Judge Andrew Napolitano said Monday on America's Newsroom that the special counsel's Russia investigation will continue with or without Deputy Attorney General Rod Rosenstein in the Justice Department.

President Trump is scheduled to meet with Rosenstein on Thursday, the White House said, seeming to tamp down speculation that the deputy attorney general faces the prospect of an immediate firing over a damaging press report.

Rosenstein has denied claims made in a New York Times report that he suggested secretly recording Trump. The story claimed that Rosenstein also suggested invoking the 25th Amendment to remove the president from office.


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Rosenstein responded by saying that his comments were sarcastic, and that the Times' story was "inaccurate and factually incorrect."

"[Robert Mueller's investigation] will continue as is, Bob Mueller will just have a different boss," Napolitano said, regardless of who is in charge of Mueller.

U.S. Solicitor General Noel Francisco would be next in line to oversee Mueller's Russia probe if Rosenstein were to be fired. Napolitano stressed that whoever oversees Mueller must be a Senate-confirmed official. 

"Why keep him?" Napolitano said. "Donald Trump has wrestled with that for almost two years."

Napolitano said Francisco, a former clerk for Antonin Scalia, is well known in conservative legal circles. He said Rosenstein was nominated by Trump at the behest of Attorney General Jeff Sessions, who wanted an experienced DOJ official as his top deputy.  

Watch more above.


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