The next is a transcript of an interview with former Deputy Lawyer Common Rod Rosenstein that aired Sunday, Nov. 20, 2022, on "Face the Nation."
MARGARET BRENNAN: We start this morning with former Deputy Lawyer Common Rod Rosenstein. He appointed Robert Mueller as particular counsel for the investigation into Russian interference within the 2016 election and to find out if there have been hyperlinks between that nation and former President Trump's marketing campaign. And he joins us in studio. It's good to have you ever right here in a rare week.
FORMER DEPUTY ATTORNEY GENERAL ROD ROSENSTEIN: Good morning. Glad to be right here.
MARGARET BRENNAN: I need to get proper to it. Because of the former president launching his marketing campaign, the present president might also run for president, the lawyer basic stated it's completely essential to have a particular counsel oversee this investigation into the categorized paperwork discovered at Mar a Lago and what occurred with attempting to alter the result of the 2020 election. For those who have been in that previous function you as soon as had, would you will have appointed a particular counsel?
ROSENSTEIN: , it is easy to second guess from exterior the division. I do not know precisely what Merrick Garland is aware of, what data was accessible to him. He did not say that he was required to nominate the particular counsel. He stated that he thought it was the best factor to do. I believed the circumstances that I confronted, that the appointment of Robert Mueller was the best factor to do with regard to the Russia investigation. However I believe on this case, Merrick Garland clearly made a discretionary resolution. The division had been dealing with this itself for 2 years. Might have continued to deal with it itself. However he believed that this might assist to advertise public confidence. I believe it stays to be seen whether or not that is the case.
MARGARET BRENNAN: So that you would not have carried out this to your self?
ROSENSTEIN: As I stated, it is it is easy to second guess from exterior. I believe, you realize, my inclination, provided that the investigation had been occurring for a while and given the stage which they've reached, is that I in all probability wouldn't have, however I simply cannot inform from the skin.
MARGARET BRENNAN: So from the place you sit, does the appointment of a particular counsel point out at the very least a willingness on Merrick Garland half to go forward with a prosecution, or is that overreading the choice?
ROSENSTEIN: I believe what it signifies is that, you realize, regardless of the actual fact the division has been at this for a while, virtually two years on the January six investigation, near a 12 months, the Mar a Lago investigation, that they nonetheless imagine that they've a viable potential case. It doesn't suggest they decided to go ahead. Nevertheless it definitely is a sign they imagine it is a risk.
MARGARET BRENNAN: Now, one case that is been occurring longer, the investigation into Hunter Biden, which CBS has realized the FBI has gathered ample proof to cost him with tax and gun associated crimes, and that's earlier than the U.S. lawyer in Delaware. David Weiss, I imagine you realize him since he was a Trump appointee. Can he independently oversee this or do we'd like one other particular counsel?
ROSENSTEIN: Nicely, yeah, This investigation, as you stated, has been occurring for a really very long time, which isn't good for anyone. , it promotes conspiracy theories and suspicions. So my hope is the division will decide within the close to future about whether or not to go ahead. And hopefully that call shall be accepted by the general public. I do imagine that the U.S. lawyer in Delaware- I do know has the best expertise to make that call. So I believe we will be assured that he'll make the best resolution in that case.
MARGARET BRENNAN: So not in that case. However let me ask you concerning the content material of what's being scrutinized right here with the previous president. I do know once you have been U.S. lawyer in Maryland, you handled people who took categorized materials, generally high secret, excessive stage clearances and saved it at dwelling. And also you prosecuted them to the complete extent of the legislation. Why ought to the president be any completely different?
ROSENSTEIN: Nicely, you are proper. We did have a number of federal businesses in Maryland. And so we had a variety of instances that got here up throughout my 12 years as U.S. lawyer, each underneath President Obama and President Bush. And we prosecuted these instances as a result of we imagine the details justified it. Now, if the details justify prosecution, President Trump, I believe the division will make that call. However we simply do not know from the skin. , there are extenuating circumstances when it is the president, when there are a number of staffers and legal professionals concerned. And so I believe we've got to attend to see how that each one shakes out.
MARGARET BRENNAN: Former Lawyer Common Barr sat with PBS, and this was proper earlier than Merrick Garland's announcement. However he stated that to indict the Justice Division wants to indicate Mr. Trump was consciously concerned. Let's hear what he needed to say.
*TAKE SOT*
FORMER ATTORNEY GENERAL BILL BARR: I personally suppose that they in all probability have the idea for legitimately indicting the press. I do not know. I am speculating, however however given what's gone on, I believe they in all probability have the proof that will test the field. They've the case.
MARGARET BRENNAN: Do you agree?
ROSENSTEIN: Nicely, I do not know. I believe the Lawyer Common Barr, that's, you realize, talked about later in that interview that he was speculating. And I believe it is you realize, there are a number of ranges of points that the division wants to think about, Margaret. Primary is, you realize, is the proof ample to acquire and maintain a conviction? Quantity two, is, is it an applicable use of federal assets to convey that case and a case in opposition to a former president, clearly, with the extraordinary would elevate distinctive issues. And so I'd hope that Merrick Garland and his crew can be very cautious about scrutinizing that proof, not simply checking the field, however ensuring that they are ready to face behind the choice that they make.
MARGARET BRENNAN: So once you say maintain a conviction, what do you imply by that? Does that imply wanting on the courts which are prone to prosecute me, the place would you prosecute this case, Florida or Washington, D.C.?
ROSENSTEIN: Nicely, it means guaranteeing that, primary, you get previous a jury that has been capable of persuade 12 random residents that your case proves the defendant's guilt past an inexpensive doubt. And quantity two, that it will likely be sustained or upheld on attraction. , the division generally brings instances wherein they use novel theories that prevail in district court docket however are overruled on attraction in the event that they're to convey a case in opposition to the previous president, you need to be certain that that they had a strong case and so they have been assured each of conviction and of prevailing on any attraction.
MARGARET BRENNAN: And that there would not be some nationwide safety implication reminiscent of political violence?
ROSENSTEIN: Nicely, you realize, that is and that is a troublesome challenge, Margaret, as as to if or not the lawyer basic ought to think about the the potential for public unrest in the event that they have been to convey a case in opposition to the president,
MARGARET BRENNAN: It must be thought of.
ROSENSTEIN: I believe it highlights the significance of the division guaranteeing that they've a strong case that's that they will win a conviction and so they're going to have the ability to maintain an attraction. The circumstances, the stakes are increased than an peculiar case. It's essential be certain that for those who convey that case that you could persuade folks that's meritorious that you just need to win.
MARGARET BRENNAN: Nicely, that will get on the fundamentals, the mistrust of establishment the place we're nowadays. However the former president is already stated he is not going to adjust to any investigations. He stated that on Friday. So what does this imply for the timeline? Are we operating proper into the 2024 presidential marketing campaign?
ROSENSTEIN: I am involved about concerning the timing. Clearly, the the brand new particular counsel, Jack Smith, must rise up to hurry within the case. He is not even within the U.S. so he wants to come back again and get engaged and supervise his crew. He might have to herald extra crew members, folks he trusts to evaluation the circumstances. After which there are different potential delays as nicely. , one of many downsides of appointing a particular counsel is the potential for litigation over the validity of the appointment of the particular counsel. And that has all the time been upheld by the courts. However litigation can impose extra delay. So I believe there is a honest probability that that is going to tug in nicely into the marketing campaign season.
MARGARET BRENNAN: After which the query of whether or not the candidate wins or not. Rod Rosenstein, thanks on your perception and for becoming a member of us in the present day.
ROSENSTEIN: Thanks.