WASHINGTON – Deputy Attorney General Rod Rosenstein's fate remained in doubt Monday as President Donald Trump scheduled a Thursday meeting with Rosenstein to discuss his tenure amid reports that he had discussed invoking the 25th Amendment last year to remove Trump from office while raising the prospect of wearing a wire to gather evidence of the president's erratic behavior.
"I look forward to meeting with Rod at that time," Trump said in New York where he was attending a meeting of th United Nations General Assembly.
The Thursday meeting, first announced by White House spokeswoman Sarah Sanders, came during a day of fast-moving developments in which Rosenstein's status was unclear for hours after being summoned for a meeting with chief of staff John Kelly.
"I look forward to meeting with Rod at that time," Trump said in New York where he was attending a meeting of th United Nations General Assembly.
Rosenstein left the Justice Department expecting to be dismissed, according to a person familiar with the matter, only to return to the department in the early afternoon–his status unchanged, at least for now.
The Monday White House meeting followed a Saturday discussion between Kelly and Rosenstein in which the deputy attorney general's possible resignation was discussed, said the person who is not authorized to comment publicly.
On Monday, Sanders said Trump had an "extended conversation (with Rosenstein) to discuss the recent news stories."
"Because the president is at the United Nations General Assembly and has a full schedule with leaders from around the world, they will meet on Thursday when the president returns to Washington, D.C.," Sanders added.
Rosenstein suggested invoking the 25th amendment against Trump in the spring of 2017, at a time when the White House had been plunged into chaos after the firing of FBI Director James Comey. The account was first reported Friday by The New York Times.
In meetings with about a half-dozen other top Justice and FBI officials, Rosenstein also proposed wearing a recording device in future encounters with Trump to gather evidence of his erratic conduct.
The discussions were memorialized in memos authored by one of the meeting participants, then- acting FBI Director Andrew McCabe.
Another party to the meeting, who declined to be identified, remembered the reference to using a wire. But the person described Rosenstein's comment as "sarcastic" and said that there was no real intention of recording the president.
Rosenstein has said strongly denied The Times account.
The uncertain fate surrounding Rosenstein Monday prompted deep concern for the future of the ongoing investigation into Russia's interference in the 2016 election led by Justice special counsel Robert Mueller, who was appointed by Rosenstein and whose work is managed by the deputy attorney general.
Already, speculation swirled over who would assume Rosenstein's responsibility for the Russia investigation. According to the Justice Department, Solicitor General Noel Francisco would be in line to assume management of the investigation.
While some Trump allies have demanded Rosenstein's removal, his dismissal would generate condemnation from lawmakers who believe the president's real goal is to fire Mueller.
Trump said over the weekend he was awaiting "facts" before deciding what to do with Rosenstein.
“I haven’t gotten all the facts, but certainly it’s being looked at in terms of what took place - If anything took place," Trump told radio talk show host Geraldo Rivera. "And I’ll make a determination sometime later, but I don’t have the facts."
Trump had long criticized Rosenstein in large part because he appointed Mueller to investigate any links between the Trump campaign and Russians who sought to interfere in the elections.
Rosenstein has the authority to fire Mueller, but consistently voiced strong support for Mueller's work.
For months, aides had talked Trump out of moving against Rosenstein, but then came the Friday bombshell first published by The Times.
In a statement Friday, Rosenstein said the Times story was "inaccurate and factually incorrect.”
He also said that based on his personal dealings with Trump, "there is no basis to invoke the 25th Amendment.”
That amendment to the U.S. Constitution, ratified in 1967, created a legal mechanism for designating a head of state when the president is disabled or dead. It also formalized the historical practice for the vice president to permanently take over if the president dies or resigns and gives the president and Congress shared power to replace a vice president.
Congressional lawmakers, including some Republicans, have long warned Trump not to fire Rosenstein or seek the removal of Mueller, saying it would look like an attempt to obstruct justice in the Russia investigation. Some suggested that could trigger calls for impeachment.
"This New York Times report must not be used as a pretext for the corrupt purpose of firing Deputy Attorney General Rosenstein in order to install an official who will allow the president to interfere with the Special Counsel’s investigation," tweeted Sen. Charles Schumer, D-New York, the chamber's top Democrat.
"If the President were to move in any way to undermine or interfere with the Special Counsel’s ongoing investigation, it would appear to be the actions of someone who knows he is guilty of crimes and cannot withstand an honest investigation," said Rep. Jerrold Nadler, D-N.Y., top Democrat on House Judiciary Committee.
At that point, Nadler said, "all options would have to be on the table."
Trump's anger at Rosenstein has been long and lasting.
After Comey's dismissal in May 2017, Rosenstein appointed Mueller as special counsel in charge of the Russia investigation, a decision Trump has criticized in the 16 months since.
Trump's anger at Rosenstein and Mueller flared anew April 9 after prosecutors raided the office and home of his private attorney, Michael Cohen. While the U.S. Attorney's office in New York carried out the raid, it was based in part on a referral by Mueller's office.
Aides said the president regarded the raid as a violation of his right to attorney-client privilege.
Trump and aides also noted that Rosenstein signed off on the search warrant regarding Cohen.
Some congressional Republicans had urged Trump to fire Rosenstein, arguing that the deputy attorney general failed to provide documents in a timely matter related to their investigation of the FBI's conduct in the Russia inquiry.
Other Republicans had said they were confident Trump would not take steps to remove Rosenstein or Mueller – until Friday's news dump.
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