GOP divide in Congress over Rosenstein's future

GOP divide in Congress over Rosenstein's future
© Greg Nash

Senate Republicans are warning President TrumpDonald John TrumpGOP senator introduces bill to hold online platforms liable for political bias Rubio responds to journalist who called it 'strange' to see him at Trump rally Rubio responds to journalist who called it 'strange' to see him at Trump rally MORE not to fire Deputy Attorney General Rod RosensteinRod RosensteinTrump blasts Mueller, decries 'witch hunt' at 2020 launch Trump blasts Mueller, decries 'witch hunt' at 2020 launch Trump: I didn't fire Mueller since firings 'didn't work out too well' for Nixon MORE; House conservatives are threatening to impeach him.

The split-screen view of the Rosenstein saga reflects dueling priorities of Senate and House Republicans heading into the November midterm elections.

House conservatives are vowing to force a vote to impeach Rosenstein unless he testifies this week before the Judiciary Committee. An impeachment vote would serve up red meat for the conservative base and help turn out GOP voters right before the election, while casting doubt on special counsel Robert MuellerRobert (Bob) Swan MuellerKamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Kamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Dem committees win new powers to investigate Trump MORE’s Russia investigation.

Meanwhile, Senate Republicans, who have a razor-thin 51-49 majority, are urging Trump to approach the issue cautiously, concerned that such an act would create an unwanted headache for the GOP less than six weeks before the Nov. 6 midterm elections.

"If there's any attempt to fire or force out Deputy Attorney General Rosenstein, that would be a huge red line and very problematic,” moderate Sen. Susan CollinsSusan Margaret CollinsOvernight Defense: US to send 1K more troops to Mideast amid Iran tensions | Iran threatens to break limit on uranium production in 10 days | US accuses Iran of 'nuclear blackmail' | Details on key defense bill amendments Overnight Defense: US to send 1K more troops to Mideast amid Iran tensions | Iran threatens to break limit on uranium production in 10 days | US accuses Iran of 'nuclear blackmail' | Details on key defense bill amendments Senators revive effort to create McCain human rights commission MORE (R-Maine) told CNN.

“I like Rosenstein personally,” added Sen. Orrin HatchOrrin Grant HatchA health insurer takes on his own industry: Describe clearly what we favor, not attack what we oppose A health insurer takes on his own industry: Describe clearly what we favor, not attack what we oppose Trump to award Medal of Freedom to economist Arthur Laffer MORE (R-Utah), a member of the Senate Judiciary Committee. If Trump fires Rosenstein, “it would cause a furor that I don't think we need right now."

It’s a pivotal week for Rosenstein as he prepares to meet with Trump at the White House on Thursday to find out if he still has a job at the Department of Justice (DOJ). That meeting comes after a chaotic Monday when a flurry of erroneous news reports emerged saying Rosenstein had either resigned or been sacked.

Rosenstein, who oversees Mueller’s Russia probe, was thrust back into the spotlight last week when The New York Times reported that he had suggested secretly recording Trump after the president fired FBI Director James ComeyJames Brien ComeyWant the truth? Put your money on Bill Barr, not Jerry Nadler Want the truth? Put your money on Bill Barr, not Jerry Nadler Trump: Reported security incidents related to Clinton emails 'really big' MORE in May 2017. The Times said Rosenstein also discussed invoking the 25th Amendment, which lays out a way to remove a president who’s deemed unfit to serve.

Rosenstein has denied the Times report. But the article provided more ammunition for House conservatives like Reps. Mark MeadowsMark Randall MeadowsRep. Amash stokes talk of campaign against Trump Rep. Amash stokes talk of campaign against Trump House Oversight votes to hold Barr, Ross in contempt MORE (R-N.C.), Jim JordanJames (Jim) Daniel JordanCummings requests interview with Census official over new allegations on citizenship question Cummings requests interview with Census official over new allegations on citizenship question House Oversight Republicans release parts of Kobach, Trump officials' testimony on census citizenship question MORE (R-Ohio) and Matt GaetzMatthew (Matt) GaetzEx-GOP lawmaker hits Kyle Kashuv's racist posts: 'These are the social media postings we see of a shooter' Ex-GOP lawmaker hits Kyle Kashuv's racist posts: 'These are the social media postings we see of a shooter' Rep. Amash stokes talk of campaign against Trump MORE (R-Fla.), who in July introduced articles of impeachment against Rosenstein.

Those close Trump allies say Mueller’s investigation into Russian interference in the 2016 presidential race and possible collusion between Moscow and the Trump campaign has gone on too long. They’ve also complained that Rosenstein has failed to hand over documents to House lawmakers related to the Russia probe.

Their July impeachment push went nowhere, but if they file it as a “privileged” resolution, they could force a floor vote on whether to impeach Rosenstein, requiring every House member to take a recorded position on the controversial issue.

In an interview this week with Fox News, Meadows issued a not-so-veiled threat to Rosenstein: Testify before Congress this week or you could face impeachment.

“We are pushing very hard to make sure that he comes in under oath to Congress and let the American people judge for themselves,” said Meadows, chairman of the far-right House Freedom Caucus. “I can tell you that if he does not, there are a number of us that are standing by really with impeachment documents that say we cannot have this kind of activity continue at DOJ.”

Meadows, Jordan and other Trump allies have been urging House Judiciary Committee Chairman Bob GoodlatteRobert (Bob) William GoodlatteTop Republican releases full transcript of Bruce Ohr interview It’s time for Congress to pass an anti-cruelty statute DOJ opinion will help protect kids from dangers of online gambling MORE (R-Va.) to invite Rosenstein to testify before his panel this week, before the House adjourns Friday for what could be the final legislative day before the November election.

But so far, no hearing with Rosenstein has been scheduled. And Rosenstein has not received a formal invitation to appear before the committee.

“We have received no invite — formally or informally,” said DOJ spokeswoman Sarah Isgur Flores.

Meadows extended an invitation on Friday to Rosenstein’s staff, who offered to pass along the message, GOP sources said. But Meadows is not a member of the Judiciary panel, which has oversight of the Justice Department.

Asked Tuesday if Trump should fire Rosenstein when they meet on Thursday, Meadows told The Hill that he’d like to see the deputy attorney general testify first before his possible ouster.

“Any termination should only be considered after [Rosenstein] has had a chance to provide more context of his comments” reported in The New York Times story, Meadows said. “The president’s decision to maintain Mr. Rosenstein’s status at DOJ is one that he will make without input from Congress.”

Sen. Lindsey GrahamLindsey Olin GrahamOvernight Defense: Shanahan exit shocks Washington | Pentagon left rudderless | Lawmakers want answers on Mideast troop deployment | Senate could vote on Saudi arms deal this week | Pompeo says Trump doesn't want war with Iran Shanahan drama shocks Capitol Hill, leaving Pentagon rudderless Shanahan drama shocks Capitol Hill, leaving Pentagon rudderless MORE (R-S.C.), a onetime Trump 2016 rival who’s since become a close ally, urged the president not to make any rash decisions with Rosenstein.

“The only reason he should be fired is if he was involved in an effort to undermine the president. He says he wasn’t. I’ll take him at his word,” Graham said.

But if Trump axes Rosenstein, the senator added, “the burden will be on the president and the White House to assure the country that Mueller can do his investigation.”