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Law Expert Explains Why Latest Rumble In DOJ Could Be Trump’s Downfall In Russia Investigation

On Friday, Associate Attorney General Rachel Brand, the third-highest-ranking official in the Department of Justice, left her post and called it quits. Her sudden departure could mean trouble for Donald Trump, according to University of Texas School of Law professor Steve Vladeck.

Vladeck wrote an opinion piece for NBC News on Saturday where he explained that Trump could be further attempting to obstruct justice in special counsel Robert Mueller’s investigation.

Vladeck analyzed how “Brand’s departure raises questions about who will succeed her and what her departure (and her replacement’s selection) might portend for the future of special counsel Robert Mueller’s investigation into Russian interference in the 2016 election.”

“The reason why all of this matters is because the associate attorney general is the designated successor to the Justice Department’s second-highest ranking official, Deputy Attorney General Rod Rosenstein. And it is Rosenstein, thanks to the recusal of Attorney General Jeff Sessions, who authorized Mueller’s investigation in the first place — and who is the only government official with the legal authority to directly fire Mueller and otherwise terminate his investigation,” Prof. Vladeck explained. “In other words, Rosenstein is the crucial fulcrum between the political leadership of the Trump administration and the quasi-independent special counsel. The president cannot directly interfere with the special counsel’s investigation without going through — or getting rid of — Rosenstein.”

“Thus, for those worried that the president might try to prevent the Russia investigation from running its course, Brand’s resignation reduces the number of Senate-confirmed officials who would have to agree with the president (or whom the president would have to fire) to bring about that result,” Vladeck concluded.

He then pointed out, “the more officials who have to be forced out before the president can achieve a particular result, the greater the political costs. And so with every presumably voluntary departure of someone like Brand, the political costs of direct presidential interference with the Russia investigation may well go down.”

“But even if Brand’s departure ends up having no bearing on the Russia investigation, specifically, it’s still an ominous sign more generally,” Vladeck added. “If someone as smart and accomplished as Brand came to the conclusion that the best way to protect her career was to leave the Trump administration, one can only imagine — the Russia investigation aside — exactly what she is trying to protect her career from.”

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