Possible Rosenstein resignation or ouster would severely test rule of law in US, professor says
LAWRENCE — Rod Rosenstein, deputy attorney general, is expected to leave his position, media outlets are reporting, and he will meet with President Donald Trump Thursday to discuss his future. The news comes after it was reported last week he considered invoking the 25th Amendment and secretly recording President Donald Trump to expose chaos in the White House.
Rosenstein has been an ardent supporter of special counsel Robert Mueller. If he does leave his post, it will create a number of legal questions, including whether Trump will move to terminate Mueller or end the investigation. Richard Levy, J.B. Smith Distinguished Professor of Constitutional Law at the University of Kansas, is available to speak with media about the legal issues surrounding Rosenstein’s possible resignation or removal from office. He can discuss the constitutional and statutory provisions applicable to the appointment of Rosenstein’s replacement and the implications of these events for the Mueller investigation and other Justice Department inquiries into the president’s conduct. In addition, he can clarify the applicability of constitutional mechanisms for removal of the president, including the 25th Amendment and impeachment provisions.
“The resignation or removal of the deputy attorney general would severely test the rule of law in this country,” Levy said. “Although such a step presents a number of important and difficult legal questions, the more significant questions are political — specifically whether congressional Republicans will accept a Trump loyalist as his successor or take steps to protect the Mueller investigation.”
A nationally known teacher and scholar of American public law, Levy has been a faculty member at the KU School of Law since 1985 and received his law degree from the University of Chicago School of Law. He previously served as a clerk for Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit. He is a scholar with a prolific research publication record in legal journals on topics including federalism, judicial review of administrative agencies and constitutional law.
To schedule an interview, contact Mike Krings at 785-864-8860 or mkrings@ku.edu.