The claim that top Justice Department officials wanted Deputy Attorney General Rod Rosenstein to wear a recording device while meeting with the president to obtain support for invoking the 25th Amendment to remove him from office was first made last September in an op-ed by an unnamed Trump administrative official published in the New York Times.
Rosenstein said the offer was in jest.
But then Andrew McCabe, the fired FBI deputy director, insisted in recent interviews that it happened.
So what is the truth?
McCabe said top DOJ officials even considered asking Trump Cabinet members to invoke the 25th, which provides for the removal of a president who is incapacitated.
The FOIA case seeks “all records of communication of former FBI Deputy Director Andrew McCabe, the Office of the Attorney General Jeff Sessions, or the Office of Deputy Attorney General Rod Rosenstein discussing the 25th Amendment or presidential fitness,” Judicial Watch said.
“Additionally, the lawsuit seeks all recordings made by any official in the Office of the Attorney General or Deputy Attorney General of meetings in the Executive Office of the President or Vice President.”
The case was filed after the Justice Department failed to respond to three separate FOIA requests dated Sept. 21, 2018.
It 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.”
“It is no surprise that we are facing an immense cover-up of senior FBI and DOJ leadership discussions to pursue a seditious coup against President Trump,” stated Judicial Watch President Tom Fitton.
“This effort to overthrow President Trump is a fundamental threat to our constitutional republic so Judicial Watch will do everything it can in the courts to expose everything possible about this lawlessness.”
McCabe said in an interview with “60 Minutes” that “there were conversations about the possibility of removing Trump under the 25th Amendment and confirming that Deputy Attorney General Rod Rosenstein had offered to wear a wire around the president.”
The apparent coup discussions came after then-FBI Director James Comey was fired.
Trump has commented: “The biggest abuse of power and corruption scandal in our history, and it’s much worse than we thought. Andrew McCabe (FBI) admitted to plotting a coup (government overthrow) when he was serving in the FBI, before he was fired for lying & leaking.”