|37th United States Deputy Attorney General|
Assumed office |
April 26, 2017
|Preceded by||Sally Yates|
|United States Attorney for the District of Maryland|
July 12, 2005 – April 26, 2017
George W. Bush|
|Preceded by||Thomas M. DiBiagio|
|Succeeded by||Robert K. Hur|
Rod Jay Rosenstein|
January 13, 1965
Philadelphia, Pennsylvania, U.S.
University of Pennsylvania (BS)|
Harvard University (JD)
Prior to his current appointment, he served as a United States Attorney for the District of Maryland. At the time of his confirmation as Deputy Attorney General in April 2017, he was the nation's longest-serving U.S. Attorney. Rosenstein was nominated to the United States Court of Appeals for the Fourth Circuit, but his nomination was never considered by the U.S. Senate.
President Donald Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on February 1, 2017. Rosenstein was confirmed by the U.S. Senate on April 25, 2017. In May 2017, he authored a memo which President Trump said was the basis of his decision to dismiss FBI Director James Comey.
Later that month, Rosenstein appointed special counsel Robert Mueller to investigate alleged ties between the Trump campaign and Russia during the 2016 elections and related matters based on the dismissal of Comey.
Rod Jay Rosenstein was born in Philadelphia on January 13, 1965, to Robert, who ran a small business, and Gerri Rosenstein, a bookkeeper and school board president. He grew up in Lower Moreland Township, Pennsylvania. He has one sister, Dr. Nancy Messonnier, director of the National Center for Immunization and Respiratory Diseases at the Centers for Disease Control and Prevention.
He earned his Juris Doctor, cum laude, in 1989 from Harvard Law School, where he was an or of the Harvard Law Review. He then served as a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit. He was a Wasserstein Fellow at Harvard Law School in 1997–98.
After his clerkship, Rosenstein joined the United States Department of Justice through the Attorney General’s Honors Program. From 1990 to 1993, he prosecuted public corruption cases as a trial attorney with the Public Integrity Section of the Criminal Division, then led by Assistant Attorney General Robert Mueller.
During the Clinton Administration, Rosenstein served as Counsel to Deputy Attorney General Philip B. Heymann (1993–1994) and Special Assistant to Criminal Division Assistant Attorney General Jo Ann Harris (1994–1995). Rosenstein then worked in the United States Office of the Independent Counsel under Ken Starr on the Whitewater investigation into President Bill Clinton. As an Associate Independent Counsel from 1995 to 1997, he was co-counsel in the trial of three defendants who were convicted of fraud, and he supervised the investigation that found no basis for criminal prosecution of White House officials who had obtained FBI background reports.
From 2001 to 2005, Rosenstein served as Principal Deputy Assistant Attorney General for the Tax Division of the United States Department of Justice. He coordinated the tax enforcement activities of the Tax Division, the U.S. Attorneys' Offices and the IRS, and he supervised 90 attorneys and 30 support employees. He oversaw civil litigation and served as the acting head of the Tax Division when Assistant Attorney General Eileen J. O'Connor was unavailable, and he personally briefed and argued civil appeals in several federal appellate courts.
President George W. Bush nominated Rosenstein to serve as the United States Attorney for the District of Maryland on May 23, 2005. He took office on July 12, 2005, after the U.S. Senate unanimously confirmed his nomination.
As United States Attorney, he oversaw federal civil and criminal litigation, assisted with federal law enforcement strategies in Maryland, and presented cases in the U.S. District Court and in the U.S. Court of Appeals for the Fourth Circuit. During his tenure as U.S. Attorney, Rosenstein successfully prosecuted leaks of classified information, corruption, murders and burglaries, and was "particularly effective taking on corruption within police departments." 
Rosenstein secured several convictions against prison guards in Baltimore for conspiring with the Black Guerrilla Family. He indicted Baltimore police officers Wayne Jenkins, Momodu Gondo, Evodio Hendrix, Daniel Hersl, Jemell Rayam, Marcus Taylor, and Maurice Ward for racketeering. Rosenstein, with the aid of the Bureau of Alcohol, Tobacco and Firearms and the Drug Enforcement Administration, secured convictions in large scale narcotics cases in the District of Maryland, including the arrest and conviction of Terrell Plummer, Richard Christopher Byrd,, and Yasmine Geen Young.
The Attorney General appointed Rosenstein to serve on the Advisory Committee of U.S. Attorneys, which evaluates and recommends policies for the Department of Justice. He was vice-chair of the Violent and Organized Crime Subcommittee and a member of the Subcommittees on White Collar Crime, Sentencing Issues and Cyber/Intellectual Property Crime. He also served on the Attorney General’s Anti-Gang Coordination Committee.
Attorney General Eric Holder appointed Rosenstein to prosecute General James Cartwright, a former Vice Chairman of the Joint Chiefs of Staff, for leaking to reporters. Cartwright pled guilty, but was later pardoned.
Rosenstein served as the U.S. Attorney in Maryland at a time when murders in the state dropped by about a third, which was double the decline at the national level. Robberies and aggravated assaults also fell faster than the national average. According to Thiru Vignarajah, the former deputy attorney general of Maryland, "Collaboration between prosecutors, police, and the community combined with a dogged focus on violent repeat offenders was the anchor of Rosenstein’s approach." Rosenstein regarded the heroin and opioid epidemic as a public health crisis, hired a re-entry specialist to help ex-offenders adjust to life outside of prison, and prosecuted several individual cases of corrupt police officers.
In 2007, President Bush nominated Rosenstein to a seat on the United States Court of Appeals for the Fourth Circuit. Rosenstein was a Maryland resident at the time. Maryland's Democratic United States Senators, Barbara Mikulski and Ben Cardin, blocked Rosenstein's nomination, claiming he did not have strong enough ties to Maryland.
President Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on February 1, 2017. He was one of the 46 United States Attorneys ordered on March 10, 2017, to resign by Attorney General Jeff Sessions; Trump declined his resignation. Rosenstein was confirmed by the Senate on April 25, 2017, by a vote of 94–6.
On May 8, 2017, President Trump directed Sessions and Rosenstein to make a case against FBI Director James Comey in writing. The next day, Rosenstein handed a memo to Sessions providing the basis for Sessions's recommendation to President Trump that Comey be dismissed. In his memo Rosenstein asserts that the FBI must have "a Director who understands the gravity of the mistakes and pledges never to repeat them". He ends with an argument against keeping Comey as FBI director, on the grounds that he was given an opportunity to "admit his errors" but that there is no hope that he will "implement the necessary corrective actions."
After administration officials cited Rosenstein's memo as the main reason for Comey's dismissal, an anonymous source in the White House said that Rosenstein threatened to resign. Rosenstein denied the claim and said he was "not quitting," when asked directly by a reporter from Sinclair Broadcast Group.
On May 17, Rosenstein told the full Senate he knew that Comey would be fired before he wrote his controversial memo that the White House initially used as justification for President Trump firing Comey.
On May 17, Rosenstein appointed Robert Mueller as a special counsel to conduct the investigation into "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump" as well as any matters arising directly from that investigation. Rosenstein's order authorizes Mueller to bring criminal charges in the event that he discovers any federal crimes. Rosenstein said in a statement, "My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command."
In an interview with the Associated Press, Rosenstein said he would recuse from supervision of Mueller, if he himself were to become a subject in the investigation due to his role in the dismissal of James Comey. Under that scenario, supervision would have fallen to DOJ's third-ranking official, Associate Attorney General Rachel Brand. Rachel Brand resigned on February 20, 2018, leaving the responsibility to Jesse Panuccio.
In April 2018, Rosenstein reportedly personally approved the FBI raid on President Trump's attorney, Michael Cohen, in which the FBI seized emails, tax documents and records, some of them related to Cohen's payment to adult-film star Stormy Daniels. After ad interim U.S. Attorney Geoffrey Berman had recused himself, the search was executed by others in the office of the U.S. Attorney for the Southern District of New York and approved by a federal judge.
Eleven House GOP members filed articles of impeachment against Rosenstein on July 25, 2018, alleging he has stonewalled document requests from Congress and he mishandled the 2016 election investigation. Rosenstein has denied the allegations. No such impeachment was brought to the floor, with Ryan and Meadows backing down. Subsequently it was revealed that Devin Nunes wanted to impeach Rosenstein, but was concerned that attempting to do so would delay the confirmation of Supreme Court nominee Brett Kavanaugh.
On September 21, 2018, The New York Times reported that Rosenstein suggested, in the spring of 2017 shortly after the dismissal of Comey, that he could secretly tape conversations between himself and Trump, using those recordings against Trump. He also allegedly suggested invoking the 25th amendment to attempt to remove Trump from office. Rosenstein strongly denied it, and other reporting suggested he had been sarcastic in his reference to taping Trump. The report gave rise to rumors that he would be fired.
Rosenstein went to the White House on September 24, where he met with Chief of Staff John Kelly; according to some reports, he offered his resignation. Following the meeting, the White House issued a statement that Rosenstein retained his position as Deputy Attorney General and would meet with Trump on September 27. Due to the ongoing hearings of Brett Kavanaugh, Rosenstein met with Trump on October 8; Rosenstein would not be fired afterwards. Further, Rosenstein agreed to meet with House Republicans within the next two weeks.
Rosenstein is married to Lisa Barsoomian, an Armenian American lawyer who works for the National Institutes of Health. They have two daughters. During her 24 years of law practice, as a government attorney Barsoomian has defended cases for Bill Clinton and Colin Powell, various Freedom of Information Act (FOIA) cases, and the FBI's "Carnivore" surveillance system, which monitors and captures e-mail.
Rosenstein has served as an adjunct professor, teaching classes on federal criminal prosecution at the University of Maryland School of Law and trial advocacy at the University of Baltimore School of Law.
He was a member of Washington D.C.'s Temple Sinai, a Reform Jewish congregation, from 2008 to 2014. According to a questionnaire that Rosenstein completed ahead of a hearing with the Senate Judiciary Committee, he was a member of a Jewish Community Center's sports league from 1993 to 2012. Rosenstein served on the board of directors of the United States Holocaust Memorial Museum from 2001 to 2011.
When President Trump fired James B. Comey as F.B.I. director on Tuesday, the White House made public a memorandum from Rod J. Rosenstein, the deputy attorney general, recommending the dismissal.
Thomas M. DiBiagio
| United States Attorney for the District of Maryland
Robert K. Hur
| United States Deputy Attorney General