rod rosenstein to do that? >> you know, i think he might let him stay because he already has effectively sidelined him from the decisions the president's going to care the most about. because whitaker did ignore this advice from ethics officials and now is in charge of the probe, all the reporting shows that rosenstein is still overseeing it on a day-to-day basis but any big decisions like whether a report is made public would go ultimately to the acting attorney general. so the president already has someone in place that will make a decision at least that he thinks will make the decision he wants. i imagine he thinks the same thing about bill barr. so i think if rod, you know, manages to stay on as long as he seems to want to it's because the president thinks he's already somewhat rigged the game. and i will say according to pete's reporting he wants to stay, you know, kind of until the investigative steps are done but then would leave before this report kind of comes up to the attorney general. and to me that

fired. >> after the midterms rod rosenstein is on his way out. >> of rod rosenstein if i too. >> the deputy attorney general might be fired by the president. heather: the protector of the mueller probe leaving on his own, not unusual but what does this mean for the mueller probe? >> what a lot of democrats are missing is matt whitaker has been the acting attorney general for the last two months and he has not recused himself from the mueller probe. i actually think supervision got transferred to the ag's office two months ago and i don't think rod rosenstein is having anything to do with it. >> there is this other thing, jim jordan renewing calls, allegations rosenstein once them to testify over claims he wanted to secretly record donald trump. >> when a house of congress is engaging in its constitutional authority to do oversight the executive branch has an obligation to respond including rod rosenstein who has an obligation to testify at the house is investigating what happened. if he refuses to do it the only thing they can do is issue a subpoena for him and the problem the house

take us through rod rosenstein is face inspecttersecting with roads with the president. >> rod rosenstein is a government employee, and career prosecutor who served as a u.s. attorney. i think his first and foremost commitment is the to the rule of law and constitution. he sees himself duty-bound to protect that even in the face of withering criticism and pressure from the white house to constrain bob mueller. i think rosenstein probably regrets the fact he was somewhat manipulated early on into writing that memo outlying rational for firing the fbi director. once he realized the president had that agenda all along to shut down the russia investigation, i should say, i think rosenstein pivoted very smartly, appointed bob mueller, did the right thing, and since then has been in the mode of protector. i share frfrank's concern about rosenstein's departure. there's reporting tonight perhaps when bill barr is confirmed and the mueller report comes together, that would be the moment that rosenstein would step aside. maybe that means that perhaps within the next 45 to 60 days, we could see the

obviously rod rosenstein is invested. obviously you are pleased, many democrats are pleased with how he has handled it so far. so he knows all of that. so does the fact that he is ready to leave mean that he thinks that bill barr can, you know, successfully oversee this? >> hard to say. i have a real hard time interpreting the news that you've just broken in terms of what it means. but what i do know is this with certainty. the stakes of the judiciary committee hearing and in particular the inquiries to the nominee about what he will do with this investigation, will he allow it to complete? he will enable it to have the resources it needs, and he will make sure that the results are available to congress and the american public, those questions assume greater importance. >> okay. so for his confirmation hearing, will you ask him directly will you allow congress to get a report? will you allow all of this to continue? and if he says yes and yes, then is everything copia set tick. >> well, i've offered to meet with the nomin

rosenstein, podesta, mueller, hillary, but that's rod rosenstein in that picture and that's a little bit more direct, this is from december from 2018, isn't rod totally conflicted? he signed the fisa warrant. it's stayed the course. here's what's interesting. you assumed, okay, you see the date on this, this is an unbelievable piece that if you have people haven't read, go read it. rod rosenstein during conversations at the white house secretly suggested they record donald trump and floated the idea of the 25th amendment, basically a majority of his cabinet removing him from office. rosenstein said he was joking and this didn't really happen the way this was reported out. everyone assumed he would get fired by trump days after this. he wound up not. so who he is making way for? william barr. attorney generals always a hard one to get through particularly in the trump administration with this investigation ongoing. he's an old-school republican, served in past administrations and i do think when you have rosenstein saying, all's well here, i'm going to head out, this is not being forc

rosenstein. >> rod rosenstein. ladies, stay with me. we've got to move from that to paul manafort and the incredible news that's come out in the last 24 hours. the stunning revelation that the former campaign chair may have shared information relating to the 2016 campaign with a russian operative tied to the kremlin. what this means for trump's argument that there was no collusion? >>> plus, the man who was expected to be the next attorney general is making the rounds on capitol hill today speaking of hear what william barr told lawmakers about whether the mueller investigation should continue. 'cause that's no so-so family. that's your family. which is why you didn't grab just any cheese. you picked up new kraft expertly paired mozzarella and parmesan for pizzahyeah! kraft. family greatly. we used to play so beautifully together. now... we can barely play anything... even cards with the girls. (vo) if you have bent fingers and can't put your hand flat, talk to your doctor. it may be dupuytren's contracture. (hand)

i want to get your reaction on the news about rod rosenstein. does his departure in your mind raise the stakes or increase the need to pass legislation protecting robert mueller? >> i really think so. thank you very much for having me. i do believe that we need to act in the congress to protect this investigation. we are hearing more and more every day how great this threat to this great democracy is all about. so we must protect that investigation. we must protect the product. it is already produced. hopefully continue to move forward to make sure we root out what it was that we were confronted with two years ago and to make sure that we do not fall victim to that going forward. so, yes. we ought to protect this investigation and we should do it legislatively. >> you have heard some newer members call for impeachment and soon using rather colorful language. as a membership of leadership what's your message to them? >> that we should not get out in front of this investigation. protect it, let it go forward. get the product that's produced from i

rod rosenstein will probably come in and of his own accord and testify. here's the other thing you have to remember -- >> harris: it has been has sent out ahead of a subpoena. so i understand he would support congressman jim jordan and other republicans would want to talk to rod rosenstein. just real quick. >> here's the thing -- i think this is going to be very short hearing. you mention, "the new york times" report about him talking about wearing a wire with the president and all that. "the new york times" reported that it was a joke, and that it was said sarcastically. >> harris: "the new york times" was not in the room, though. if you went by what all the reporter said about a case, you wouldn't have hearings for people. because i wasn't one of your criteria. it doesn't matter what harris faulkner or another reported seas. you said you had certain criteria and it sounds like you would apply to both rosenstein in this case and whitaker. >> no, what i'm suggesting is it's going to be a very short hearing, harris. because if he says "i was just joking,"

. >>> deputy attorney general rod rosenstein plans his exit, what does it mean about how soon the special counsel investigation could wrap up. one of the big questions in that russia probe. good morning, come to "early st" >> how many times when you were young did a grandparent kind of offer candy to set the tone? president trump did just that only he forgot that it is not grandkids, it is fellow grandparents. he offered baby ruth, skittles, m and ms. president trump is bound for the city of mcallen, texas as the shutdown enters day 20. he is traveling even though according to the "new york times" he said during an off the record meeting with network anchors tuesday that the border visit is, quote, not going to change a damn thing but i'm still going to do it. >> in that same spirit yesterday the president walked out of his third meeting with house speaker nancy pelosi and chuck schumer. afterwards he defeated that t t meeting was a total waste of time. how is somehis how senator schu recalled the sitdown. >> he asked nancy pelosi will he you agree to my wall. she said no. and he said the

by the way, the country owes a debt of gratitude to rod rosenstein. he is a friend, but he's also someone that the country, i think, has come to respect in his position. he presided over the recusal of an attorney general, the firing and hiring of an fbi director, and also come the most important to come of the appointment counsel. all of those things, he held together during tumultuous times at the deferment of justice. it's a significant event, but in the ordinary course, it would be expected that a new attorney general would have a new deputy. particularly so, given the fact that rod rosenstein was the acting attorney general in charge of the mueller investigation during all of this time. it's a little bit of an awkward situation to have rod rosenstein continue when the new attorney general, who will not be recused, will be ultimately then responsible for supervision of the mueller investigation. >> harris: so, basically, a man taking a man's job. >> right. >> harris: how does this change the investigation? >> no surprise, i don't really think it's

who began his career under rod rosenstein in maryland. so you say that you've disappointed he's leaving. i wonder if you're concerned that his departure threatens the future of this investigation. >> yeah. you know, i certainly hope that this is, in fact, voluntary, but i worry that it's not. rod rosenstein has been a career prosecutor, literally a year out of law school he joined the justice department and has dedicated every day since to that calling. and i hope that it's because the mueller investigation is far enough along, but it does inject a level of uncertainty when certainty is already in short supply. this investigation has been rocky and tumultuous and under fire from the president from day one. rod has almost single handedly been the shield to that, so it is a little bit worrisome that he is leaving before the results of it are public. >> so you last spoke to him, as i understand it, about six months ago. a lot has changed in six months and a lot has stayed the same. he has remained a focus of the president's ire over the prob

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. >>> rod rosenstein planning his exit, what does this mean about how soon the special counsel investigation could wrap up. >>> increasing backlash for grammy-award winning singer r. kelly, the overnight statement from lady gaga taking a stand for his alleged victims. good morning, come to "early s." >> it is thursday, january 10. and president trump boards air force one this morning bound for mcallen, texas as the shutdown ente enters day 20. he is traveling even though he said during a meeting with anchors tuesday afternoon the border visit is, quote, not going to change a damn thing, but i'm still doing it. >> in that same spirit why i had, the president walked out of his third meeting with nancy pelosi and chuck schumer. afterwards, he defeated thathe meeting was a total waste of time. how is how senator schumer recalled the sitdown. >> he asked speaker pelosi, will you agree to my wall. she said no. and he just got up and said then we have nothing to discuss and he walked out. again, we saw a temper tantrum. he said if i open up the government, you won't do what i want. that is cruel. >

all of that is putengszally at threat with rod rosenstein leaving. rod started out, i think, with unsure footing. but has by all accounts protected the integrity of these investigation let them proceed and now there are threats to them. >> what are the threats? i think that dchd depends on how one view william barr? >> right. so there's two different branchs of the investigation. one is the special counsel and the other are the justice department investigations and the southern district and so on. both will be controlled by the attorney general. so the mueller investigation, under the special counsel regulations i had the privilege of drafting 20 years ago, put the attorney general in charge. meaning whitaker or barr in the should stop any aspect of the investigation. could say you can't indict don jr. or whom ever and can say that final report that mueller will issue can't be given to the congress in its full report or even any part of it or to the public. so all of that think congress may have mechanisms to get at but we have to worry that the inve

i think rod rosenstein would fight to make that happen. he has vigorously protected the independence of the investigation, so i do have great concerns about his leaving and what will be left in his wake. >> and just briefly, sir, do you have any insight into how close mueller is to finishing? some very provocative reporting from nbc news' pete williams on that day bolstered by some reporting in "the washington post" from carol leonnig. both of those stories suggesting tonight that there at least is a widespread belief by people close to the investigation it, a, is ending, and, b, there will be a report from mueller. do you share that impression or do you have any information you can share with us about that? >> i think it's very hard to say. and even if people had a good source for that speculation or more than speculation, it may not prove to be accurate. all we really do know is that the grand jury was extended for another six months. i don't think that would be done if there wasn't at least some potential of future indictments. of cours

we are learning from a source that deputy attorney general rod rosenstein who appointed robert mueller and his office still manages the russia investigation on a daily basis planning to resign. jessica schneider is here with us on this. do we know anything about the timing of this or what this is going to mean for the special counsel's investigation? >> brian a it could mean a lot, but the timing here is not set in stone. rosenstein will likely step down in the next month or so and is planning to leave the justice department when the president's pick for attorney general william barr is likely confirmed and with the confirmation schedule that would be by mid-february at the earliest. rosenstein has long seen this coming. he's signalled that he would leave his post and mueller's investigation was complete or close to complete so that really the probe was protected. of course, rosenstein has overseen this russia investigation. he appointed robert mueller in may 2017 and he's given the special counsel broad leeway to follow the probe wherever it may lead including paul manafort's finances

rod rosenstein. three and half months ago, it is reported in all the mainstream press that rod rosenstein said to subordinates he was thinking about wearing a wire to record the president. >> ed: and may be invoked the 20 for the men meant. he kept saying he couldn't testify, he was busy. >> when we did have james baker, former chief counsel of the fbi, we asked him about rod rosenstein's statements and what he heard and james baker fbi chief counsel said, he thinks rod rosenstein was serious about those two things and we sent a letter yesterday, we want rod rosenstein to come in. we haven't heard from him about that but we got a big press release about michael cohen come a convicted, coming into the committee. >> ed: thank you so much. did cnn's jim acosta accidentally prove that border walls work? getting mocked across social media for a video. in his defense, the tweet, if the barrier he reported on today works, maybe there is not a crisis as the president claims. plus, one lawmaker is giving back

right after the break, rod rosenstein is leaving the justice department. is the mueller investigation in jeopardy without him? witho hut. with moderate to severe crohn's disease, i was there, just not always where i needed to be. is she alright? i hope so. so i talked to my doctor about humira. i learned humira is for people who still have symptoms of crohn's disease after trying other medications. and the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. be there for

we begin with the end game for rod rosenstein. laura jarrett is there. he lasted a long time in this role, two years when you look at history and how long people hold those roles and he didn't get fired. >> that's right, poppy. there were certain times when we were not sure exactly what the future held for the deputy technology rod rosenstein but i'm told that someone familiar with his thinking that he is expected to leave once bill barr the president's permanent nominee for attorney general is confirmed, some sometime soon thereaft thereafter. the timing hasn't been nailed down and i'm told he's not being forced out but he's informed the white house of his thinking and he wants to ensure a smooth transition for barr assuming he is confirmed. the reason rosenstein is a household name is because he appointed mueller the oversee the russia investigation in may 2017. so the big question is does this new news signal that the russia investigation is finally coming to a conclusion? a source tell miscolleague evan perez that rosenstein has signalled to other of

don't you find it a little odd that in that piece rod rosenstein is not mentioned, yet it was rod rosenstein's letter that was used to fire comey. so if that piece is right, that the firing of comey incited some big counterintelligence investigation, why was the investigation focused on trump? why not investigate rosenstein? you and i know the answer -- judge: of course we do. >> this had nothing to do with rosenstein and everything to do with donald trump. judge: and the amazing part, rosenstein announces he's going to retire, and there's no consequence. bye, rod, we'll give you a watch, we'll see you in a few i don't understand why he's getting away with it. but the answer is when the president releases the fisa warrant and declassifies it. it's gotta be done. i just, i'm dying to know what it is about this guy. but let me ask you this, i mean, when we talk about what is going on right now, you were in the secret service. i mean, you were in law enforcement before that. immigration. what is going on, and why do the democrats allow this to continue? and i'm not even talking about the politics

rod rosenstein planning to leave. today, our correspondent asking the president's new pick for a.g., will he protect the mueller probe? what he said. >>> new developments tonight involving r. kelly, after that docuseries and the disturbing allegations. authorities visiting his recording studio. >>> the woman seen on surveillance, at first, police were told she stole the car and the baby inside. but tonight, what police are now saying about the baby's father, the woman getting into that car and this question -- where is the baby? >>> the divorce making news. he's worth a reported $137 billion, and now jeff bezos is getting divorced. his own message tonight about it all. >>> and the man charged with stealing his roommate's scratchoff ticket worth $10 million. >>> good evening. and it's great to have you with us here on a very busy wednesday night. we have several developing stories, but we're going to begin with that clash at the white house late today. the president addressing the nation last night in the oval office,

maria: so quick sarah deputy attorney general rod rosenstein announcing he is expected to departure department of justice agency officials telling fox news he wants to assure a smooth transition for incoming attorney general nominee bill barr what is administration response it clearly -- rod rosenstein was very much a part of okaying go ahead on warrant to spy on somebody from the trump campaign. >> i am not under any impression that he was pushed out or asked to leave by the white house, i know that he wanting to stay around two years he is very close to hitting that mark, we've got a new incoming attorney general somebody that my understanding is he has a great relationship with, has a lot of respect for, and wants to step out of the way let him build his own team around him, but wants to stay on make sure orderly transition as we move forward in this process, but i will leave all of those details that a announcement to come directly from department of justice and deputiening to. >> sarah good to see you this morning. thanks so much. >> great to see you thanks, maria. >> sarah sanders at whi

. >>> deputy attorney general rod rosenstein is stepping down after months of speculation about his future at the justice department. rosenstein has been overseeing special counsel robert mueller's investigation into russian meddling. paula reid has more on how this could impact the inquiry. >> reporter: deputy attorney general rod rosenstein reveals he will step down once the president's attorney general nominee, william barr, is confirmed. rosenstein is a key player in the russia investigation, directly overseeing the work of special counsel robert mueller. since appointing mueller in may of 2017, he's been a target of the president's criticism. he even re-tweeted an image of rosenstein behind bars, suggesting he was a traitor. the white house insists rosenstein is not being fired. >> i don't think there's any willingness by the president or the white house to push him out. >> reporter: barr told the white house he wanted his own deputy attorney general but praised rosenstein during meetings with senators on capitol hill. >> how do you assess the job that mr. rosenstein has done? >> exce

plus big developments in the special counsel investigation, one is was rod rosenstein making plans to leave his post as deputy attorney general. his mueller probe has infuriated the president. another is court documents that sharing internal polling data with a russian for the 2016 campaign. >> why all of the secrecy? why all of the lies and most serious, why is the campaign chairman for a u.s. presidential candidate providing campaign polling data to someone linked to a foreign adversarial intelligence agency? >> back to that in a moment, but we begin with a new and important promise today from president trump's choice to be the next attorney general. a promise delivered just as we learned the man who currently oversees robert mueller's russia investigation is heading for the exits. a source confirming to cnn the deputy attorney general rod rosenstein plans to leave the justice department in the near future. that has democrats nervous because rosenstein has weathered the president's fuhry and defended the mueller probe. democrats worry that ag nominee william barr won't protect the s

>> i completely agree with rod rosenstein. i thought the important point he made from my standpoint was not the particular usurpation that occurred, but that comey didn't recognize that that was a mistake so it was going to potentially be a continuing problem that his appreciation of his role vis-a-vis the attorney general. >> as i said, the title of the memo is restoring public confidence in the fbi. do you agree that restoration of public confidence in the fbi and department of justice as an apolitical or nonpolitical law enforcement organization is important? >> it's critical. that's one of the reasons i'm sitting here. i would like to help with that process. >> i think you're uniquely qualified to do that. i wish you god speed. >> thank you, senator. >> it couldn't be more important. >> thank you. >> mr. barr, we never had a chance to meet, but i welcome you to this committee. you seem like a rational person. i would like to ask you a question. when you consider what jeff sessions went through as attorney general for presi

. >> it seems as though the fbi started this before robert mueller was appointed by rod rosenstein. >> and mueller took it over and merged to an extent the counterintelligence and the criminal investigations. josh campbell, you were there at the time, first of all, explain to us or verify what you can about this reporting. >> caller: yes. so john, i have to be obviously very careful with information that i talk about, that i knew when i was in the fbi. as you mentioned, you know, working for director comey, after he was fired i continued on in my role as a special assistant to the director. so, again i mention that just to say that any fbi employee takes an oath that they won't divulge certain things. i will say, though, speaking hypothetically about the mechanics and the impact of such an investigation, i think first of all it's important for the viewer to understand the mechanics. so for the fbi to open an investigation of any kind, the threshold is actually quite low. you need information or an allegation that there's been some type of violation of federal law, which is a very low

rosenstein said he believes it happened, he believes rod rosenstein was in fact talking about wearing a wire, talking about invoking the 25th amendment and we've head to have rod rosenstein in front of our committee to answer our questions so that the american people can know exactly what was happening at the highest levels of the justice department in that critical moment. maria: why not? >> i don't know why. we're going to keep pushing. maria: well you got close at the end of last year, and then paul ryan didn't want to do it. they didn't and that's unfortunate. we'll see what happens with the democrats. i hope they bring him in. maria: will barr be forced to recuse himself from the mueller investigation? >> i don't think he should. he's going to be the new attorney general. i think he's indicated to senators he's going to allow the mueller investigation to conclude. we hope that happens soon, because again we haven't seen any type of coordination at all there yet, and i don't think we will. i don't think there was any. but i think he should be in charge, he's the attorney general a

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they were going to take it away from rod rosenstein's anyway. it's in whitaker hands right now because is he acting. ainsley: 12 minutes after the hour. embattled sheriff scott israel was slammed for his response to the parkland school shooting. reports are swirling that he is going to be suspended. governor ron desantis is set to make that call. he is coming in and talk to brian and set the record straight next. brian: not halloween why is this guy dressed up as a giant. you are not going to believe it. ♪ i would do this for you ♪ baby i'm not moving on. ♪ love you long after you are gone. ♪ for you ♪ to help you maintain balance and help keep you active and well-rested. because hey, tomorrow's coming up fast. nature's bounty. because you're better off healthy. [indistinct conversation] [friend] i've never seen that before. ♪ ♪ i have... ♪ ♪ >> this is a humanitarian crisis, a crisis of the heart and a crisis of the soul. this is about whether we fulfill our sacred duty to the american citizens we serve. to every member of con

so, michael, let's talk about the deputy a.g., rod rosenstein. he's planning to leave the justice department shortly after trump's nominee, a.g. william barr is confirmed. is this a sign that mueller's investigation is close to wrapping up, you think? >> i think it could, yeah. i think the reports indicate that rosenstein wanted to stay through the end of the mueller investigation, and there's reason to believe that mueller is in his end game, that, you know, we could be -- he could be wrapping up in the next month or so with a report ready by march. and rosenstein would stay through the end of it. i think, you know, he's invested in it. he named mueller. but once bill barr is confirmed, he's going to be the guy in charge, and, you know, rod rosenstein knows that, and i thunk he's just going to turn it over to barr. >> laura, president trump will not answer any more questions of the special counsel, any of mueller's questions. that is according to rudy giuliani, speaking to reuters. can his team call the shots like that? >> well, i think the reas

. >> he thinks about firing deputy attorney general rod rosenstein. >> a lot of people thought rod rosenstein was going to get fired. >> if rod rosenstein is fired too. steve: turns out rod rosenstein leaving on his own terms. not fired. judge napolitano on that next. brian: that's a picture. that's not the judge smiling. forget everything you know about being a man. it's now reportedly harmful to your health. i don't even know much about being a man now i should forget the little i know ♪ macho, macho man ♪ i've got to be a macho man. ♪ i got to be a macho, macho man ♪ i've got to be a macho. ♪ macho, macho man your enamel is very precious. acidic foods can wear away your enamel. your tooth is going to look yellower, more dull. i recommend pronamel because it helps protect and strengthen your enamel. it's pro enamel. it's the positive thing. ♪ you see clear skin. cosentyx can help people with moderate to severe plaque psoriasis find clear skin that can last. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections an

lou: deputy attorney general rod rosenstein, the man overseeing special counsel robert mueller's probe will leave the justice department in coming weeks. e plans to exit after william barr is confirmed as attorney general and stay through the transition. dod official tells fox news there's no reason to think the timing of rosenstein's departure is in any way connected to the mueller probe. joining us now, attorney and former member of the oklahoma house of representatives cleta mitchell. we need you to make sense of what rosenstein is allegedly doing, three different accounts of his plans. and i'm not entirely sure of the sources. your thoughts. >> well, my understanding is that he has said that he is going to step aside once mueller's report is delivered to the department and i think that's probably a good thing for william barr's confirmation hearings. because rosenstein would be an issue in the barr confirmation hearing that i guess is scheduled for next week. the democrats would all be trying to get barr to pledge that he was going to not interfere with rod rosenstein and not fire

and new reports deputy attorney general rod rosenstein may leave the justice department within weeks after the mueller report is finalized according to some of the reporting. in addition to overseeing the witch hunt, rosenstein has suggested secretly recording the president. he says he was being sarcastic, invoking the 25th amendment to remove the president from office. he says he was kidding. and if he signed the extension of the fisa warrant to spy on former trump campaign aide carter page. and reeling from rosenstein's pending departure, chuck schumer made a desperate plea asking the president to withdraw william barr's nomination as attorney general. >> mr. rosenstein's potential departure only heightens the stakes for mr. barr's nomination. from all accounts, mr. rosenstein has been an impartial actor at the head of the special counsel's investigation. now president trump is trying to replace folks like mr. rosenstein with conflicted loyalists like matthew whitaker and william barr. i still believe after the revelations about mr. barr's unsolicited memo, president trump ought to

even rod rosenstein himself. all of those people, when you ask yourself now, where they acting in good faith? there is a lot of evidence to suggest that they were not acting in good faith. in the case of rod rosenstein come he says he was joking when he joked about wanting to wear a wire to go see the president. the fact of the matter is, who makes a joke like that? in which atmosphere do make a joke like that except a doj that in a posture to get this guy, to get this president. >> ed: democrats have overshot many times. on the other hand, people inside the white house assume there was no "there" there, and they were not right either. >> we have also been told the mueller report is coming. now we are saying february. the next battle is going to be about the actual release of the mueller report. the white house seems to be their legal strategy is going to be that this is going to be protected by executive privilege and remember, the attorney general makes the decision on whether to send the report to congress. we

so it shouldn't be a surprise that rod rosenstein would be leaving. this is not necessarily a knock on him. it is a natural and understandable and professional desire on the part of the likely incoming attorney general, bill barr, to have his own team of people whose intellect and industry he knows and trusts working closely with him. don't be surprised if rod is not the only one to go. right below rod rosenstein are about four very senior people, appointed by the president, and confirmed by the senate. but never without the consent of the attorney general. i think bill barr's going to want to replace them as well. maria: and are you confident that he will get confirmed, judge? >> oh, yes. he has a lot of support on both sides of the aisle. he was an attorney general in an era of great bipartisanship under be president george h.w. bush. he has as many democrats that like him as republicans. i'll tell you what the issue will be at his confirmation hearings. can you be fair with bob mueller because you criticized him publicly, long before you knew you w

did you make it a condition of taking this job that rod rosenstein had to go? just to be clear so we're not bandying words here, did you request or signal or otherwise communicate in any way that you wanted rod rosenstein to go? >> no. the president said that the decision on the deputy was mine, anything i wanted to do on the deputy was mine. >> so we will find no william barr fingerprints on rosenstein's departure? >> no. rod and i have been talking, you know, about his plans. he told me that he viewed it as a two-year stint and would like to use, if i'm confirmed, my coming in as an occasion to leave, but we talked about the need for a transition, and i asked him if he would stay for a while, and he said he would, and so as of right now, i would say there is no -- he has no concrete plans, i have no concrete plans in terms of his departure. we're going to sort of play it by ear and see what makes sense. >> you have not undertaken to run him out in any way? >> absolutely not. >> that leaves an opening at the dag position whenever you work this out. can you tel

if and when he does, rod rosenstein is moving out. what's going on? back in 60. >> neil: is this now too far gone? is each side so locked into position we're not going to get there? >> neil, i'm worried about this. you may, i understand what the president has said, but senate republicans also have a responsibility here. we have in the possession of the senate right now, two bills which we can vote on today, which would reopen the government. and the catch here is that these are bills that senate republicans have supported in one way or another already. >> neil: all right, how would you like to be the next guy, he just gets alegislated to the united states senate, he steps in in the middle of all of this, indiana's newly elected senator mike braun, congratulations. >> well, thank you. good to be on the show. >> neil: same here. what is your sense of this? i mean you just come to washington, a lot of people said it's become very disfunctional, this is evidence of it. what do you think? >> well, i came here for that very reason, i think, unless more folk

but i do want to start with the news about rod rosenstein. if rosenstein was telling people that he was not going to leave his post until the mueller investigation is complete or close enough -- and that is the reporting we e're hearing from evan perez. does that mean this thing is wrapping up? >> i'm not sure if we can draw that strong of an inference. to me, this is the white house clearing the decks. they're getting ready for the new a.g. to come in. barr has no interest in having a hold over the deputy attorney general. barr himself once was a deputy attorney general overseeing the criminal sections. he's not going to recuse no more than whittaker did. i think he's very likely to be confirmed given that he is a former attorney general of the united states. >> as laura was reporting that lindsey graham is now saying he's basically add assuranhad a from barr that he's not going to stop mueller from finishing the investigation and said he'd follow procedure while erring on the side of transparency about sharing mueller's final report to cong