Its angry, meandering tone was problematic

About that letter that’s today’s boom, the one that Trump and Miller cobbled together on a rainy day at Bedminster to explain why Trump hates Comey and was going to fire him, and that is now in Mueller’s hands – apparently it looks bad for Rosenstein. It means he knew all along that Trump wanted to fire Comey because of the Russia investigation, and sheds a harsh light on his failure to recuse himself. I gather this from reading Benjamin Wittes on Twitter.

The Times:

The special counsel, Robert S. Mueller III, has obtained a letter drafted by President Trump and a top political aide that offered an unvarnished view of Mr. Trump’s thinking in the days before the president fired the F.B.I. director, James B. Comey.

The circumstances and reasons for the firing are believed to be a significant element of Mr. Mueller’s investigation, which includes whether Mr. Trump obstructed justice by firing Mr. Comey.

The letter, drafted in May, was met with opposition from Donald F. McGahn II, the White House counsel, who believed that its angry, meandering tone was problematic, according to interviews with a dozen administration officials and others briefed on the matter. Among Mr. McGahn’s concerns were references to private conversations the president had with Mr. Comey, including times when the F.B.I. director told Mr. Trump he was not under investigation in the F.B.I.’s continuing Russia inquiry.

Mr. McGahn successfully blocked the president from sending the letter — which Mr. Trump had composed with Stephen Miller, one of the president’s top political advisers — to Mr. Comey. But a copy was given to the deputy attorney general, Rod J. Rosenstein, who then drafted his own letter. Mr. Rosenstein’s letter was ultimately used as the Trump administration’s public rationale for Mr. Comey’s firing, which was that Mr. Comey had mishandled the investigation into Hillary Clinton’s private email server.

So that kind of means Rosenstein aided a deception – he crafted a bogus explanation for why Trump was firing Comey, and put it out there in his capacity as the acting Attorney General (since Sessions was recused). It was always a matter of speculation whether or not Rosenstein knew his letter was a smoke screen, and the fact that he saw the draft letter means he did know.

Mr. Rosenstein is overseeing Mr. Mueller’s investigation into Russian efforts to disrupt last year’s presidential election, as well as whether Mr. Trump obstructed justice.

He’s…overseeing it after having meddled in it, on behalf of the chief suspect. In his capacity as head of the Justice Department. Erm. That doesn’t look good.

Mr. Trump was angry that Mr. Comey had privately told him three times that he was not under investigation, yet would not clear his name publicly. Mr. Comey later confirmed in testimony to Congress in June that he had told the president that he was not under investigation, but said he did not make it public because the situation might change.

Mr. Miller and Mr. Kushner both told the president that weekend that they were in favor of firing Mr. Comey.

Mr. Trump ordered Mr. Miller to draft a letter, and dictated his unfettered thoughts. Several people who saw Mr. Miller’s multi-page draft described it as a “screed.”

Sounds like Trump.

Mr. McGahn arranged for the president to meet in the Oval Office that day with Attorney General Jeff Sessions and Mr. Rosenstein, whom he knew had been pursuing separate efforts to fire Mr. Comey. The two men were particularly angry about testimony Mr. Comey had given to the Senate Judiciary Committee the previous week, when he said “it makes me mildly nauseous” to think his handling of the Hillary Clinton email investigation might have had an impact on the 2016 election.

Mr. Comey’s conduct during the hearing added to concerns of Mr. Sessions and Mr. Rosenstein that the F.B.I. director had botched the Clinton investigation and had overstepped the boundaries of his job. Shortly after that hearing, Mr. Rosenstein expressed his concerns about Mr. Comey to a White House lawyer, who relayed details of the conversation to his bosses at the White House.

During the May 8 Oval Office meeting with Mr. Trump, Mr. Rosenstein was given a copy of the original letter and agreed to write a separate memo for Mr. Trump about why Mr. Comey should be fired.

Mr. Rosenstein’s memo arrived at the White House the next day. The lengthy diatribe Mr. Miller had written had been replaced by a simpler rationale — that Mr. Comey should be dismissed because of his handling of the Clinton email investigation. Unlike Mr. Trump’s letter, it made no mention of the times Mr. Comey had told the president he was not under investigation.

Mr. Rosenstein’s memo became the foundation for the terse termination letter that Mr. Trump had an aide attempt to deliver late on the afternoon of May 9 to F.B.I. headquarters in Washington. The White House made one significant revision, adding a point that was personally important to Mr. Trump: “While I greatly appreciate you informing me, on three separate occasions, that I am not under investigation, I nevertheless concur with the judgment of the Department of Justice that you are not able to effectively lead the Bureau,” the letter said.

Rosenstein acted like Trump’s personal lawyer as opposed to a top official of the Justice Department. That seems all wrong.

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