Rod Rosenstein gets his day at the Supreme Court

CNN/Stylemagazine.com Newswire | 4/23/2018, 12:21 p.m.
Rod Rosenstein, the embattled deputy attorney general, will take a break from supervising the Russia investigation on Monday to make …
Rod Rosenstein

By Ariane de Vogue, CNN Supreme Court Reporter

(CNN) -- Rod Rosenstein, the embattled deputy attorney general, will take a break from supervising the Russia investigation on Monday to make his debut before the Supreme Court and argue a technical sentencing guidelines case.

A source close to Rosenstein said he asked to argue a Supreme Court case last winter in order to stay in touch with the practice of the law as his current job is largely administrative. Solicitor General Noel Francisco selected a case concerning sentencing guidelines with the knowledge that Rosenstein, a former federal prosecutor, is familiar with the issue.

Rosenstein will don a morning coat that is traditionally worn by government lawyers arguing before the court as well as presidential cufflinks that were given to him last Friday by White House counsel Don McGahn. (The Wall Street Journal first reported the gift from McGahn).

In the case he is handling, the justices are being asked to resolve a circuit split concerning how much explanation lower courts must provide when granting a motion to reduce a defendant's criminal sentence.

Aduacto Chavez-Meza pleaded guilty in 2013 to conspiracy and possession with intent to distribute methamphetamine. The government recommended that he be sentenced to 135 months. After the sentencing commission amended the guidelines, Chavez-Meza requested a reduced sentence of 108 months, but he was only granted a sentence of 114. He is appealing the sentence and claims the district court did not adequately explain how it reached its decision.

Rosenstein's argument before the Supreme Court comes as CNN has reported that President Donald Trump considered firing Rosenstein after the FBI raided the offices of his personal attorney. The action would potentially further Trump's goal of trying to put greater limitations on special counsel Robert Mueller's investigation.

Although not a common occurrence, Rosenstein is not the first deputy attorney general (or attorney general) to argue a case before the highest court.