Deputy Attorney General Rod Rosenstein will not be in office after the midterm election, Harvard Law professor emeritus Alan Dershowitz predicted Tuesday.
"The question is timing, whether or not the president wants to fire him, whether he would prefer to have him resign, whether he wants him to be an election issue, what happens in terms of succession, who replaces him, what impact it has on (special counsel Robert) Mueller," Dershowitz told Fox News' "Fox & Friends."
But, Dershowitz added, "if you ask me who is the deputy attorney general of the United States starting in January of next year, it will not be Rod Rosenstein."
Trump will meet with Rosenstein on Thursday, following several reports anticipating the deputy AG's departure. The president refused to comment over whether he plans to fire Rosenstein, and Dershowitz said Tuesday that a resignation would leave less political fallout.
Rosenstein reportedly discussed secretly recording Trump and talked about invoking the 25th Amendment, which allows the removal of a president who is unable to serve his duties, and Dershowitz said discussing the amendment was a serious mistake.
"The 25th Amendment was intended for president who was shot, had a stroke, is incapacitated, not a president you disagree with or think is creating havoc in the White House," said Dershowitz, adding that its use would be an 'unlawful coup for the first time in American history."
"Nobody should be talking about it," he said. "If this president remains healthy and capable of making decisions, no matter how much we disagree with them, the 25th Amendment is off the table."
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