How Rosenstein can protect the Mueller investigation -- even if he’s fired

Another option is for Congress to consider passing legislation to protect Mueller and the independence of his investigation. Such legislation has been pending almost as long as the investigation has, and unfortunately, so far, it looks likely to remain in limbo.

But the final choice is for Rosenstein himself. The special counsel regulations did contemplate interim reports to Congress in certain circumstances. Nothing in the regulations forbids them, and while there are possible restrictions on grand jury material and the like, there is much information that could be provided. Rosenstein could, right now, tell Congress (or even a small group of members, with appropriate safeguards, including secrecy) what has happened — what Mueller has learned so far, whether Rosenstein has ever said “no” to Mueller and where the investigation is headed now.

Such a move would be unusual, to say the least. But it is a way for Rosenstein to safeguard his legacy. And it could also safeguard the very principle that no one is above the law. Not even the president — and not even this president.