Will Congress actually impeach the deputy attorney general?

The impeachment resolution is a long shot attempt by Donald Trump's closest allies in Congress

Attorney General Jeff Sessions speaks with Deputy Attorney General Rod Rosenstein at the Department of Justice in Washington (AP Photo/Jose Luis Magana)

Impeaching Rod Rosenstein, who oversees the federal investigation into Russia’s impact in the 2016 election, could eventually lead to the premature conclusion of that probe, according to experts.

But they also say the move is a far-off dream among Donald Trump’s allies in Congress, whose newly-announced resolution to impeach the deputy attorney general essentially amounts to a press release.

“This is sabre rattling to pay back the Democrats for their aggressive talk about impeaching Trump,” said Tobe Berkovitz, a political media consultant and professor at Boston University. “It’s a Republican counterpunch … but in three months nobody will even remember that this was a story.”

The impeachment resolution was introduced by Mark Meadows and Jim Jordan, two leaders of the conservative group of Congressional Republicans known as the House Freedom Caucus.

In it, the Republicans accuse Mr Rosenstein of hiding information from Congress and signing a Foreign Intelligence Surveillance Act (FISA) warrant against Mr Trump’s former foreign policy adviser Carter Page under false pretences.

But his impeachment is about as likely as Democratic Congressman Al Green’s previous attempt to impeach the president, an effort that was quickly and easily shot down across party lines.

Attorney General Jeff Sessions released a statement supporting Mr Rosenstein on Thursday, saying he has full confidence in his deputy. The vast majority of House Republicans have not signed on to the resolution or stated concerns surrounding the deputy attorney general, and the move wouldn’t likely see any support amongst Democrats.

The act itself is a rarity in American politics — an executive branch employee has not been impeached in over 120 years.

“This strikes me as a sad stunt. Whatever one thinks of Rosenstein’s conduct as deputy attorney general, it is implausible that he has committed ‘high crimes and misdemeanours’ within the meaning of the Constitution,” said David Pozen, a law professor at Columbia Law School.

“The executive branch official who has shown the least regard for constitutional principle is the president himself. I am not advocating the impeachment of Trump, which would raise many difficult issues, but the legal case already looks plausible, and Mueller’s findings could make it stronger still.”

“I interpret the articles of impeachment against Rosenstein as the latest effort to discredit the Mueller investigation, before his findings come out, and maybe also as an effort to discredit the very idea of impeachment as a mode of constitutional accountability,” he continued.

Mr Meadows attacked the ongoing federal investigation after introducing the impeachment resolution, adding that he may attempt to force a vote on the matter as soon as this week.

“Information has been hidden, efforts have been stonewalled,” he said on Fox News Wednesday night. “I guess for us, it’s all about transparency so the American people can judge for themselves. They may be able to ignore Congress but they can’t ignore the American people.”

Still, Mr Rosenstein appears to be in safe standing among the majority of House members. Democrats have also noted that the impeachment resolution does not mention Mr Rosenstein wasn’t even sworn in as the deputy attorney general until six months after the initial FISA warrant against Mr Trump’s former aide.

"The House of Representatives has only impeached one executive officer in its history, not counting presidents, and that was for accepting bribes," said Jamal Greene, visiting scholar at the Knight First Amendment Institute. "This effort is not supported by House leadership, it will not be supported by even a majority in the Senate, much less two-thirds, and Rod Rosenstein appears to have committed no crimes or engaged in any behaviour remotely warranting impeachment. It is a political stunt that has no chance of success nor should it."

The war of impeachments won’t bode well with swing voters ahead of the 2018 midterm elections, according to Mr Berkovitz, who said Republicans should avoid making Mr Rosenstein’s impeachment a campaign issue.

“They have to be a little more careful,” he said. “Yes, you want to make sure your base is energized and turns out … but what these Republicans should be concerned about is how they’re going to do with independents and swing voters, and in the grand scheme of things attempting to impeach Rosenstein is a nothing burger.”