Aruna Viswanatha, Michael C. Bender and Sadie Gurman report for the WSJ:
Deputy Attorney General Rod Rosenstein is set to meet with President Trump Thursday to discuss "recent news stories," the White House said Monday, amid conflicting reports about whether Mr. Rosenstein is set to depart.
Mr. Rosenstein visited the White House Monday morning, and people close to him said he expected to be fired. White House chief of staff John Kelly told officials in the West Wing, however, that Mr. Rosenstein resigned during a meeting late last week, a White House official said.
If Mr. Rosenstein does depart (regardless of whether he jumps or is pushed) who is Acting Attorney General on matters in which the Attorney General is recused? Like, for instance, the Russia-campaign probe?
28 U.S.C. ยง 508 provides:
(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.(b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General.
The Associate Attorney General slot is vacant with no nominee. So it would be up to Attorney General Sessions. He could pick the Solicitor General or someone else.
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