Note from the Robert Mueller investigation noted that Rod Rosenstein and Andrew McCabe were worried that opening an investigation following the firing of James Comey could be viewed as retaliatory.
According to The Daily Caller:
Former Deputy Attorney General Rod Rosenstein and former FBI Deputy Director Andrew McCabe discussed whether opening an investigation of President Donald Trump days after he fired James Comey would be perceived as an act of revenge for getting rid of the FBI director, according to interview notes from the special counsel’s investigation released this week.
McCabe told FBI agents during an interview on Sept. 26, 2017 that he met with Rosenstein multiple times in the days after Comey’s firing on May 9, 2017 to discuss plans to appoint a replacement, as well as how to handle the ongoing Russia investigation.
McCabe told the FBI that in a May 16, 2017 meeting with Rosenstein he brought up the possibility of opening an investigation of Trump for obstruction of justice and possible collusion with Russia, according to the notes, which BuzzFeed News and CNN first obtained through a Freedom of Information Act lawsuit and published Monday.
Trump was not a target of the FBI’s Russia probe before he fired Comey. Up until that point, the bureau was investigating four Trump associates — Michael Flynn, Paul Manafort, Carter Page and George Papadopoulos — to assess whether they worked with Russians to influence the 2016 election.
Mueller’s investigation found no evidence of Trump or any associate conspiring with Russia.