Mr. McCabe, who was later fired from the F.B.I., declined to comment. His memos have been turned over to the special counsel investigating whether Trump associates conspired with Russia’s election interference, Robert S. Mueller III, according to a lawyer for Mr. McCabe. “A set of those memos remained at the F.B.I. at the time of his departure in late January 2018,” the lawyer, Michael R. Bromwich, said of his client. “He has no knowledge of how any member of the media obtained those memos.” ...
One week after the firing [of Comey], Mr. Rosenstein met with Mr. McCabe and at least four other senior Justice Department officials, in part to explain his role in the situation.
During their discussion, Mr. Rosenstein expressed frustration at how Mr. Trump had conducted the search for a new F.B.I. director, saying the president was failing to take the candidate interviews seriously. A handful of politicians and law enforcement officials, including Mr. McCabe, were under consideration.
To Mr. Rosenstein, the hiring process was emblematic of broader dysfunction stemming from the White House. He said both the process and the administration itself were in disarray, according to two people familiar with the discussion.
Mr. Rosenstein then raised the idea of wearing a recording device or “wire,” as he put it, to secretly tape the president when he visited the White House. One participant asked whether Mr. Rosenstein was serious, and he replied animatedly that he was.
If not him, then Mr. McCabe or other F.B.I. officials interviewing with Mr. Trump for the job could perhaps wear a wire or otherwise record the president, Mr. Rosenstein offered. White House officials never checked his phone when he arrived for meetings there, Mr. Rosenstein added, implying it would be easy to secretly record Mr. Trump.
The suggestion itself was remarkable. While informants or undercover agents regularly use concealed listening devices to surreptitiously gather evidence for federal investigators, they are typically targeting drug kingpins and Mafia bosses in criminal investigations, not a president viewed as ineffectively conducting his duties.
In the end, the idea went nowhere, the officials said. But they called Mr. Rosenstein’s comments an example of how erratically he was behaving while he was taking part in the interviews for a replacement F.B.I. director, considering the appointment of a special counsel and otherwise running the day-to-day operations of the more than 100,000 people at the Justice Department.
Mr. Rosenstein’s suggestion about the 25th Amendment was similarly a sensitive topic. The amendment allows for the vice president and majority of cabinet officials to declare the president is “unable to discharge the powers and duties of his office.”
Merely conducting a straw poll, even if Mr. Kelly and Mr. Sessions were on board, would be risky if another administration official were to tell the president, who could fire everyone involved to end the effort.
