https://thehill.com/opinion/white-house/408250-rosenstein-guided-by-politics-not-a-pursuit-of-justice
The New York Times’s blockbuster report that Deputy Attorney General Rod Rosenstein broached the subject of seeking President Trump’s ouster cannot be separated from his appointment of a special counsel.
From the start of the Trump administration, politics has overwhelmed law enforcement. It was the political uproar stoked by the May 9, 2017, firing of FBI Director James Comey that induced Rosenstein to appoint a special counsel, Robert Mueller, to investigate President Trump. There was insufficient basis in law to do this. But that turned out to be of no more moment than the complete absence of any basis to remove the president under the 25th Amendment, the harebrained proposal the Times reports Rosenstein was floating at exactly the same time.
To be clear, the special counsel regulations require the existence of a factual basis for a criminal investigation — a crime — before a prosecutor is assigned. Moreover, a special counsel, who by regulation is recruited from outside the government, is not supposed to be assigned absent a Department of Justice (DOJ) conflict of interest so profound that the department is ethically barred from investigating the crime in question.
Deputy Attorney General Rosenstein could satisfy neither of these conditions. To this day, he has never specified a crime the president is suspected of committing. And there is no conflict; Mueller not only recruited prosecutors from the Justice Department, he has transitioned the two Russia indictments he’s brought to Justice Department components.
Both of these actions would be improper if there were an actual conflict. But, of course, there isn’t one because, again, Rosenstein has not specified a crime. It is the crime allegedly committed by a president that creates a conflict for the president’s Justice Department and calls for an outside prosecutor.