Prior to his current appointment, he served as a United States Attorney for the District of Maryland. Rosenstein was a former nominee to the United States Court of Appeals for the Fourth Circuit. At the time of his confirmation as Deputy Attorney general in April 2017, he was the nation's longest-serving U.S. attorney.
President Donald Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on January 13, 2017. Rosenstein was confirmed by the U.S. Senate on April 25, 2017. In May 2017, he authored a memo which President Trump said was the basis of his decision to dismiss FBI Director James Comey.
Rod Jay Rosenstein was born on January 13, 1965, in Philadelphia, to Robert, who ran a small business, and Gerri Rosenstein, a bookkeeper and school board president. He grew up in Lower Moreland Township, Pennsylvania. He has one sister, Dr. Nancy Messonnier, who is the director of the National Center for Immunization and Respiratory Diseases at the CDC in Atlanta.
He graduated from the Wharton School of the University of Pennsylvania, with a B.S. in economics, summa cum laude in 1986. He earned his J.D. degree cum laude in 1989 from Harvard Law School, where he was an editor of the Harvard Law Review. He then served as a law clerk to Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit.
After his clerkship, Rosenstein joined the U.S. Department of Justice through the Attorney General’s Honors Program. From 1990 to 1993, he prosecuted public corruption cases as a trial attorney with the Public Integrity Section of the Criminal Division, then led by Assistant Attorney General Robert Mueller.
During the Clinton Administration, Rosenstein served as Counsel to Deputy Attorney General Philip B. Heymann (1993–1994) and Special Assistant to Criminal Division Assistant Attorney General Jo Ann Harris (1994–1995). As an Associate Independent Counsel from 1995 to 1997, he was co-counsel in the trial of three defendants who were convicted of fraud, and he supervised the investigation that found no basis for criminal prosecution of White House officials who had obtained FBI background reports. Rosenstein was chosen to work in the United States Office of the Independent Counsel under Ken Starr on the Whitewater investigation into President Bill Clinton.
From 2001 to 2005, Rosenstein served as Principal Deputy Assistant Attorney General for the Tax Division of the U.S. Department of Justice. He coordinated the tax enforcement activities of the Tax Division, the U.S. Attorneys’ Offices and the IRS, and he supervised 90 attorneys and 30 support employees. He also oversaw civil litigation and served as the acting head of the Tax Division when Assistant Attorney General Eileen J. O'Connor was unavailable, and he personally briefed and argued civil appeals in several federal appellate courts.
United States Attorney Lynne A. Battaglia hired Rosenstein as an Assistant U.S. Attorney in 1997. He litigated a wide range of cases, coordinated the credit card fraud and international assistance programs and supervised the law student intern program. He also briefed and argued cases in the U.S. Court of Appeals for the Fourth Circuit.
President George W. Bush nominated Rosenstein to serve as United States Attorney for the United States District Court for the District of Maryland on May 23, 2005. He took office on July 12, 2005, after the United States Senate unanimously confirmed his nomination. As United States Attorney, he oversaw federal civil and criminal litigation, assisted with federal law enforcement strategies in Maryland, and presented cases in the U.S. District Court and in the U.S. Court of Appeals for the Fourth Circuit. Rosenstein secured several convictions against prison guards in Baltimore for conspiring with the Black Guerrilla Family. He indicted Baltimore police officers Wayne Jenkins, Momodu Gondo, Evodio Hendrix, Daniel Hersl, Jemell Rayam, Marcus Taylor, and Maurice Ward for racketeering. Rosenstein, with the aid of the Bureau of Alcohol, Tobacco and Firearms and the Drug Enforcement Agency, secured convictions in large scale narcotics cases in the District of Maryland, including the arrest and conviction of Terrell Plummer, Richard Christopher Byrd, James "Brad" LaRocca, and Yasmine Geen Young. The Attorney General appointed Rosenstein to serve on the Advisory Committee of U.S. Attorneys, which evaluates and recommends policies for the Department of Justice. He is vice-chair of the Violent and Organized Crime Subcommittee and a member of the Subcommittees on White Collar Crime, Sentencing Issues and Cyber/Intellectual Property Crime. He also serves on the Attorney General’s Anti-Gang Coordination Committee.
Attorney General Eric Holder appointed Rosenstein to prosecute General James Cartwright, a former Vice Chairman of the Joint Chiefs of Staff, for leaking to reporters. Rosenstein’s aggressive prosecution secured a guilty plea from Cartwright, who was ultimately pardoned by President Barack Obama.
Rosenstein served as the U.S. Attorney in Maryland at a time when murders in the state dropped by about a third, which was double the decline at the national level. Robberies and aggravated assaults also fell faster than the national average. According to Thiru Vignarajah, a former deputy attorney general of Maryland, "Collaboration between prosecutors, police, and the community combined with a dogged focus on violent repeat offenders was the anchor of Rosenstein’s approach." Rosenstein regarded the heroin and opioid epidemic as a public health crisis, hired a re-entry specialist to help ex-offenders adjust to life outside of prison, and prosecuted several individual cases of corrupt police officers.
In 2007, President George W. Bush nominated Rosenstein to a seat on the U.S. Court of Appeals for the Fourth Circuit. Rosenstein was a Maryland resident at the time. Barbara Mikulski and new Democratic Maryland senator, Ben Cardin, blocked Rosenstein's confirmation, stating that he did not have strong enough Maryland legal ties, and due to this Senate Judiciary Committee chairman Patrick Leahy did not schedule a hearing on Rosenstein during the 110th Congress and the nomination lapsed. Andre M. Davis later was renominated to the same seat and confirmed by the Senate in 2009.
President Donald Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on January 13, 2017. He was one of the 46 United States Attorneys ordered on March 10, 2017 to resign by Attorney General Jeff Sessions; Trump declined his resignation. Rosenstein was confirmed by the Senate on April 25, 2017 by a vote of 94-6.
On May 8, 2017, President Donald Trump directed Sessions and Rosenstein to make a case against FBI Director James Comey in writing. The next day, Rosenstein handed a memo to Sessions providing the basis for Sessions' recommendation to President Trump that Comey be dismissed.
In his memo Rosenstein asserts that the FBI must have "a Director who understands the gravity of the mistakes and pledges never to repeat them". He ends with an argument against keeping Comey as FBI director, on the grounds that he was given an opportunity to "admit his errors" but that there is no hope that he will "implement the necessary corrective actions."
After administration officials cited Rosenstein's memo as the main reason for Comey's dismissal, an anonymous source in the White House said that Rosenstein threatened to resign. Rosenstein denied the claim and said he was "not quitting," when asked directly by a reporter from Sinclair Broadcast Group.
On 17 May 2017, Rosenstein told the full Senate he knew that Comey would be fired before he wrote his controversial memo that the White House initially used as justification for President Trump firing Comey.
On May 17, 2017, Rosenstein appointed Robert Mueller as a special counsel to conduct the investigation into "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump" as well as any matters arising directly from that investigation. Rosenstein's order authorizes Mueller to bring criminal charges in the event that he discovers any federal crimes.
Rosenstein said in a statement, "My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command." In an interview with the Associated Press, Rosenstein said he would recuse from supervision of Mueller, if he himself were to become a subject in the investigation due to his role in the dismissal of James Comey. In that situation, supervision would fall to DOJ's third-ranking official, Associate Attorney General Rachel Brand.
Rosenstein was a member of Bethesda’s Reform Temple Sinai from 2008 to 2014. According to a questionnaire he filled out ahead of his Senate Judiciary Committee hearing this year, Rosenstein also was a member of a Jewish Community Center Sports League from 1993 to 2012.
When President Trump fired James B. Comey as F.B.I. director on Tuesday, the White House made public a memorandum from Rod J. Rosenstein, the deputy attorney general, recommending the dismissal.
Thomas M. DiBiagio
|United States Attorney for the District of Maryland
|United States Deputy Attorney General
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