In May, Rosenstein penned a memo criticizing then-FBI Director James Comey's handling of the investigation in Hillary Clinton's use of a private email server during her time as secretary of state. That memo was then cited by the Trump administration for reasoning behind Comey's firing later that month.
To further complicate the investigation, Rosenstein's position places him as the overseer of the Justice Department's investigation into the Trump team's alleged ties to Russia after Attorney General Jeff Sessions recused himself.
"We're faced with a constitutional mess over at the Justice Department, where Rosenstein is being interviewed by the guy he's supposed to be supervising in theory," Judicial Watch president Tom Fitton told FOX Business' Lou Dobbs on "Lou Dobbs Tonight."
If Sessions refuses to "un-recuse" himself from the investigation, President Donald Trump should exercise his authority under the Constitution to remove Mueller from the special counselor, he said.
Earlier this week, CNN reported that U.S. investigators wiretapped former Trump campaign manager Paul Manafort under special court orders, both before and after the November presidential election.
"I think the special counselor regulations, and Mueller's appointment, are constitutionally suspect," Fitton said.
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