Rod Rosenstein Talks Special Counsels

There's a reason classified documents are in "cool folders"

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If somebody understands the challenges of appointing special counsels, it’s Deputy Attorney General Rod Rosenstein. He joins Advisory Opinions to talk (and reminisce) about DOJ drama. Also: Sarah and David have some tepid SCOTUS updates.

Show Notes:

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  1. Echack

    On the political appointees vs. private sector/military briefings:

    Hillary Clinton claimed to not remember ever being briefed on handling classified data. I find that very, very hard to believe. Every time I was read in (from the security officer at my employer) or got an annual refresher (by the FBI and our security officer), I had to sign a document that I had been briefed/refreshed. I can't believe that they don't do the same to elected officials, appointed officials, and hired political staff.

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  2. Brendan Bossard

    As a health information management professional, former financial adviser, and someone who grew up in a home where my dad worked as a consultant for highly sensitive military research projects, I strongly disagree with Sarah's sentiments about pillow talk as I heard them. Confidential office matters are usually confidential for good reasons. Now, I think Sarah and I agree that "Guess what Justice Alito wrote in the draft?" does not rise to the level of "Guess whose nuclear bomb we found at the bottom of the ocean today?" I think, however, that anyone who leaks any confidential thing short of unethical behavior deserves more than a slap on the wrist no matter how long the position lasts. Any breach, including pillow talk, deserves a good caning at minimum, whether in one year or fifty.

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    KP

    I’m so sad no one asked him for a DAG joke…

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    Seth B

    Thank you, Sarah, for adding, after Mr. Rosenstein's departure, a little extra Sparkle.

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  5. Mark

    I played parts of this for my wife only for. “No, it’s only one year, shut up”

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    Rbell96630

    I have yet to see anyone talk about reviewing the records Senator Biden donated to the University of Delaware: https://library.udel.edu/special/home/collections/joseph-r-biden-jr-senatorial-papers/ Betcha there are a bunch in there, too.

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  7. GregS

    Oh hey, now tell us how the Biden and Pence classified documents situations are different will you?
    ...
    I think it's blindingly obvious what sets Trump apart - *the fact that he was repeatedly told he had documents he shouldnt have, was asked to return them, refused to do so, and then lied and said he had.*
    Yes, "not as bad as Trump" is not the standard - but perhaps with the Pence revelation, you can help explain why Trump is a man apart.

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    George.Skinner

    Bank robbery isn't a good analogy for the classified documents cases. A better one is shoplifting. Trump is the shoplifter who took a whole bag of stuff with him out the door. Security caught him on video, went to his house to demand the return of what he took, and Trump refused to cooperate until the cops executed a search warrant and seized it.

    Biden took stuff from the store that he didn't pay for. What's yet to be determined is whether it was an oversight where he didn't pay for it at the till, or if he deliberately took it without paying. The voluntary return of some stuff from his think tank office is a bit like belatedly discovering that you'd taken something without paying for it and returning it to the store, although it might be more like the grandkids discovering what Grandpa had done and acting to fix it.

    With the shoplifting analogy, you can again make the point that both Trump and Biden broke the law. However, I'd be interested if you didn't think a sentencing judge would regard Trump's conduct as an aggravating factor.

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    1. Brendan Bossard

      I have lifted a lot of pens from the office.

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    Philbnichols

    As David was reviewing the relative 'suites' of options available to military and non-military justice for mishandling classified docs, brain went - *slightly off topic* - to my favorite legal denouement in Absence of Malice: "You're no government appointee, Elliott; the one that hired you is me. You got thirty days". What are your faves, preferably short?

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    1. Brendan Bossard

      "Absence of Malice" is a great movie with lessons for today.

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        Philbnichols

        The truer a thing is the more timeless its truth. And the need for a free press but to have that press restrained in its power goes deep.

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