Rod Rosenstein at White House amid reports that he expects to be fired

FAN Editor

Last Updated Sep 24, 2018 12:41 PM EDT

Reporting by CBS News’ Paula Reid and Kathryn Watson

Deputy Attorney General Rod Rosenstein is at the White House for a previously scheduled meeting Monday, amid speculation that he might soon leave his post, CBS News’ Paula Reid reports. 

According to a source familiar with the situation, Rosenstein expects to be fired. But he is still the deputy attorney general, and is sitting in on the Cabinet-level meeting for Attorney General Jeff Sessions. 

The news comes after the New York Times reported last week that Rosenstein had brought up the 25th Amendment and taping the president, something a Justice Department official said was done in humor.

Should Rosenstein resign or be fired, oversight of special counsel Robert Mueller’s Russia probe would be passed to Solicitor General Noel Francisco, according to the Justice Department. It’s possible President Trump would use the Vacancies Reform Act to appoint a new acting deputy attorney general. 

Mr. Trump left open the possibility of relieving Rosenstein of his duties in an interview with Geraldo Rivera. 

“I don’t want to comment on it. I don’t want to comment on it until I get all the facts. I haven’t gotten all the facts,” the president said in the radio interview that aired Monday. “But certainly it’s being looked at in terms of what took place, if anything took place, and I’ll make a determination sometime later.”

The president has also expressed frustration with Attorney General Jeff Sessions. Mr. Trump blames Sessions for recusing himself in the Russia investigation, which is why Rosenstein is in charge of the probe. Mr. Trump has lamented that, “I don’t have an attorney general,” and has largely declined to comment as to whether he will oust Sessions eventually.

— This is a developing story and will be updated

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