Wednesday, September 26, 2018

Filipino American waiting in the wings if Rosenstein is fired or resigns

SCREEN CAPTURE / YOUTUBE
Solicitor General Noel Francisco
THE SON OF A FILIPINO IMMIGRANT might be stepping out of the frying pan and into the fire of the probe of Russian influence on the 2016 U.S. elections.

Solicitor Noel Francisco is next in line to supervise special counsel Robert Mueller’s Russia investigation if Deputy Attorney General Rod Rosenstein resigns or is fired by Donald Trump, who is angry at the direction of the probe headed by special counsel Robert Mueller’s investigation into Russian interference during the 2016 election and whether the Trump campaign coordinated with the Kremlin on those efforts.

Usually, when an Asian American achieves a highly visible position of influence, either as a pop culture icon or a political leader, we would applaud, but in Francisco's case, we're withholding any chest-thumping or pumped fists.


If Francisco were to take over Rosenstein's job as No. 2 in the DOJ, you can pretty much kiss Mueller's investigation goodbye.

The ultra-conservative Supreme Court litigator is the DOJ’s No. 4 official. However, he would take over the Russia probe since Attorney General Jeff Sessions recused himself from the matter and there is no No. 3, afterf former Associate Attorney General Rachel Brand resigned in February, according to The Hill.


Working for President George W. Bush as legal counsel in his White House and as deputy assistant attorney general., Francisco was on the team that argued the critical case of the 2000 Florida election recount team.

In 2005, he joined the influential Washington D.C. law firml Jones Day, which has sent several lawyers into senior Trump posts, including White House Counsel Don McGahn.


It’s pretty clear that Francisco is a partisan lawyer putting his loyalty to Trump over the supposed impartiality of the Justice Department and the FBI,. If he had to make a choice, he would side with Trump over those agencies' traditional independence. That could involve severely limiting the special counsel’s investigation or simply abandoning the investigation entirely.

Some Democrats were quick to oppose the prospect of Francisco overseeing the probe.

“If Rosenstein departs, Noel Francisco should not oversee the Special Counsel investigation. His previous firm Jones Day represents the @realDonaldTrump campaign in the Special Counsel investigation,” Rep. Ted Lieu, D-CA tweeted. “This is a huge conflict of interest.”


As Solicitor General, Francisco represents the Trump White House in cases before the Supreme Court. He helped transform the office from its traditional role as the American people’s advocate before the Supreme Court into a partisan legal representative for Trump views and GOP positions.

Before he received the appointment, as a high-profile attorney he was well-known in that exclusive club of barristers who argue cases in front of the Supreme Court. Francisco solidified his conservative credentials by taking up cases on behalf of big business and fundamentalist beliefs.

Think Progress reminds us that rancisco was one of the tobacco industry‘s top appellate advocates. And he represented the coal company at the heart of a deadly mining disaster — a coal company owned by Trump’s Commerce Secretary Wilbur Ross.

In the Supreme Court, Francisco convinced the justices to effectively strip President Obama of the recess appointments power. He represented religious conservatives attacking the Obama administration’s efforts to expand access to birth control. And persuaded the Court to legalize many forms of political bribery
Last term, he successfully fought back a challenge to Trump’s travel ban.

Francisco is the son of a Filipino immigrant, Nemesio Francisco, who moved to the U.S. with little money and not speaking much English, according to Syracuse.com. His father died at 53 of cancer after becoming a doctor in Oswego. His mother, Therese Francisco, still lives in Oswego. He got a bachelor‘s and law degree from the University of Chicago and then clerked for Supreme Court Justice Antonin Scalia. 

He lives in Washington D.C. with his wife and two daughters, one of which -- interesting enough -- is a Russian adoptee.

If Rosenstein is fired or forced to resign, Francisco's possible appointment as his replacement is no cause for celebration for the AAPI community.
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