Barr’s Exit Leaves Deputy Rosen Running Trump’s Justice Department

Attorney General William Barr’s imminent departure will leave the Justice Department in the hands of his handpicked deputy, who could quickly find himself under pressure from Donald Trump to sustain his false claims of election fraud and pursue his political enemies.

When Barr steps down on Dec. 23 after increasingly sharp criticism by the president, Deputy Attorney General Jeffrey Rosen becomes the nation’s top law enforcement officer for Trump’s final month in office. He’s seen in legal circles as an institutionalist, someone who’s managed the department’s internal operations while Barr focused on high-profile issues like the law-and-order response to racial justice protests and a review into the origins of the 2016 Russia probe.

Senate Judiciary Chairman Lindsey Graham of South Carolina, a leading Republican supporter of Trump but also Barr, said in a statement Monday that Rosen is “a good man and will be an ethical leader and a steady hand at the Department of Justice.”

That doesn’t mean Rosen will be able to avoid the president’s frustration over losing the 2020 election.

Trump’s closest allies have vowed to press for any possible means to pursue his claims of widespread voter fraud even after the Electoral College confirmed Biden’s victory on Monday. In addition, some Republicans have called for a special counsel to be named to ensure a continuing investigation of Hunter Biden, the president-elect’s son, who’s been the subject of federal probes, at least one of which is ongoing.

Barr said in his departure letter on Monday -- posted by Trump on Twitter - - that allegations of election fraud “will continue to be pursued.” That could make the next few weeks fraught for Rosen.

Trump praised his new acting attorney general as “an outstanding person” and called the incoming deputy attorney general, Richard Donoghue, “highly respected.” The coming weeks will test Trump’s enthusiasm for the two men, given his long history of demanding “loyalty” from the Justice Department, even when that bucks the institution’s attempts to keep politics at arm’s length.

As acting attorney general, Rosen could appoint a special counsel to investigate Hunter Biden before the Jan. 20 inauguration, although some legal experts have questioned whether an appointment under that circumstance would be legal.

Alternatively, Rosen could simply put a senior Justice Department official in charge of overseeing the Hunter Biden matter, a move that wouldn’t provide as much protection to the official but may be more legally sound.

Trump has largely ignored advice from the Justice Department in making decisions on pardoning or commuting sentences, including for former advisers Roger Stone and Michael Flynn. But Trump may push Rosen to voice support for pardons he may issue in his final days in office -- and perhaps press for a finding by the department’s Office of Legal Counsel backing him up if he claims the power to pardon himself.

Subscribe to our YouTube channel

Bloomberg Quicktake brings you live global news and original shows spanning business, technology, politics and culture. Make sense of the stories changing your business and your world.

To watch complete coverage on Bloomberg Quicktake 24/7, visit or watch on Apple TV, Roku, Samsung Smart TV, Fire TV and Android TV on the Bloomberg app.

Have a story to tell? Fill out this survey for a chance to have it featured on Bloomberg Quicktake

Connect with us on…

Breaking News on YouTube