If President Trump fires Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, or both, he then could hand supervision of the Robert Mueller investigation to someone determined to keep the special counsel's findings under wraps.
Under the current special counsel regulation, Mueller is required to provide the attorney general with a “confidential report explaining the prosecution or declination decisions reached by the Special Counsel,” but it will be up to the attorney general — or, at the moment, his deputy — whether to release that report to the public.
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Any attempt to withhold Mueller’s report from public view would surely spark a fierce partisan battle, particularly if Democrats take control of the House in the midterms, putting themselves in position to subpoena documents from the Justice Department pertaining to Mueller’s investigation even if its findings aren’t publicly released.
Trump has made no secret of his disdain for Sessions' decision to recuse himself from the Russia probe, leaving Rosenstein in charge of appointing and overseeing Mueller.
Rosenstein is required by regulation to notify the top Republicans and Democrats on the House and Senate Judiciary Committee at the end of the investigation and provide them with an explanation of any instance where he blocked a proposed action by Mueller’s team.
He could also release Mueller’s report to the public if he determines that the release “would be in the public interest,” according to the regulation, but considering Trump’s tumultuous relationship with the Justice Department and its leaders, Rosenstein might not be in a position to make those decisions when Mueller finishes his work.
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Democrats and some Republicans have called for the passage of legislation to protect Mueller’s investigation from political interference. Lawmakers have introduced proposals to limit the attorney general’s ability to remove a special counsel and preserve staff, documents and materials if an investigation is shuttered, and have also suggested proposals that would allow Mueller to appeal his removal.
Republican leadership repeatedly has refused to move proposed legislation forward, claiming they don't believe they need to protect Mueller from the president.
In a recent interview with CBS’ “60 Minutes,” Trump said he had “no intention” of shutting down the investigation but stopped well short of a guarantee.
“I don’t pledge anything,” he said. “But I will tell you, I have no intention of doing that.”
American public might never see final Mueller report on Russian election interference (ABC News)