, especially national politics and the executive branch, who either don’t have any idea how anything actually works or are playing dumb to drive traffic to their reporting.

  84. 84.

    ??? Goku (aka Amerikan Baka)  ??

    @Brachiator:

    The GOP leadership also clearly believes that as long as they can hang onto a slim majority in Congress, they can get what they want, even if more and more people are against them.

    That will only work until the mobs come for them

  85. 85.

    Elizabelle

    @Spanky: Yeah. The WaPost’s headline is egregiously misleading.

    “White House sources say Rosenstein may resign” is more like it.

    I don’t know why anyone should believe anything that comes out of this White House without a lot of on the record and evidence for confirmation.

  86. 86.

    Mary G

    It never rains but it pours

    Case of #Ebola in Tchioma #DRC raises concern about further spread:1. This is a newly affected area2. It is in an area which borders Uganda3. The person actively avoided our teams and refused careMultidisciplinary team travelled Sunday, arrived today to set up response.— Peter Salama (@PeteSalama) September 24, 2018

    :

  87. 87.

    debit

    @Bruce K: Did you ever see “How To Steal a Million”? I feel like this is the part of the movie where Peter O’Toole has sent the boomerang through the sensors so many times that the guards don’t even bother getting up as the alarms go off again. After another couple of false alarms they probably expect people to just shrug. “Oh, another report that Rosenstein has been fired? Yawn.”

  88. 88.

    Adam L Silverman

    @PJ: Same anonymous senior officials who were the sources for the NY Times story on Friday. That didn’t get the job done, so they had to take another shot. And they picked Axios and Swan because they’ll print anything based on access.

  91. 91.

    WaterGirl

    @chris: I just had to be patient, and it finally opened. Poor little server for that paper has probably never worked that hard before.

  92. 92.

    [email protected]

    AP had a report yesterday Trump polled his staff to ask if he should fire Rosenstein. The decision was no. All this stuff could be leaks by someone(s) thinking Rosenstein should be fired and are trying to amp-up the pressure through their tame journalists. This could be the same someone(s) spreading the story about Rosenstein in the first place. If I cared I’d take a hard look at the writer at the NYT to see what previous stories had been filed to see if there is a common thread. I’d also, if I cared, look at the various communication channels used to disseminate the unsubstantiated (AFAIK) charges about Rosenstein taping Trump’s conversations which started this whole she-bang.

    The goal in this, as I see it, is ending the Mueller investigation, most likely by someone whose ass is on the line.

  93. 93.

    Brachiator

    @??? Goku (aka Amerikan Baka)  ??:

    The GOP leadership also clearly believes that as long as they can hang onto a slim majority in Congress, they can get what they want, even if more and more people are against them.

    That will only work until the mobs come for them

    There won’t be any mobs coming for the GOP. Nice fantasy, though.

  94. 94.

    ??? Goku (aka Amerikan Baka)  ??

    @Martin:
    I don’t think Trump has a coherent strategy to be clear. I’m just shocked that he would try something like this. Apparently, hopefully, this is looking to be a false alarm

  96. 96.

    WaterGirl

    @James E Powell: I had to Google because I couldn’t remember. DefCon 1 is the most severe, not 5 as one might think.

    My own personal rating has now been downgraded from I feel sick about this to I feel sick about this, but I may no longer actually throw up.

  97. 97.

    AThornton

    I have no idea why my fingers insist on adding @gmail.com to my Name. Especially since it’s not my email addy.

  98. 98.

    Mike in DC

    Provided the whole thing isn’t shut down during the lame duck session, Congress can pass legislation protecting Mueller next year, particularly if the Dems retake the Senate too. They can nudge a few “moderate” Repubs to vote a bill forward. Trump can veto, but that’s yet another piece of evidence for obstruction.

  100. 100.

    ??? Goku (aka Amerikan Baka)  ??

    @Brachiator: I’m sure 30-40 years ago nobody thought the GOP would nominate a guy with as many skeletons in his closet like Kavanaugh and then try to ruthlessly ram him through knowing he had all of these problems. Or that a man such as Trump would ever be president. Times change and very few things are truly impossible.

    Also, this isn’t so much a fantasy as a warning of an event that I hope never has to occur.

  101. 101.

    Mainmata

    @Betty Cracker: Of course, the Veep can’t fire any Cabinet level person since they serve at the pleasure of the President. If he did try to do so, Rosenstein could simply tell him to feck off.

  103. 103.

    pat

    @WaterGirl:

    My own personal rating has now been downgraded from I feel sick about this to I feel sick about this, but I may no longer actually throw up.

    Wow, my feelings exactly!

  104. 104.

    Ohio Mom

    I’m a smidgen more awake and alert. I can’t fathom why Rosenstein would offer to resign instead of essentially daring Trump to fire him. Because it would look better on his resume? /s

    This morning now feels to me like when one of your most loved persons is in surgery. You know that there is nothing you can do but wait and it’s agonizing.

  105. 105.

    Enhanced Voting Techniques

    @trollhattan: Why did they bring up Judge McRapestien for SCOTUS in the first place knowing he is Judge McRapestien with a minor in Flashing, Non-Consensual Butt Sex and Gambling? There is only one logical answer, these people are damn idiots.

  108. 108.

    The Dangerman

    @Jeffro:

    …trying to see what happens if they *do* fire RR.

    Cat4 Shitstorm (Cat5 is only if they do Mueller) might have caused them to back off.

    Me, I’m just saying “Green Balloons” until my second cup.

  110. 110.

    SFAW

    Swan, like The New York Times‘ reporters on Friday, appears to have been manipulated and used by their sources for those sources’ own interests.

    Fortunately, I had my nitro pills near at hand, because the shock was so great from that comment, I thought “This is the Big One! You hear that, Elizabeth?”

    Or maybe I was going to collect my winnings?

  111. 111.

    MisterForkbeard

    @Major Major Major Major: Oooooh. Are you planning on doing anything dramatic and burning some bridges, or is this a nice respectful “I decided to move on to different opportunities in a place where I can sort of afford to live” resignation?

    Either way, don’t worry about it too much.

  112. 112.

    dmsilev

    @Enhanced Voting Techniques: They might not have known, since they’re not exactly famous for being detail-oriented people. And then once facts became known and victims started coming forward (we’re up to three or four now), it was too late.

  118. 118.

    cain

    @Adam L Silverman:

    @Major Major Major Major: He’d have subpoena power through the chair of the committee or delegated to him by the committee chair. As to his evidence, that belongs to the DOJ. That said, my understanding at this point is that the Special Counsel has prepared for all contingencies. He’s farmed stuff out to the Southern District of New York. He’s read the NY state Attorney General onto what he’s doing. I would similarly expect he’s got stuff ready to be farmed out to the Eastern District of Virginia and to the DC Federal District, as well as reading on the Maryland, VA, and DC attorneys general. And I would expect he’s got a bunch of sealed indictments filed and ready to be quickly unsealed and announced if he needs to do so in a hurry.

    He’s probably also told the white house what he’s doing as well. Basically, if they stop the investigation instead of one front, it will be several fronts and they will have absolutely no influence or leverage. Plus those guys will go after the white house with a vengeance. You can also assume that he’ll join the investigatioins and continue to spearhead it.

  122. 122.

    piratedan

    pretty much at the point that until I see Rosenstein standing in front of a microphone and stating that he has either resigned or has been fired its all pretty much speculative bullshit. “WH sources” that could be from any number of the infighting factions over there all have their own agendas and spin and the various and sundry media mouthpieces that they use will repeat verbatim what they are told with little corroborative work, they’re fucking stenographers and not journalists….

  123. 123.

    Enhanced Voting Techniques

    @dmsilev: The had that list of women ready to vouch for Judge McRapestien ready with amazing quickness. after the Ford letter came out, they knew.

  125. 125.

    Bruuuuce

    @Adam L Silverman: Given that El Jefe did significant business in Atlantic City and the nature of that business and his associates there, I would add the NJ AG to the list of likely offices with which Mr. Mueller has shared information.

  128. 128.

    WaterGirl

    @Major Major Major Major: oh, yikes! I would be nervous about that, too. How much notice are you giving them? Any concern that they might be assholes and say “okay, now works” on the spot?

    I hope not, but if so, you are well rid of them.

  130. 130.

    Enhanced Voting Techniques

    @PJ: Maybe, but I think even under GW they would have done their homework better and found a better judge. One likes to think serial rapists are uncommon even among conservatives. that is unless the changing times means only the drunken, morally depraved perverts are what’s left.

  132. 132.

    Frankensteinbeck

    @Adam L Silverman:
    Trump’s Razor extends to his staff. Let’s be frank: Kelly is the only person in the White House who can find his ass with both hands, and that’s because he keeps his head there. I guess maybe Sessions is not a total incompetent. These leaks happened because pissy assholes said what they wish was true to their reporter buddies, not as part of any strategy. Hell, there probably are total lies circling around the White House staff on many topics that started from that same process.

  133. 133.

    artem1s

    and be prepared to assume the presidency should the President resign, die, or become otherwise incapable of fulfilling his duties.

    someone get on Twitter stat and suggest that Dolt giving Pence the order to do the firing for him is in effect an admission he can’t execute the duties of the office himself. Invoking the 25th in other words.
    I’d do it but the big asshole blocked me ages ago when I kept referring to President Bannon.

  139. 139.

    ??? Goku (aka Amerikan Baka)  ??

    @Enhanced Voting Techniques:
    Haven’t a lot of actual moderates been crowded out in the last 15 years? They probably would have been better at this and not even considered this guy in the first place. That being said, I do think this particular moment (#MeToo) is hamstringing them because they’re a bunch of reactionary dinosaurs who haven’t caught up to the changing culture as well. They know enough about the optics, for example, to have a female operative do the questioning, however.

  142. 142.

    TenguPhule

    @trollhattan:

    1. Why didn’t they do this months ago?

    Months ago it wasn’t completely clear that millions of Republicans would gladly kill all the liberals just to spite them.

  144. 144.

    Enhanced Voting Techniques

    @??? Goku (aka Amerikan Baka)  ??: That’s what I am wondering, has the Conservative movement gone full Jacobin with the double speak and purity tests and the only way to be one now is to be a total fraud. Which case the next D congress is going to be doing a lot of impeachments of this year’s Federal judicial appointees.

  145. 145.

    MisterForkbeard

    @Major Major Major Major: As much as I was joking – this. Doing the big dramatic “fuck you” exit SOUNDS fun, but it’s very career limiting. Also, you’re just being a dick. :)

    Let us know how it goes!

  147. 147.

    Gravenstone

    @??? Goku (aka Amerikan Baka)  ??: 30-40 years ago, there were probably plenty of these sorts of skeletons in people’s closets, The difference being, 30-40 years ago these revelations would have been met with sheer indifference, ya know like the Republicans are trying to push through today with the ;boys will be boys’ excuse making.

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