Rosenstein Asks Prosecutors to Help With Kavanaugh Papers in Unusual Request

Jul 11, 2018 · 172 comments
Eccl3 (Orinda, CA)
There is a possibility that Rosenstein is working with other establishment Republicans to speed up the Supreme Court approval process because they want Kavanaugh approved before the really bad information about Trump becomes public this fall. Depending on how bad the information is, there could be a strong argument at that point that no one appointed by Trump should even be considered. With all of the politically convenient bad-mouthing of Rosenstein, we tend to forget that Rosenstein, Mueller, and a large portion of the FBI are and always have been Republicans (just not the Trumpian sort) Kavanaugh may be exactly the kind of Supreme Court justice that they want.
Eraven (NJ)
There is a new law firm now in the nation. Trump Mcconnel Gorsuch & Kavanaugh LLC. No law unturned
Gwe (Ny)
Well. Let's be honest: there's something incredibly troubling about the links between these things: 1. Mueller investigation 2. Kennedy's son work at Deutsch Bank 3. Timing of Kennedy's departure 4. Selection of Kennedy's clerk as next pick Honestly? It doesn't look good. I'm glad Rosensteen agrees.
Erik (Westchester)
This is just wrong, and everybody knows it. I look forward to the NYT editorial board blasting him. Oh, and this gives Trump a great excuse to fire him.
Tim (Chicago)
What, exactly, will the prosecutors be doing? There's a huge difference between prosecutors being used to help expedite the process of making the documents available to the senate (not political) and assessing the contents of the documents (which could be political).
Ronald Cohen (Wilmington NC)
One might be less concerned about the judiciary were the courts to (a) adhere to precedent; (b) refrain from enforcing notions of morality; and (c) refrain from the intellectual dishonest of decisions like Citizens United or Bush v. Gore. It would help if society took its social problems to the legislature and that the legislator would put law-making over office holding. A law plainly legalizing abortion would make all the fuss moot and would have made Roe v. Wade unnecessary.
Ann (Dallas)
This article is ambiguous: Who is Rod Rosenstein trying to help? It sounds like he is trying to speed up the production of documents so that Democrats can't complain and slow down the process, on the other hand, Mitch McConnell is worried that documents could be used against Kavanaugh -- is Rosenstein trying to find all documents that could be used against him? Is it possible that Rosenstein is just following orders he doesn't want to follow, and that is why he did something as ill-fated as sending out this email? If he wanted to secretly help the opposition in some manner, then he should have gotten on the phone instead of sending out a "personal message" blast destined to be leaked to the press. Rosenstein is either clueless or he wanted this to be leaked.
Barbara (SC)
Democrats have legitimate reason to inspect all of Kavanaugh's record, not the least of which is that he could easily be on the SC for 30 years or more. If this also slows down the nomination process until after the elections in November, all the better.
Chris (Auburn)
Perhaps Rosenstein is slowing down the process to prevent Kavanaugh’s confirmation in anticipation of Trump being subpoenaed or more indictments coming down and knowing that this is an illegitimate administration.
SS (San Francisco)
Actually it was a different guy who said this. And it was the same deep state that publicly discussed the Clinton email investigation right before the elections, and kept quiet about a simultaneous investigation into a far more serious matter of Russian collusion with the Trump campaign. But don't let the facts get in your way.
Shakinspear (Amerika)
This could, I say, could be a harbinger of a preliminary investigation into Congressional complicity with Trump. I hope so as a wide conspiracy within the Republican party is glaringly apparent.
PhoebeS (St. Petersburg)
Considering that we know that SCOTUS Kennedy's son provided over $1 billion in loans to trump through Deutsche Bank, I think that any candidate proposed by trump should be seriously investigated and vetted. If it sounds like corruption, if it smells like corruption, it is corruption.
RDR (Mexico)
Live (or cover your skin) by the paper trail...fail by the paper trail. Democrats should recognize the futility of the fight, and focus their attention on building their support among the disenfranchised, disaffected, apathetic and aggrieved Americans who recognize the current lack of fairness and desire to make the US a more perfect union by helping everyone achieve their innate potential.
Charles (Saint John, NB, Canada)
I wonder if they are looking for evidence of a deal for the nominee to help make Trump above the law? Or clear evidence of direction that is incontestably unconstitutional?
David Eike (Virginia)
This request may simply be a response to the White House’s goal of getting Kavanaugh confirmed as quickly as possible (i.e., well in advance of the mid-terms).
timpasq (Arizona, USA)
All of us should remember practitioners in the legal system rely heavily on precedence. This one, as with the raiding of a lawyer’s office in a recent high profile case, may come back to haunt us all... no matter your political bent.
Will Goubert (Portland Oregon)
It's a shame to see the judiciary used as a political tool more so now than in some cases in the past. Judges should be as impartial as possible whether Democratic or Republican appointed. What we have here is further erosion of our systems of government. When will the Congress and Senate stand up and do their job - Trump clearly has made the swamp worse and in the process damaged our fragile Democracy. 2018 and 20 should be a clearing house for both parties - particularly the Republicans that have embraced this sham administration. The end does not justify the means when the result is damage to our democracy and further decline of the country globally. Our government representatives have failed us and all Americans that don't vote have failed their part as well. Shame on everyone.
bp (nj)
Mr Rosenstein should devote all his time and energy working on the special council investigation and it's conclusion. That is why he was appointed deputy AG in the first place. Brett Kavanaugh is not under investigation, he is just being vetted. It makes me suspect that Rosenstein may be partisan or maybe he just wants to continue getting his AG pay check for as long as possible by delaying it.
wbarletta (cambridge)
Rosenstein's insertion of 93 US prosecutor's into a political process is a gross abuse of his authority prior precedent. Except that it would actually harm the nominee to fire him, that is exactly what should happen
OUTsider (deep south)
The position of Attorney General, currently held by Jefferson Beauregard Sessions, has been weakened by his abnormal relationship with Trump. Somebody's got to pick up the slack and do the work. So it falls upon Rosenstein. Doesn't seem suspicious to me.
Blessinggirl (Durham NC)
Best news ever! This gambling addict doesn't belong in the federal judiciary, much less the Supreme Court.
Don (Idaho)
I just wish that Rosenstein had been put through a similar background investigation. He is taken a once great agency and made it the laughingstock of the law enforcement community. Using any part of an investigative department that is part of the United States government as a political weapon is sedition.
Kodali (VA)
The sheer number of documents may put off the confirmation process until after midterm elections. Mr.Rosenstein protecting himself from false accusations that he may not be sharing all the documents with the senate committee. Republicans are not going to read any of them while Democrats go through every line. At the end, Judge Kavanaugh will be confirmed because Trump gave the orders to Mitch. The Republican women senators put up some dog & pony show and then vote for confirmation.
batazoid (Cedartown,GA)
And why; pray tell, hasn't Rosenstein resorted to such a procedure to expedite document production for Congress's Intel. Cmtes?
SS (San Francisco)
More like Yosemite Sam than Wyatt Earp
Fred (Bryn Mawr)
Kavanaugh must be arrested immediately. There is no time for delay! Obviously if DAG Rosenstein has assigned nearly 300 prosecutors Kavanaugh must be guilty.
Fred (Bryn Mawr)
Since he is under investigation, Kavanaugh must resign.
AW (NC)
You felt the need to interview someone running for Congress?
vica (SF)
Rosenstein is toast now. Get ready to march in the streets. With his firing, it will be time.
Chris (Auburn)
Perhaps Rosenstein is slowing down the process to prevent Kavanaugh’s confirmation in anticipation of Trump being subpoenaed or indicted and knowing that this is an illegitimate administration.
Ma (Atl)
Mr. Rosenstein's request makes me sick. Utterly sick. If this man isn't qualified, then it should be obvious. I guess Rosenstein is a part of the 'dark' clan in the WH, or completely spineless. Shame on him. And given that we have more people sitting in jails across the country because we don't have enough prosecutors, it seems more outrageous than ever. What is wrong with our government personnel? They don't know how to do their jobs without politics?! Makes me wonder if we've not been run by a dark clan for decades.
Richard (NYC)
This move by Rosenstein is probably to cover his own hindquarters, nothing more and nothing less. He has every interest in preventing any surprises about Kavanaugh from the Democrats, as that would be a perfect excuse to fire him.
Lynn (S.)
Shame on you New York times for alleging that this is “political” insertion by a republican appointed republican into the vetting of a supreme court justice. Kavanaugh is nominated under unusual circumstances let’s be honest. This is likely a criminal investigation to make sure Kavanaugh isn’t in the pocket of someone already under criminal Investigation - trump. I want to know when my officials are corrupt and this inspection you can help clear his name.
Majortrout (Montreal)
Trouble is that McConnell is a slithering snake, and of course doesn't play nice-nice! I'm waiting for the vetting process to begin on CNN or Fox!
Majortrout (Montreal)
I'm sure Trump and McConnell are seething and boiling over on Mr. Rosenstein's request. Let them melt!
MJS (Savannah area, GA)
The process for vetting nominees to the Supreme Court is specified in the Constitution, the Justice Department has no role in the proceedings. Support from the Justice department may be requested by the Chair of the Judiciary Committee but the Justice Department may only get involved if requested to do so. This move by Rosenstein is wholly without precedent, he should immediately be reassigned from his role at Justice, the review halted, and an investigation opened by the Inspector General.
Upside (Downside)
Gosh Rod, I'd think you have enough troubles with Congress without wanting pushing your political envelope to breaking? Either hubris has overtaken your thinking or you are a masochist? Which is it?
SS (San Francisco)
What is unprecedented is that a President under criminal investigation looks to appoint a supreme court justice who could be the deciding factor on whether he could be indicted. There is an immense conflict of interest in his actions, and both Mueller and Rosenstein are well within their rights to examine this appointment very carefully. Under normal circumstances the appointment would be delayed until the criminal cloud was lifted, but with the President actively obstructing justice his actions are suspect from the get go.
weary traveller (USA)
Its important that the Deputy AG being a republican who bears his allegiance to the Country and the last one standing in path of Donald Trump. He seems to have requested this to help prevent an future president do nuclear like the "packing of supreme court" . Country comes first these real patriots prove it and I really thank him from the bottom of my heart.
george plant (tucson)
nominating a justice who is likely to be the swing vote in favor of keeping the president above the law could also be added to the extensive "state of mind" tally in an obstruction of justice indictment. this nominee has enough baggage to be refused confirmation already, though. friend of big business, foe to environment, friend to religious right, foe to women's rights, friend to republicans, foe to voting rights......
george plant (tucson)
and gay rights..
Tedj (Bklyn)
As much as I'd love to believe that a savior will materialize, the fact is we don't know why this request was made. Did Jeff Sessions make him do it, the same way he made Rosenstein justify Comey's firing? Why would he take it upon himself to embark on this project? Doesn't he have his hands full with the Mueller investigation? And he wants it done the next few weeks. Aren't a lot of people on vacation, including government lawyers, the next few weeks? Like so many other things in this administration, it doesn't add up.
Fred (Bryn Mawr)
Putin must have ordered this. He controls trump and his minions.
Felicia Bragg (Los Angeles)
When the GOP outrageously refused to take up President Obama's nomination of Judge Merrick Garland they effectively politicized the process. Now, we have a request by Rosenstein which, while perfectly reasonable given the scope of their review in a rather short time, is being decried by the same GOP. Do any of these people realize that they are literally chipping away at our constitutional government?
Fred (Bryn Mawr)
Kavanaugh should be made to confess to all possible crimes and plead guilty to all charges. Anything less is obstruction
Jackson (Long Island)
Fred, are you saying that Kavanaugh should be treated the way the Republicans are treating Strzok?
Just Justice (California)
I’m trying to determine if you’re being sarcastic or serious.
NNI (Peekskill)
In every profession, ' Peer Review ' is of great importance. It can make or break a career. The professionals are subject to rigid standards to maintain integrity and their quality of performance. Besides professionals are responsible to remain current in their fields. So why not a Supreme Court nomination be subject to such a peer review? After all, joining the bench is one of the most important job there is with requisites of great intelligence, great understanding, great foresight, non-partisan, keepers of laws of the land, providing justice, protecting constitutional rights and with an unfathomable responsibility towards the citizens and their lives. Kudos to Deputy Attorney General Rod Rosenstein for setting a precedent, a healthy precedent which should not be a precedent.
Josh (CA)
Maybe the reason this is happening now and not with recent court picks is that Republicans keep selecting shadier and shadier people to appoint to judge. Yeah, republicans, they didn't investigate the Democratic justices because they obviously weren't terrible people. Unlike the corporate tools that Republicans love to appoint to judgeship.
El Jamon (Somewhere in NY)
He's preparing to push back against a court pick who may move to protect Trump from his crimes; crimes Rosenstein now, most likely, knows fully.
Kathleen Warnock (New York City)
So if the review turns up inappropriate or unethical work or decisions on Kavanaugh's part, what will happen? If Rosenstein turns them over to the Senate, will they attempt to bury the evidence? Will someone leak it? This is an interesting action, and I really need someone to parse it for me. (Calling Rachel Maddow...)
Fred (Bryn Mawr)
Calling Mr. Mueller!!
polymath (British Columbia)
"Mr. Rosenstein’s request was an unusual insertion of politics into federal law enforcement." I read news stories to find out what happened. NOT to find out which interpretation the reporter feels like inflicting on the reader before even finishing a description of the event being interpreted.
Psst (overhere)
Will the prosecutors all be Republicans? We don’t want a rouge Democrat to taint the investigation.
Jackson (Virginia)
So he isn't able to do his job?????
WeHadAllBetterPayAttentionNow (Southwest)
Sessions is not recused in this situation. Was Rosenstein ordered to do this? Is Rosenstein being proactive in anticipation of the huge demand for Kavanaugh's history? I am not ready to attribute this request to political bias.
Hannah (Portland)
"Mr. President, thank you... No president has ever consulted more widely or talked with more people from more backgrounds to seek input about a Supreme Court nomination." This verbiage sounds all too much like Dr. Bornstein's letter about Trump's health, which the patient himself wrote, according to the doctor. "If elected, Mr Trump, I can state unequivocally, will be the healthiest individual ever elected to the presidency." Laughable.
Bridget (Nashville, TN)
Requesting the review of this much information takes time. Perhaps pushing the investigation on for several months. Past the mid terms? One way to delay his confirmation.
Occupy Government (Oakland)
Why do i get the feeling a lot of people Donald has targeted are trying to make nice with him to keep their jobs? Would John Kelly object to pastries if he weren't in the president's sights? Would Sessions be so cruel on the border but for Donald's repeated requests for his resignation? Would Rosenstein be abusing his office to stave off a thrashing president? Trump set the stage. Nobody takes anything at face value. What a government.
RichardHead (Mill Valley ca)
The "government" has been turned into a political party. The Supreme court and the justice and the EPA and the Interior etc. are all controlled by the oligarchs who pay for the politicians.
jjames at replicounts (Philadelphia, PA)
Will a Kavanaugh court rule that Social Security is unconstitutional and must end? The right wing has been against Social Security ever since it started, but hasn't had the votes in Congress to get rid of it. It may now have 5 votes out of 9.
John Doe (Johnstown)
It’s beginning to feel like the Old West once again, with every quick draw out their trying to be the one to take down Wyatt Earp.
KBronson (Louisiana)
America’s Deep Police State wrestling control from the election process. It isn’t the Russian spies I worry about.
Kim Murphy (Upper Arlington, OH)
So the people who say this never happened before are lying (and running for office, although those might be the same thing) because, as detailed in the article, it has happened before.
DRS (New York)
Talk about much ado about nothing. There are a million pages to go through, and for the Justice Department to do its normal process and get it done before the election for a vote, extra lawyers (probably junior lawyers who sit in windowless rooms with stacks of boxes) are needed. Big deal.
TheraP (Midwest)
Given the skullduggery that’s par for the course in this MalAdministration, this is a sign of life in the Justice Dept. And I welcome it!
APS (Olympia WA)
Anyone nominated to anything by someone as suspect as Trump needs to be thoroughly combed over by as many prosecutors of as many jurisdictions as possible.
KBronson (Louisiana)
If this is in any way intended to thwart the Presidents nomination, then Trump absolutely has to fire him or he has lost all authority in his own house. He will have been punked, rolled, shown to be a ( kitty cat).
Kim Murphy (Upper Arlington, OH)
Why is it not just ordering lawyers to read the nominee’s output?
Bob (San Francisco)
Where is the "insertion of politics into federal law enforcement"? The DAG is likely overwhelmed with activities all over the US caused by Trump's expeditions into the unknown territory of competently leading a country. If there are any politics in the request it seems to me that it's coming from the DAG's critics.
Senate27 (Washington, DC)
Rosenstain and Mueller are both trying to get fired. It is the only way to generate an outcry, since they literally have nothing on Trump. Kavanaugh will be confirmed before the new SCOTUS term in October.
James Devlin (Montana)
One American institution has finally figured out the rules to this new game and is now playing catch-up. p.s. DOJ: According to Trump, there are no rules any longer.
Chinh Dao (Houston, Texas)
A good decision. It would help the public to have a general idea about the nominee's constitutional blindness and "hoax" thoughts of a presidential royalism.
Horatio (new york new york)
Good move. Hopefully they'll uncover what we need to know.
mcomfort (Mpls)
What exactly is the article implying: 1) Rosenstein is doing Trump’s bidding by over-assigning resources to get the vetting and confirmation done before midterms, or 2) Rosenstein is trying to find dirt on the nominee to delay confirmation, or 3) other?
Kim Murphy (Upper Arlington, OH)
None of those things. It’s reporting what happened. Like news.
njglea (Seattle)
Well Hallelujah! Perhaps Mr. Rosenstein is actually on the side of democracy in OUR United States of America. The article says, "Mr. Rosenstein’s request was an unusual insertion of politics into federal law enforcement. " These are "unusual" times. The Koch brothers and their Robber Baron brethren have been trying to destroy OUR United States governments at all levels for 40+ years with their inherited/stolen wealth and their daddy, Fred's, "John Birch Society" training. The Con Don's daddy, Fred, was Fred Koch's buddy in starting the destroy-government agenda. They don't like rules or laws. They don't like regulation. They don't like anything that interferes with them robbing the rest of us blind and destroying our planet/lives. Their time is up. Thanks to Mr. Rosenstein, state AGs and other legal democracy-lovers who are stepping up to help WE THE PEOPLE preserve/restore true democracy in OUR United States of America. Each of us must fight like hell to preserve/restore the one thing we value most about OUR America. NOW.
John Doe (Johnstown)
Wow, two deep states! Talk about a battle of the titans. This is going to be better than Godzilla vs. Rodan! What a main event.
Joe (Minnesota)
The beginning of the end of Kavanaugh. They will surely find something rotten in his anti-Clinton and Bush v. Gore work. Bye-bye.
Ess (LA)
Rod Rosenstein, can you get the Mueller investigation to productively wrap... so maybe we'll no longer have to deal with Trump and his nomination?
Doris Keyes (Washington, DC)
Rosenstein - sounds like payback time for the Republicans and all the problems they have been causing him.
Kim Murphy (Upper Arlington, OH)
Or that he’s collecting the voluminous details necessary for the Senate to vet a justice. He’s the functional head of the DOJ, so that’s his job.
Tamar (Nevada)
If this doesn't reek of extreme partisanship, I don't know what does...
TDK (Atlanta)
Hate to break it to you but you really haven't been paying attention. That said, this is a bad precedent. Not remotely as bad as, say, Merrick Garland, but bad.
NYmom (Los Angeles)
...how this republican president's republican Attorney General investigating a republican nominee to the Supreme Court is partisanship...
Kim Murphy (Upper Arlington, OH)
TDK, it isn’t a precedent. It’s been done before. Collecting the written documents of a sitting judge or law professor before Senate vetting is the job of the DOJ, including its satellite offices. Sorry to disappoint.
Ayecaramba (Arizona)
It is not political, it is a criminal investigation. But not of Kavanaugh. Of Trump. He obviously appointed Kavanaugh because of his previous statements about the President being unindictable. One more act of perverting the course of justice.
LEM (Boston)
Not to mention reports that Kavanaugh recently paid a lot of debt with no increase in salary. And his son is friends with K’s son. Gee I wonder what Kavanaugh could do to help the President? The stink of this administration knows no bounds.
Adam Stoler (Bronx NY)
From a country before party Republican Didn’t know any were left How refreshing
Name (Here)
What does Rosenstein know that requires the expertise of states' attorneys general officials? I don't buy that there's just not enough justice department lawyers. This is weird. Something is rotten in Denmark.
Rob D (Oregon)
Rosenstein request for staff help was to federal prosecutors not state attorneys generals.
Jo-Anne (Santa Fe)
I think something is rotten in the USA!
Kim Murphy (Upper Arlington, OH)
Federal prosecutors are DOJ lawyers. Read.
Jason A. (NY NY)
Anyone else think that Rosenstein is trying to get fired with this action? Time to write his tell-all memoir and hit the book tour circuit.
Senate27 (Washington, DC)
Rosenstain and Mueller are both trying to get fired. It is the only way to generate an outcry, since they literally have nothing on Trump. Kavanaugh will be confirmed before the new SCOTUS term in October.
Senate27 (Washington, DC)
Rosenstain and Mueller have both been trying to get fired. Because they have nothing, the only firestorm they can create is to get fired and have a "mystery" that needs to be uncovered. Trump is giving them all the rope they want.
lftash (Ill)
There will be a cloud over this Judge. Another "POTUSA" misjudgements? Loyal to the USA or loyal to #45?
Andrea (CA)
Rosenstein appears to be facilitating dotting the i's and crossing the t's. He knows he will be damned if he does and damned if he doesn't. There are already major questionable aspects surrounding Kavanaugh's appointment. Best to know the answers before hearings. Rosenstein's efforts appear to be in favor of assured confirmation expeditiously.
Maggie2 (Maine)
Go for it Mr. Rosenstein ! Whatever it takes to remove the thug and toxic narcissist, his corrupt sycophants in the administration and the GOP is fine with me.
Dr. Mandrill Balanitis (southern ohio)
Methinks that anyone and anything the 'prez' is connected to should be subjected to rigorous legal and moral and ethical review and vetting. Swamp monsters must be prevented from infesting or reinfesting it.
ChesBay (Maryland)
Very smart! Rosenstein will find the holes, and the corruption. And, while we're on the subject of Kavanaugh, let's tell SENATOR SCHUMER to focus his attention on the DEMOCRATS who may vote for this apparent white collar criminal. That's Donnelly, Jones, Manchin, Heitkamp, and maybe others in swing states. Line up your DEMOCRATS, for Pete's sake! Are you a leader, or not?
Shakinspear (Amerika)
Schumer received campaign money from Trump in the past and is too friendly and accommodating towards Republicans. As the Democrats have been losing since 2010, they have been treated like dirt by Republicans and their only response is; can we please have bipartisanship?
Jim (California)
Obviously, Rosenstein, a highly skilled non-partisan A.G. with decades of experience, has a greater commitment to the 'health' of our democracy than the GOP members who are rallying against his request. IF there is nothing in Kavanaugh's past to be concerned about, these GOP politicians and operatives would welcome Rosenstein's request because it would uncover evidence to mute Democratic push-back of Kavanaugh.
Fred (Bryn Mawr)
300 or so prosecutors will find crimes. How could they not? Nobody is that clean. If would be best for Kavanaugh to resign now.
CaseWrker (OR)
This doesn't seem to bode well for Rosenstein choosing country over party, if/when the investigation shows the Trump-Russia conspiracy is real. This smacks more of someone doing everything they can to keep his job, even if it means skirting norms of the agency. Not good.
Gunmudder (Fl)
“But the number of documents for Judge Kavanaugh will be different by an order of magnitude,” Mr. Zubrensky said. For those who don't quite get it, an order of magnitude means 10 times the number of documents reviewed for Garland! That's 20,000 documents.
cherrylog754 (Atlanta, GA)
”Supreme Court nominee Brett M. Kavanaugh incurred tens of thousands of dollars of credit card debt buying baseball tickets over the past decade and at times reported liabilities that could have exceeded the value of his cash accounts and investment assets…” -Washington Post-Today And today he has reported assets of $15k-$65k. For someone with his degree and experience and 53 years of age, you’d expect a little more in the way of assets. Seems like Mr. Kavanaugh is not the thriftiest person around. If you can’t manage your own life, why should we trust his judgement on any fiduciary matter that affects the nation?
DR (New England)
The more real concern is that he could be open to bribery.
Shakinspear (Amerika)
This is a Constitutional crisis developing. My concern about the nominee's elevation to the Supreme Court centers on the outcome in general terms. If Judge Kavanaugh is confirmed, there will exist, a super monopoly power Republican government led by a militant Trump inclined to dictatorship. Given that circumstance, he will become a dictator with carte blanche rubber stamp approval of all he desires from the compliant complicit Congress and a right leaning Supreme Court. Democrats fear that the Supreme Court will decide whether a President can be called to testify, but I view this developing Republican strategy as far more sinister in that this may be an attempt to place a friendly Justice on the court to decide favorably in Trump's favor if Trump were to fire investigators to stop the investigations entirely. An even bigger dilemma will exist in which there are no remaining checks and balances in the federal government between any of the branches. We will have a super monopoly single party government that operates independent of the needs and desires of fully half the nation represented by the Democrats. The founders did not intend such a powerful reality. It seems the Republicans want smaller Government, but they also desire absolute control. I believe Rosenberg is focused on this dilemma and faced with a smoke screen of many documents, very logically and appropriately appealed to others in the Justice department to aid in investigating a possible crime.
Syd (Hamptonia, NY)
I think you are right. That's why I'm currently of the opinion that the democrats should fight Kavanaugh's confirmation, but only up to a point. If the seat is still open by election day it will be a rallying point for republican voters. But if it's filled, my hope is that the majority of people who usually don't pay attention will start sensing that our liberal and open society is under threat, and may get them to actually cast a vote.
Shakinspear (Amerika)
Name Correction; Rosenstein. Sorry.
Shakinspear (Amerika)
Syd, hi, it's a prescient point worth considering but it's also a gamble with a chance of losing. I'm of the mind that Democrats in Congress need to recognize that Republicans are a real threat to American democracy and must tirelessly fight them, never giving up. They have been fooling themselves by wanting bipartisanship since losing since 2010. A bold fighting spirit by democrats may motivate their followers to vote for sure.
John Doe (Johnstown)
Mr. Rosenstein’s email, which had the subject line “Personal Message to U.S. Attorneys From the Deputy A.G.,” included the sentence, “We need your help in connection with President Trump’s nomination of Judge Brett Kavanaugh to serve on the Supreme Court.” Same guy who says' "WE WILL STOP HIM". is just meaningless light office watercooler banter. Yes, boys will be boys. For a deep state, I would have at least expected a little more discretion.
Kim Murphy (Upper Arlington, OH)
How do you know the DOJ isn’t preparing against attacks on Judge Kavanaugh? Funny how Trump voters jump immediately to the conclusion that somebody might be proving that their guy is dirty.
RM (Ottawa, Ontario, Canada)
Buried in this story is the fact that this kind of action HAS happened before, but because this particular nominee for SCOTUS has a long, lengthy career to study, the volume of documents that merit careful scrutiny is larger, hence the need for help. That’s it. The rest of the article implies some nefarious intent where there truly isn’t any. I expect more from the news media than this kind of stirring up of trouble where none exists. It gives openings to Trump and his lackeys to discredit Rosenstein. Alternatively, why is it that Republicans and conservatives get a pass when they behave in conspicuously self-interested and often corrupt ways (I’ll echo other commenters in citing McConnell’s disgusting obstruction of Merrick Garland), but no one else does? Everyone else gets called on the carpet to account, except Republicans. Maybe it’s time to stop worrying about ethics and start focusing on the results, because you have a country about to be completely hamstrung by an extremist right-wing—ascendant or dominant in almost every branch of government—and everyone is standing around with mouths agape as if that’s going to change anything. Wake up people! This whole administration feels like we’ve returned to the Bush era (remember that? When an administration lied its way into a war that destabilized the middle east and made the world a much less safe place??), which I recall as a time where no one in the media or elsewhere had the guts to stand up to Republican lies.
Paul Baker (Rochester, NY)
Perhaps a case can be brought in Federal Court to block Mr. Rosenstein's order?
Kim Murphy (Upper Arlington, Ohio)
Why? He's supposed to have his lawyers read all of the output of a nominee. There are 20,000 documents and the federal prosecutors work for him. And, no.
Kathleen Flacy (Weatherford, TX)
It is not an order, it is a request for personnel to help manage an already burdensome load engendered by the Senate's demand for access to materials related to the Mueller probe, which must also be reviewed for security before making them public (meaning as soon as materials are turned over to the congress critters they will be leaked).
Kim Murphy (Upper Arlington, Ohio)
I don't believe that he's qualified because he was picked to protect Trump from indictment, but I agree that Rosenstein is just doing his job.
Panthiest (U.S.)
Trump has thrown all precedent out the window, but NOW people are concerned about this? Good grief.
Mountain Dragonfly (NC)
Two words stood out to me in this column: justice and political. Unfortunately, the "political" as used as an adjective to the process of selecting a "Justice". As to Roenstein's involvement, he IS the Deputy Attorney General of the JUSTICE department. A small hope, but a hope nonetheless that at least some parts of our government are working proactively for the agencies of the government they represent, and doing it in the interests of the U.S. and its citizens rather than being politically beholden.
j (northcoast)
Its "flat out wrong" for Chris Hunter to be making such strong negative statements about Rosenstein's work or directives, despite his FBI pedigree. There are those who will -- and are -- working to maintain a democracy in America. And any thumb in the eye to mconnell et al is welcome.
D.A.Oh (Middle America)
Kavanaugh clearly cut some sort of deal with Trump to get this nomination, as evidenced by the opening of his nomination acceptance speech: "Mr. President, thank you. Throughout this process, I have witnessed firsthand your appreciation for the vital role of the American judiciary. No president has ever consulted more widely or talked with more people from more backgrounds to seek input about a Supreme Court nomination." Such unnecessarily absurd puffery of Trump's "appreciation," despite decades of devaluing our court system from bribes to fraud to contempt to publicly attacking federal judges while running for POTUS(!), and Trump's relative research rigor -- "No president has ever . . ."(!!) -- shows utter lack of judgment. Having already secured the nomination, such exaggeration is no longer complimentary. Instead, such a statement is pure propaganda meant to further build the myth of Trump for his personality cult. Kavanaugh is clearly compromised.
John Doe (Anytown)
Who told Rosenstein to send out this e-mail request? Did Sessions order Rosenstein to do this? This looks like Rosenstein is being set-up again, just like when he was ordered to write the Comey firing excuse.
John Doe (Johnstown)
Who, John? He probably just did it himself because he hates Trump and has tools to stick it to him with. Office politics is usually about nothing more than petty personal issues people blow out of proportion to give a boring job drama.
John Doe (Johnstown)
It's always a bad idea to let the servants get a taste of the really good liquor reserved only for the guests, especially when they have their own key to the liquor cabinet. With his name in paper so much lately, Rosenstein must think he's a big shot now and has to act like one.
Kim Murphy (Upper Arlington, OH)
He is a big shot. He’s the functional head of the DOJ and the second most powerful lawyer in the United States.
Another Consideration (Georgia)
So much for providing jobs for the country. If Rosenstein needs help reviewing documents, hire people to do it.
MIMA (heartsny)
Rod Rosenstein got a little sassy while being questioned lately. Is he now trying to make up for that with this go, go, go Kavanaugh?
Lois Lettini (Arlington, TX)
Whatever it takes for Brett Kavanaugh to NOT get appointed!!!
sob (boston)
Just like a liberal, the law be damned. We have to follow the law if it helps liberals, if not, whatever it takes. Heads I win, tails you lose. Not very "liberal" minded IMHO. This is the thinking of the swamp, the very thing Trump was elected to eliminate. Step 1., fire Rosenstein, he has no Constitutional role to play in confirmation, period. Oh, I forgot, whatever it takes, that's the new standard on the left.
Ed (Montclair NJ)
Classic ends justifies the means. Always wrong.
Kim Murphy (Upper Arlington, OH)
The DOJ gathers and reads all of the output of a nominee. Federal prosecutors work for the DOJ. Pretty yawny stuff except to freaked-out Trump voters who know that corruption is rampant wherever their guy hangs his hat.
jim (Florida)
Looks like Rosenstein is simply covering his rear. Throwing all of these assets at the vetting process will prevent the Republicans from being able to attack the FBI is for dragging it feet. This is a defensive move by the FBI that may give the Democrats some talking points.
rich (hutchinson isl. fl)
When a judicial candidate expresses the opinion that one particular civil servant should be exempt from investigation while serving, it is a step on the slippery slope to dictatorship. Fully investigating that candidate is a good idea.
Pete (Hereville)
The name Rosenstein these days doesn't conjure up warm and fuzzy confidence.
Rocket J Squrriel (Frostbite Falls, MN)
Especially if he decided himself to insert himself into this.
Soxared, '04, '07, '13 (Boston)
So Donald Trump is continuing his takeover of the “independent” judiciary. Rod Rosenstein’s meek assent with the tyrannical Trump signals the coming end of his authority—in much the same vein that the president has neutered his AG, Jefferson Davis Beauregard Sessions III. Deputy Rosenstein, to be fair, is under orders to make documents available for the vetting of Judge Kavanaugh, but this a task historically handled by DOJ staffers, not serving-line prosecutors. By handcuffing them in this obviously politically-motivated way, the “law and order” president lessens the effectiveness of law enforcement and crime prevention. Important investigations must now be put in hold in the service of a president to whom precedent and custom are anathema. Surely the White House Counsel’s staff—or that of the Republican National Committee—could undertake this baldly partisan, political task without the consequent lessening of the mission of the DOJ—unless I am very wrong in my surmise that a prosecutor’s job description entails copying and collating Judge Kavanaugh’s many opinions and law review articles for nothing less than the rapid presentation of his opinions for an impatient president and GOP-heavy Senate. Once upon a time, an attorney general and an assistant attorney general stood up to a president who was determined to politicize the DOJ to protect him from himself. Would that Deputy AG Rosenstein possessed a tenth of the fortitude of Elliott Richardson and William Ruckelshaus.
Cate (midwest)
It's not clear who directed Rosenstein to make this request, and I'm not clear what it means. Was this Rosenstein's own doing? The article doesn't make it clear. If it was his own doing, why? If it wasn't, who asked him to do it?
Carol (North Carolina)
My thoughts exactly ~
Shamrock (Westfield)
Hard to imagine the firestorm if this was done to Justices Kagan and Sotomayor. There would be calls by the Times editorial board for impeachment of the President. The firing of Rosenstein would be taken for granted.
Reva Cooper (Nyc)
It’s not illegal, and has precedent. And given the chicanery of Mitch McConnell and the obvious Republican attempt to get rid of Rosenstein and fire Mueller- go Rod!
Szeldim Wright (Chicago)
Shamrock, Easy to imagine you getting the wrong by not reading the article. Suggestion, adjust the coding on your bot to read first 10 paragraphs of each article and scan for Names of People.
Meadowlark Lemmy (On my ship, The Rocinante.)
President Obama was never under investigation for colluding with and then obstructing the investigation of Russians. Nuance by a Pack of Wild Elephants.
silver vibes (Virginia)
Perhaps Mitch McConnell will get a dose of his own obstructionist medicine. Although Judge Kavanaugh will probably be confirmed as a Court Justice, a lengthy confirmation process is what McConnell wanted to avoid, with the mid-term campaigns underway. If McConnell could make Merrick Garland wait for a seat he never got, surely he can wait a few months for a thorough vetting of Kavanaugh to take place. Turnabout is fair play.
Peter Johnson (London)
It is a bit disconcerting if, as you suggest, a senior FBI employee took this unusual step as part of Democratic party strategy to improve their mid-term campaign outcome. Should the FBI be involved in effecting that political strategy, whether it works in the mid-terms or otherwise?
Henry J (Sante Fe)
The last thing McConnell cares about is "fair play". All McConnell and Trump care about is power and the retention thereof, despite the outcome of the Nov 2018 election.
Henry J (Sante Fe)
My guess is that this procedure will thoroughly vet all unknown issues to help us deny another conservative to the supreme court. However, Rosenstein could be doing the opposite at the request of Oligarch Trump.
Brian Barrett (New jersey)
This has the potential to be a monumental story. The probe may yield evidence that Trump discussed the issue of Presidential powers vis a vis pardons, executive privilege, testimony, and impeachment with Kavanaugh. He may have made his appointment conditional with regard to Kavanaugh's published views on the matter. This would serve as yet more irrefutable evidence of obstruction of justice. It also raises the possibility that Trump will use this action on the Deputy AG's part as an excuse for firing him. Trump's increasingly erratic behavior reinforces the likelihood of both. Stay tuned!
jdoe212 (Florham Park NJ)
Trump did discuss this nomination with Kennedy, assuring him that his seat would be well protected. Thats a start! He also "interviewed" several candidates. Considering his hunger for loyalty this probe can, might.... produce another House of Cards. The advise and consent part of the process by the senate is soft ball at best. Some one with real digging powers is needed. Dig you must Rod before Nero burns down the country.
Expat Annie (Germany)
"The advise and consent part of the process by the senate is soft ball at best." Yes, except when played by McConnell and the GOP, who refused to advise and consent on Obama's nominee. For this alone, McConnell will go down in infamy...
Stephen J (New Haven)
Here is the quasi-paranoid interpretation: Mr. Rosenstein is already aware of substantial evidence that President Trump is compromised (due to money laundering for Russian oligarchs?) and likely to face subpoenas, maybe even prosecution. He knows that Judge Kavanaugh has a history of favoring executive power over the other branches of government. Therefore, it is possible that the nominee was chosen in order to bolster the president's defense against various charges. He wants to see if there is evidence that the nominee's views are really extreme in this regard. Well, we live in paranoid times - a reflection of our nation's leadership, alas...
B. Rothman (NYC)
Sometimes a cigar IS a cigar and a candidate with a particular affinity for allowing a President to be above the law, is chosen for exactly that reason.
Chris (Chicago, IL)
Unfortunately I think this is a very real possibility, especially considering: ". . .department lawyers in Washington typically carry out that task, not prosecutors who pursue criminal investigations nationwide." (like an obstruction case, for example)
paul (White Plains, NY)
If this overreaching action by Rosenstein does not prove that he and Mueller are politically motivated to bring down the Trump administration, nothing ever will. Directing 90+ U.S. Attorneys General across the entire country to each commit 3 full time government lawyers to digging up dirt on nominated Judge Kavanaugh is unprecedented and reveals an anti-Trump agenda at the highest levels of the Justice Department. Rosenstein needs to be called to account by Congress immediately.
Rebecca (Seattle)
As Donald Trump has repeatedly asserted with regard to executive decisions regarding emoluments, immigration and policy-- Rosenstein's course is supported legally and by procedure. Congress is certainly empowered-- as in the case of emoluments or conflict of interest regarding the executive--to change the law to address such concerns.
AlNewman (Connecticut)
Your party shirked it’s constitutional duty in refusing to even consider Garland for the court but you’re outraged over the request for documents. No wonder Trump can get away with anything.
Hal S (Earth)
Rosenstein is in a 'no win' situation here. Kavanaugh's prior work creates an unprecedented amount of material to review. If the normal Justice Dept staff assigned to do this work was the limit of resources made available, then the time it would take would be seen as an obstructionist action by Rosenstein trying to delay the process until after the mid-term elections. However, we already see from comments posted here, that if he tries to find the staff to do the work in a timely fashion then it is a sign that he is taken a biased action. It seems certain people want to see the process done in a rushed incomplete fashion, which given Kavanaugh's known views on Executive power, is troubling.
John (Miami, FL)
I don't think Rosenstein is trying to be obstructionist here. From what I understand it is entirely within the legal purview of the DOJ to request this information and review it. The only unusual thing is that it has never been done by a Deputy AG much less one who was actively supervising a nationwide criminal probe into the conduct of this president. That said however, it is worth noting that Trump and the Republicans have demonstrated very little regard for precedent since 2016 so I don't see why they are making a big deal about it now. My own instincts tell me that Rosenstein has been asked for this information by Mueller as he looks into whether this nomination is yet another attempt by Trump and his allies to obstruct justice. If so then I am 100% ok with it and it should be allowed to go forward!
Jay Dwight (Western MA)
This was my thought as well: Rosenstein may be trying to find out what the candidate's thinking is on the issue of prosecuting a sitting president.
lkent (boston)
It did strike me that with so many 'looking into' the records, one or more may turn up something that would argue against the nominee. And that that one or more may not be trump "loyalists" doing the work for the benefit of one man, trump, "Loyal" in trump translates to "Willing to lie, cover up, threaten, make up accusations against critics and perhaps, since he'll (promise to) pardon murderers, willing to murder those of us who 'make him look bad', like Comey ...who, as happens in true dictatorships, was once a fine loyal fellow -- until he went rogue and is now the object of speculation by trump's paid agent Giuliani on how he could be murdered with no legal consequence -- all very early-stage dictator symptomatic. I await the kidnapping charges against trump for holding children hostage with the stated criminal intent of forcing Congress to pay the ransom he demanded which he stated that when paid, would result in his freeing the captives, the ransom being the criminal, anti-Constitutional goal of forcing Congress to let him dictate a law about his wall. Just the one law, you understand. Just like he can murder just the one man, Comey, and like it's only the Senators and Reps who refused to stand and honor him ( on the request of their constituents to so refuse) who are guilty of "may I say, Treason", not we who told them to not honor him -- just like it is only foreign children who will be taken ... Topple. Oust. Call to account. Impeach. It's the in the law.
Len (Pennsylvania)
No matter what one's political position on on Judge Brett Kavanaugh's nomination to the Supreme Court, doesn't it say how far our political process has fallen when Mitch McConnell's strategy and advice to Donald Trump is not to pick the candidate with the most extensive judicial track record because it might elongate the hearings to after the mid-term elections. So the most experienced judge in the group should not get the nod because he has a record that can be scrutinized. Isn't that the job of the Senate, to advise and give consent? As for Rod Rosenstein, I think his recommendation is practical and reasonable. He's not trying to obstruct the deliberative process, only expedite it.
Len (Pennsylvania)
And one, Marcus Aurelius, that would rule favorably on criminal matters that might involve Trump should the matter come before The Supremes. It's not as if Donald Trump carefully examined Judge Kavanaugh's record in making his decision.
tom harrison (seattle)
Perhaps, Mr. Rosenstein is trying to find any and all dirt on Kavanaugh before the press finds something and embarrasses the president.
tom harrison (seattle)
As a liberal, I find it quite sad and telling that no one on the Dem side has half the brains of McConnell. In just the last couple of years, he has accomplished more for the Republicans than Schumer/Pelosi have for the Dems with their entire careers.
Howard64 (New Jersey)
contrary to many of the comments here, it seems to me that getting more people involved in the vetting is aimed at getting through the process faster. there is no indication that the vetting will be real vetting vs a check off item. a real vetting of such a character would take years unless he is tossed aside early.
ChesBay (Maryland)
Howard--The faster we get the negative information (that is clearly there) to the Democrats, the easier it will be for them to make their case. Go get 'em! There's a lot of really negative stuff to go through. And, let's make it available to the public, so we can get public opinion behind the effort to stop the confirmation of this obvious monster.
V (Baltimore)
The "vetting" is just guttering materials for the hearings, it's not DoJ's responsibility to judge his qualifications. That being said, with 20,000 documents that need to be reviewed and a short deadline, Rosenstein is just trying to get as much help as he can.
ChesBay (Maryland)
V--Correction: he is just trying to GIVE as much help as he can, and has many experts who an go through these documents faster than scat. Bravo!
Margot LeRoy (Seattle Washington)
Frankly, the inspection of Trump nominees should have been done in a much more professional manner than it has. Kennedy resigns and what, 7 days later he nominates..Who vetted Pruitt??? Who vetted, Flynn, Scarmucci, Rob Porter???? This is a lifetime appointment-- if he is to be on our court for decades, then let some people spend some real time making sure he belongs there... Trump is not the sharpest tool in any shed, to quote my immigrant Grandfather......People with great judgement do not go bankrupt as often as he did..He is far more invested in protecting himself than he is shaping a real legacy court for America. This is OUR court--not any President's .....Let's go carefully into a place that gives us confidence for our future--not possibly his legal woes.
Steve (New York City)
Very good points. Normally, the Senate is supposed to be independently vetting cabinet officials, but because of partisan politics (and many GOP Senators afraid of losing support from the Trump base) approved Pruitt, DeVos, Mnuchin and others, despite the majority of them having no experience to do their jobs. Obama warned Trump about Flynn, and the FBI warned him about Porter. Trump doesn't seem to take any advice from anyone, so he takes these people on, regardless of consequences.
Emergence (pdx)
Rosenstein's request for investigative assistance of Kavanaugh-related documents is legitimate and important. There are many reasons to be suspicious of Trump's SCOTUS nominee having to do with the investigations of the Trump administration and Trump himself. Any partisanship bias here is far outweighed by the objective and scholarly concerns among those who know that the direction our government is moving in is the opposite of, "...in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our Posterity..." (preamble to the U.S. Constitution). Just look what is happening to our country.