On "Fox & Friends First" Friday, Judicial Watch President Tom Fitton said Congress has "failed" in its oversight of Deputy Attorney General Rod Rosenstein and the Department of Justice.

Responding to a report that there are ongoing discussions to bring Rosenstein in for testimony with lawmakers this year, Fitton said he does not believe Rosenstein will ever go before Congress.

Lawmakers have sought to bring Rosenstein in over reports he suggested secretly recording President Trump and once broached the idea of invoking the 25th Amendment to remove him from office last year. Rosenstein has denied the reports.

Rosenstein was overseeing Special Counsel Robert Mueller's Russia investigation until Trump fired Attorney General Jeff Sessions and appointed Acting Attorney General Matt Whitaker.

"Congress failed in it's oversight of Rod Rosenstein, it's failed in its oversight of the Justice Department," Fitton said.

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He said the DOJ has "failed to cooperate" with requests from Congress, and lawmakers have not pushed back appropriately.

"So he got away without testifying to date. And once Republicans lose control of the House, they're not going to be in a position to force DOJ's hand here. And Democrats aren't going to be interested in asking Rod Rosenstein why he was conspiring against the president of the United States in a way that would overthrow him," Fitton said.

"I suspect Rod Rosenstein won't be testifying to Congress any time soon about his 'jokes' about wiretapping the president and invoking the 25th Amendment."

Watch the "Fox & Friends First" segment above.

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