Chuck Rosenberg on the Investigations of a Former President

On April 18, 2019, Chuck Rosenberg was on his way to speak in person to the Women’s Democratic Club about the many threats to democracy occurring at that time. He was also reading the Mueller Report, which had just been released that day.

Almost four years later, Mr. Rosenberg returned, on January 26, 2023, in person, to update us on those issues and the new ones that have happened since then, and that, in his words, “continue to befuddle us.”

Speaking to a group of about 100 WDC members at a buffet luncheon, Mr. Rosenberg covered a wide range of current issues. Saying:

  • The Rule of Law has to be perceived as fair and only applies if we take care of It. It is “precious, needs to be nurtured and protected, and we cannot lose it.”

  • Historically, Ken Starr was the last Independent Counsel. He did not have to report to the Attorney General, and it was thought he went too far. This position expired in 1999. The special counsel, which was established in 2000, reports to the attorney general and will outlive the AG and the administration. In an article he wrote, Rosenberg said it was a mistake to have the special counsel, because it is not independent of the Attorney General.

  • He was concerned that Robert Hur, a Republican, has been appointed Special Counsel to oversee the Biden (a Democrat) documents investigation. Rosenberg does not care to see appointments made on a partisan basis, and he is proud of his federal appointments by presidents from different parties.

  • With regard to the recent finding of classified presidential and vice presidential documents, remember that these officials do not pack their own boxes; and it is also important to remember that these were not intentional mistakes. There is a massive problem of overclassification, which is better than the alternative.

  • People have lost faith in our deomcratic institutions. For example, it is a problem that the Supreme Court must rely on other branches to enforce its rulings; and “Congress makes a lot of noise, but cannot do anything.”

  • It is vital but extremely difficult to prove intentionality when questioned about whether charges will be brought against former President Trump. Even though Volume II of the January 6 Committee does mention criminality and obstruction of justice, in order to prove them in a courtroom, all 8000 hours of depositions would first have to be closely reviewed for evidence. Additionally, while the Constitution does not offer a provision to forestall a presidential campaign, Article XIV does cite insurrection.

  • Read Roe v. Wade. Rosenberg is a great admirer of Justice Ruth Bader Ginsberg, who was adamant that Roe v. Wade needed to be tightened. Perhaps, he reflected, it was overturned so the legislature would act.

  • There is no law requiring the president to release his taxes, and there is no mandatory audit of the president and vice president’s taxes.

 Mr. Rosenberg thoroughly addressed these and other important issues and positively responded to the audience’s thoughtful questions. We learned from, shared and enjoyed Mr. Rosenberg’s insights into what confronts our democratic nation.