New Docs Show DOJ Effort to Craft ‘Non Denial Denial’ Response to Reports on Rosenstein Wearing a Wire to Record Trump


Rod Rosenstein

Once again Judicial Watch is doing the heavy lifting.

Conservative watchdog group Judicial Watch obtained 14 pages of documents showing the DOJ crafting a ‘non denial denial’ response to reports that former Deputy Attorney General Rod Rosenstein plotted to wear a wire to record Trump and oust him via the 25th Amendment.

The DOJ records show Rosenstein was working to make sure the media would have “difficulty” finding anyone in the DOJ to comment on reports he was plotting to remove Trump from office and a coordinated effort by the DOJ to spin the reports as “inaccurate” and “factually incorrect.”

The records also show that the DOJ was working to characterize Rosenstein’s offer to wear a wire as “sarcastic.”

Former FBI official James Baker testified to Congress last year that Rosenstein was definitely not joking when he offered to wear a wire.

In fact, according to testimony from James Baker, Rosenstein had several serious conversations about wearing a wire and even noted that he could easily enter the White House without anyone finding out about the wire because no one ever searches him.


After several requests for comment and a lot of back and forth internally, the DOJ finally drafted a final official response addressing Rosenstein’s plot to remove Trump from office.

Via Judicial Watch:

Additionally, the records show DOJ Public Affairs officer Sarah Isgur Flores, after conferring with other top DOJ officials and Rosenstein’s office about her email exchange with New York Times reporter Adam Goldman, waited 12 hours to forward the email exchange to DOJ Chief of Staff Matthew Whitaker. Former White House Chief of Staff John Kelly had referred to Whitaker as the president’s “eyes and ears” in the DOJ.

Judicial Watch obtained the records through a Freedom of Information Act (FOIA) lawsuit filed after the Justice Department failed to respond to three separate FOIA requests dated September 21, 2018 (Judicial Watch v. U.S. Department of Justice (No. 1:19-cv-00388)). The lawsuit seeks all written and audio/visual records of any FBI/DOJ discussions regarding the 25th Amendment and plans to secretly record President Trump in the Oval Office.

The records obtained by Judicial Watch include a September 21, 2018, email from Assistant U.S. Attorney (DOJ/NSD) Harvey Eisenberg to Rosenstein informing the DAG that Washington Post reporter Ellen Nakashima had called inquiring about a New York Times report on the 25th Amendment/wire discussion, Rosenstein responds: “Thanks! Hopefully we are being successful, and the reporters are having difficulty finding anybody to comment about things. [Remainder of email redacted.]” Apparently in response to the redacted portion of Rosenstein’s reply, Eisenberg responds, “I’m aware. Besides letting you know, [redacted]. My best to you and the family.” Rosenstein replies, “I don’t mean about me. [Redacted.]”

In the final draft of the official Rosenstein response approved by O’Callaghan, the statement is changed from “Based on my dealings with the President, there is no basis to invoke the 25th Amendment” to “Based on my personal dealings with the President, there is no basis to invoke the 25th Amendment.” Judicial Watch stated.

“It is remarkable that Judicial Watch has done more to investigate the DOJ/FBI’s discussions about overthrowing President Trump than the DOJ or Congress,” said Judicial Watch President Tom Fitton. “These documents essentially confirm the coup discussions about wearing a wire when speaking with President Trump and plans to remove him under the 25th Amendment.”

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