An abstract, in-case-of-emergency-break-glass executive order    drafted by the Trump administration in March may become    real-world applicable as the president, raging publicly at his    Justice Department, mulls firing special counsel Robert    Mueller.  
    Since taking office, the Trump administration has twice    rewritten an executive order that outlines the order of    succession at the Justice Department  once after President    Donald Trump fired acting Attorney General Sally Yates for    refusing to defend his travel ban, and then again two months    later. The executive order outlines a list of who would be    elevated to the position of acting attorney general if the    person up the food chain recuses himself, resigns, gets fired    or is no longer in a position to serve.  
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    In the past, former Justice Department officials and legal    experts said, the order of succession is no more than an    academic exercise  a chain of command applicable only in the    event of an attack or crisis when government officials are    killed and it is not clear who should be in charge.  
    But Trump and the Russia investigation that is tightening    around him have changed the game.  
    Attorney General Jeff Sessions has already recused himself from    overseeing the investigation into possible collusion between    Trump campaign aides and Russian operatives, after it was    revealed that he failed to disclose meetings with the Russian    ambassador during the campaign. And Trump started his morning    on Friday by appearing to take a public shot at his deputy    attorney general, Rod Rosenstein, who has increasingly become    the target of his impulsive anger.  
    I am being investigated for firing the FBI Director by the man    who told me to fire the FBI Director! Witch Hunt, the    president tweeted.  
    The Justice Department said in a statement on Friday that there    are no current plans for a recusal, but Rosenstein has said in    the past that he would back away from overseeing Muellers    investigation if his role in the ouster of former FBI Director    James Comey becomes a conflict.  
    That has legal experts closely examining the dry executive    order to figure out who might be next up to bat, or, as    Democratic lawyers and consultants view it, who might serve as    Trumps next sacrificial lamb.  
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    We know Rachel Brand is the next victim, said Benjamin    Wittes, a senior fellow at the Brookings Institution and the    editor-in-chief of Lawfare, referring to the former George W.    Bush official who was recently confirmed as associate attorney    general, the third-highest position in the Justice Department.  
    For those of us who have high confidence in Rachel  the more    confidence you have in someone in this role, the less long you    think theyll last, said Wittes, who said he considers Brand a    friend. That does put a very high premium on the question of    who is next.  
    That question, however, has become more complicated because the    Trump administration has been slow to fill government positions    and get those officials confirmed. Typically, the solicitor    general would be next in line after the associate attorney    general, followed by the list of five assistant U.S. attorneys,    the order of which would be determined by the attorney general.    But none of those individuals have been confirmed by the    Senate, and they would be unable to serve as acting attorney    general without Senate confirmation.  
    Because of that, the executive order comes into play  one that    puts next in line after Brand the U.S. attorney for the Eastern    District of Virginia, Dana Boente. Boente, a career federal    prosecutor and an appointee of former President Barack Obama,    was tapped last April to serve as the interim head of the    Justice Departments national security division, which oversees    the FBIs Russia investigation.  
    Boente, who was briefly thrust into the no. 2 spot at the    Justice Department after Yates was fired, was also tasked with    phoning Preet Bharara, then U.S. Attorney for the Southern    District of New York, to deliver the unexpected news that he    was fired. At the time, Boente also vowed to defend Trumps    travel ban in the future.  
    Boente is followed, on the succession list, by the U.S.    attorney for the Eastern District of North Carolina, John    Stuart Bruce; and the U.S. attorney for the Northern District    of Texas, John Parker. Both are career prosecutors who are    serving in their posts on an interim basis, until a    presidential appointment is made. But they would not need to be    Senate confirmed to take over.  
    It was not clear why the Trump administration chose those three    U.S. attorneys to be in the succession line. During the Obama    administration, sources familiar with the drafting of the old    executive order said, the positions were chosen based on    geographic diversity, and purposely included big cities where    officials assumed there would be a talented attorney capable of    stepping in: The U.S. attorneys on the succession list were    from Washington, D.C., Chicago and Los Angeles.  
    Some former Justice Department officials said they would find    it inconceivable for Trump to clean house, or to fire Mueller     even taking into account the sometimes erratic behavior of the    commander in chief.  
    This president is so unpredictable, its hard to say, said    Emily Pierce, a former Justice Department official in the Obama    administration. It would be the craziest thing hes done to    date if he were to start firing the special counsel or    Rosenstein. Im trying to give him the benefit of the doubt    that he realizes how much trouble he may be in  and that with    the firing of Comey, he wouldnt do that.  
        Deputy U.S. Attorney General nominee Rod Rosenstein and        Rachel Brand, then a nominee for associate attorney        general, testify before the Senate Judiciary Committee on        March 7. Brand is considered the next person in the        executive order at the Justice Department. | Getty      
    But others were less willing to predict the actions of a    president who prides himself on being unpredictable. At the    rate we're going, it's clearly possible, because you could go    through a number of people in one go depending on the things    that are asked of them, said Jane Chong, a national security    and law associate at the Hoover Institution. If Rosenstein had    refused to write the memo [laying out the case for Comeys    firing], you can imagine him being fired, and you can imagine    Brand doing the same thing. Its not difficult to see a    scenario like that playing out down the line, Chong said.  
    In Washington circles, the comparison being made is between    Trumps desire to rid himself of Mueller, at potentially any    cost, and the Saturday Night Massacre during Watergate, in    1973, when the attorney general and the deputy attorney general    both resigned after refusing to obey President Richard Nixons    order to fire special prosecutor Archibald Cox. It fell to the    solicitor general at the time, Robert Bork, to do the deed.  
    I think the Watergate scenario would make most self-respecting    lawyers loath to put themselves in the role that Bork ended up    playing, said Brian Fallon, a former Obama Justice Department    and Hillary Clinton spokesman. Most career-minded independent    lawyers that have high regard for the Justice Department as an    institution would be loath to be the modern-day equivalent to    Bork.  
    But Trump, too, is cognizant of the comparison to Nixon,    according to one adviser. The president, who friends said does    not enjoy living in Washington and is strained by the demanding    hours of the job, is motivated to carry on because he doesnt    want to go down in history as a guy who tried and failed, said    the adviser. He doesnt want to be the second president in    history to resign.  
    A White House spokeswoman referred queries to the Justice    Department. A Justice Department spokesman declined to comment.  
    Darren Samuelsohn contributed to this report.  
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Trump threatens to break the glass on DOJ succession plan - Politico