By Alan Dershowitz, opinion contributor
TheHill
February 5, 2018
Deputy Attorney General Rod Rosenstein should not be fired. He is a distinguished public servant with a bipartisan reputation for fairness. But there is a real question whether he should be recused from participating in any investigation by the special counsel of alleged obstruction of justice by the president.
Five facts are indisputable. First, Rosenstein is currently supervising Robert Mueller, who he appointed to be special counsel to investigate the Russia matter and all ancillary issues. Second, these ancillary issues include any possible obstruction of justice growing out of the Russia investigation. Third, President Trump’s firing of former FBI Director James Comey may be an important building block in any possible obstruction case against the president. Fourth, Rosenstein played a central role in that firing, having written the memorandum justifying the president’s action. Fifth, Rosenstein would be an important — perhaps the most important — witness in any investigation of the reasons behind the firing.