If Rod Rosenstein feels conflicted, he should simply recuse himself

Where Strzok’s failure is based on personal bias, however, Rosenstein’s failure is based on personal interest in the investigation. The New York Times reported that, according to multiple close associates and friends of Rosenstein, he “appeared conflicted” in the aftermath of the Comey firing. Consider this passage: “He alternately defended his involvement, expressed remorse at the tumult it unleashed, said the White House had manipulated him, fumed how the news media had portrayed the events and said the full story would vindicate him.”

If true, it is astonishing that Rosenstein did not recuse himself, or that his colleagues did not strongly encourage it. It is obviously problematic that Rosenstein selected and then supervised a special counsel in an investigation that he hoped would “vindicate him.” Rosenstein also will play a key role in the scope and release of the eventual special counsel report, which will by necessity touch on his actions and role.

There is no reason for such an apparent or actual conflict to exist, as Rosenstein is not essential to the investigation. He can recuse himself and leave the supervision of Mueller to a designated subordinate, in the interests of the integrity of the investigation.