DiGenova: Deputy AG Rod Rosenstein 'Deserves the Guillotine'

By Michael W. Chapman | December 7, 2018 | 1:10pm EST
Attorney and former federal
prosecutor Joe diGenova.

Commenting on Special Counsel Robert Mueller's investigation of alleged collusion in the 2016 campaign, legal analyst and former federal prosecutor Joe diGenova said Mueller will not charge the president with a crime -- there is no evidence Trump did anything illegal -- and that history will show this entire exercise was crafted to "frame Donald Trump for a crime he did not commit."

The "Mueller investigation is a joke, has been a joke, should be over," he said. 

DiGenova, who helped prosecute attempted presidential assassin John Hinckley, added that Mueller "has played his role beautifully with the assistance" of Deputy Attorney General Rod Rosenstein, who is the "single, most fundamentally dishonest lawyer in America" and who "deserves the guillotine."

During a Nov. 26 interview on WMAL's Mornings on the Mall, co-host Mary Walter played a clip of famed attorney Alan Dershowitz stating that Mueller's final report will be "devastating" to the president, and asked diGenova for his view. 

DiGenova said that Dershowitz "doesn't know" what is in the report and apparently is trying to "re-ingratiate" himself with the liberals on Cape Cod. "This is ridiculous," he said. "This is Alan Dershowitz trying to be the center of attention. I think  it’s goofy, uninformative, unhelpful."

"Of course," the report is "going to have some political consequences because we know that Mueller is the Anti-Christ," quipped diGenova. "And so, his fight with the president of the United States over no crime, he’s going to have to justify his existence. I assume he’s going to say some things that are not going to be particularly attractive.”

"But he’s not going to charge the president with a crime, because he can’t -- number one, under the Constitution," said diGenova. "And number two,  because there’s no evidence that the president personally did anything."

“The Mueller investigation is a joke, has been a joke, should be over," he said.  "Whatever is going to be released is going to be decided by the Department of Justice. Or, whatever is published could very well be leaked by [special counsel attorney] Andrew Weissmann because he is an absolute thug and he works for Mueller. Who knows? These are all Dems running the Mueller investigation; it could be leaked without the permission of the Department."

Special Counsel Robert Mueller, a former director of the FBI, who was succeeded
in that post by James Comey. President Trump fired Comey on May 9, 2017. (Getty Images)

Co-host Vince Coglianese then asked if the acting attorney general, Matt Whitaker, would make the decision on what to release to the public.

DiGenova answered, "Yes, because [Deputy AG Rod] Rosenstein has been removed from supervising the Mueller investigation. He should have been removed by Jeff Sessions a long time ago for a conflict of interest over his role in the firing of [FBI Director James] Comey.  But for some reason [then-AG Jeff] Sessions couldn’t figure out what time or what day of the week it was."

Sessions resigned as attorney general on Nov. 7, 2018, at the request of President Trump. Matt Whitaker, Sessions' chief of staff, was named the acting attorney general that same day. On Dec. 7, Trump nominated William P. Barr to be the next attorney general of the United States. 

Later in the interview, co-host Coglianese asked diGenova what he thought about Trump's handling of the Mueller investigation.

Deputy Attorney General Rod Rosenstein, who appointed Special Counsel Robert
Mueller to investigate alleged "collusion" between Russia and the 2016
Trump-Pence presidential campaign.  In early 2017, Rosenstein reportedly suggested
staffers wear wires to secretly record President Trump and he also reportedly
suggested using the 25th Amendment to remove Trump from office. (Getty Images) 

“The president has handled this beautifully," said the former U.S. Attorney for D.C. "I think the criticism of Mueller was warranted. I think firing him would have been a political mistake.  He didn’t need to do that. He had his own constitutional protection. I think the existence of the Mueller probe has actually helped the president."

"Through the process, I think the American people have concluded, quite properly, that the president has been treated unfairly since the beginning of this," said diGenova. "They already accept the notion that there was a brazen plot to exonerate Hillary Clinton in 2016 and also to ultimately frame Donald Trump for a crime he didn’t commit. The American people already accept that."

He continued, “I think, over the long run, history, again, it will be shown that this was part of a plot and that Mueller played his role beautifully with the assistance of [Deputy AG] Rod Rosenstein, who is the single, most fundamentally dishonest lawyer in America and public official."

"Rod Rosenstein, I hope, will be fired in a reasonable period of time," said diGenova.  "He deserves the guillotine.”

DiGenova, the founding partner of the Washington, D.C. law firm diGenova & Toensing, has in his career served as Special Counsel to the House of Representatives to probe the International Brotherhood of Teamsters; led the prosecution of Israeli spy Jonathan Pollard; and served as Chief Counsel and Staff Director of the Senate Rules Committee and Counsel to the Senate Judiciary, Governmental Affairs and Select Intelligence Committees.

President Donald Trump. (Getty Images) 

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