USA Today (Op-Ed): What happens to the Robert Mueller investigation when Rod Rosenstein leaves?

‘With Mueller’s strongest defender out of the way and Barr installed as attorney general, Trump may finally succeed in firing Mueller.’

Deputy Attorney General Rod Rosenstein’s plan to resign from the Justice Department, after expected Senate confirmation this month of President Donald Trump’s attorney general nominee William Barr, adds new urgency to the need for Congress to take steps to protect special counsel Robert Mueller.

For nearly two years, Rosenstein has filled a critically important role at the Justice Department: overseeing and safeguarding the independence of Mueller’s investigation of Russian government interference in the 2016 presidential election — and possible obstruction of the investigation by Trump.

We believe Trump has interfered with and obstructed the Russia investigation since its inception. The investigation was initially overseen by former FBI Director James Comey, whom Trump abruptly fired in May 2017. Trump also criticized and eventually fired former Attorney General Jeff Sessions, who recused himself from the Russia investigation due to his own role on the Trump campaign and numerous meetings with Russian officials during the campaign. Since Rosenstein appointed Mueller as special counsel, Trump has relentlessly criticized Rosenstein for allowing the investigation to continue.

Now, Trump has nominated Barr to be our nation’s next attorney general. Last year, Barr sent an unsolicited memo to Rosenstein at the Justice Department criticizing Mueller’s investigation into whether Trump unlawfully obstructed justice when he fired Comey.

With Mueller’s strongest defender out of the way and Barr installed as attorney general, Trump may finally succeed in firing Mueller and shutting down an investigation that has produced nearly three dozen criminal indictments or guilty pleas and multiple convictions.

The U.S. intelligence community concluded that Russian President Vladimir Putin ordered a campaign to “undermine the U.S.-led liberal democratic order” and “public faith in the U.S. democratic process” with a “clear preference for President-elect Trump.”

Mueller’s investigation of those attacks must be allowed to continue, following the evidence wherever it leads. The American people are entitled to answers and accountability. A bipartisan group of senators is reintroducing legislation to protect the Mueller investigation — legislation that Senate Majority Leader Mitch McConnell blocked last year. Americans are closely watching how Congress will respond to the pending threats to the Mueller investigation with Barr’s nomination and Rosenstein’s departure.

With the 2020 presidential election on the horizon, we must put country before party to hold accountable those who undermined the 2016 election and to protect the integrity of our future elections. No less than our democracy is at stake.

Paul Seamus Ryan is the vice president of policy and litigation for Common Cause. You can follow him on Twitter: @ThePaulSRyan.