Is the Mueller Investigation Expanding Its Scope?

Before Rod Rosenstein began his testimony before the House Judiciary committee on Wednesday, a Justice Department source told me the deputy attorney general would be “calm and very well versed in the law.” Since Attorney General Jeff Sessions recused himself, Rosenstein has overseen the FBI’s investigation into Russian interference. Rosenstein also wrote the order creating the special counsel’s office headed by former FBI director Robert Mueller, to continue conducting and prosecuting that investigation.

But Rosenstein, a Republican lawyer appointed by a Republican president (Donald Trump) has been among those at the DOJ in the crosshairs of Republicans in Congress who are critical of the Mueller investigation and the FBI’s supposed politicization. As Mueller’s investigation has closed in on figures involved in Trump’s presidential campaign and even in his White House, speculation in Washington has been that the president may view this all as justification for firing Mueller or even shutting down the special counsel entirely. Stuart Taylor, in the current issue of the magazine, contemplates the possibilities.

One line of questioning for Rosenstein on Wednesday, from Republican House member Lamar Smith, seemed to aim at building on this case: “Mr. Rosenstein, I am concerned that the special counsel may be casting too wide of a net, that he is trying to catch all the fish in the ocean, not just the Soviet sharks,” Smith said. “And if the special counsel were to obtain information not directly related to Russian interference with the election and he wanted to investigate that further, would he need to obtain your authority to expand the investigation?”

“Yes, he would,” Rosenstein quickly responded.

“Has he ever asked to expand the scope of the investigation?” Smith asked.