Two senior FBI officials told the bureau’s top lawyer they believed Deputy Attorney General Rod Rosenstein was “serious” when he discussed secretly recording President Trump and invoking the 25th Amendment to remove him from office last year, according to sources close to a congressional investigation – an account that conflicts with claims from Rosenstein and others that the comments either were inaccurately reported or made in jest.
Former FBI General Counsel James A. Baker told congressional investigators during a closed-door deposition last week that then-FBI Acting Director Andrew McCabe and FBI lawyer Lisa Page came to Baker "contemporaneously" after Trump fired FBI Director James Comey in May 2017. Baker said Page and McCabe relayed details of the meeting where Rosenstein made the comments.
Though he wasn't personally in that meeting, Baker told congressional investigators he took McCabe and Page's account “seriously,” the sources said. Further, Baker told congressional investigators he suspected “Rosenstein was coordinating with two people in the administration to invoke the 25th Amendment,” a source said.
Baker, whose testimony was described as deliberate and sober, added he had not done a legal analysis and was unsure whether it was “unethical or illegal,” the source added.
The testimony would appear at odds with other accounts of those explosive discussions.