Andrew McCabe claimed Rod Rosenstein wanted to invoke the 25th Amendment. But that account is in dispute.

Andrew McCabe and Rod Rosenstein.
(Image credit: Mark Wilson/Getty Images)

Sources told The New York Times on Friday that Deputy Attorney General Rod Rosenstein discussed in meetings the possibility of invoking the 25th Amendment to declare President Trump unfit to serve and remove him from office, and that he proposed wearing a wire to secretly record Trump. But how the conversation really played out is unclear.

These conversations were reportedly documented in memos written by former Deputy FBI Director Andrew McCabe, and other sources told the Times that Rosenstein followed up on the suggestions later. The Washington Post reports that McCabe's memos detailed conversations about a wire and the 25th Amendment that both occurred at the same meeting, shortly after Trump fired former FBI Director James Comey. But one person who was at the meeting told the Post that the 25th Amendment was not discussed, in addition to confirming that Rosenstein mentioned wearing a wire "sarcastically." The source says a wire was only brought up because of McCabe's needling for further investigation into Trump, not because of Rosenstein's interest in actually doing so. It was "a sarcastic comment along the lines of, 'What do you want to do, Andy, wire the president?'" per the Post.

Another source told the Post that McCabe had previously claimed in private that Rosenstein suggested invoking the 25th Amendment. Rosenstein has denied the Times report, calling it "inaccurate and factually incorrect."

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McCabe's attorney told ABC News in a statement that the former acting FBI director "drafted memos to memorialize significant discussions he had with high level officials ... When he was interviewed by the special counsel more than a year ago, he gave all of his memos — classified and unclassified — to the special counsel's office. A set of those memos remained at the FBI at the time of his departure in late January 2018. He has no knowledge of how any member of the media obtained those memos."

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Summer Meza, The Week US

Summer Meza has worked at The Week since 2018, serving as a staff writer, a news writer and currently the deputy editor. As a proud news generalist, she edits everything from political punditry and science news to personal finance advice and film reviews. Summer has previously written for Newsweek and the Seattle Post-Intelligencer, covering national politics, transportation and the cannabis industry.