The Senate voted 94-6 Tuesday to confirm Rod Rosenstein as deputy attorney general.
Rosenstein will be in charge of overseeing the investigation into Russia’s meddling in the 2016 presidential election, including potential connections between Trump campaign officials and Moscow.
He could also decide whether the Justice Department will pursue charges against current or former Trump officials.
Rosenstein will face near immediate pressure from lawmakers to appoint a special prosecutor to oversee the investigation and any potential charges that spin out of it.
Top Democrats, who announced their support for Rosenstein this week, signaled that they think Rosenstein will ultimately side with them.
{mosads}Senate Minority Leader Charles Schumer (D-N.Y.) said that Rosenstein told him during a private meeting that “he would appoint a special counsel to conduct that investigation if one is required.”
“He has promised to give this careful consideration. I believe if he studies the department regulations, he will come to the same conclusion many of us have, that a special counsel is merited,” he added.
Rosenstein made similar comments during his hearing before the Senate Judiciary Committee earlier this year while declining to commit to appointing a special prosecutor.
Sen. Dick Durbin (D-Ill.) said that the best way for Rosenstein to oversee the Russia-Trump investigation with “independence, diligence and integrity” would be to appoint a special prosecutor.
“If Mr. Rosenstein does not appoint a special counsel, the spotlight will be on him personally to make sure the investigation is conducted properly no matter where it leads. I hope he exercises good judgment,” Durbin said.
Attorney General Jeff Sessions has recused himself from any investigations tied to the Trump campaign amid blowback over his own conversations with the Russian ambassador while a member of Trump’s campaign and transition team.
The Washington Post reported earlier this year that Sessions had spoken twice with the Russian ambassador last year, even though he told Sen. Al Franken (D-Minn.) during his confirmation hearing he had not had communications with the Russians.
Democrats have praised Rosenstein, pointing to his work for both Republican and Democratic administrations. He was confirmed by a voice vote in 2005 to be U.S. attorney for Maryland.
The move was a break from Sessions’s attorney general nomination, which was opposed by every Democratic senator expect Sen. Joe Manchin (D-W.Va.) — who is up for reelection in a state carried by Trump.
Of the six Democrats who voted against ending debate on Rosenstein’s nomination earlier this week, four — Sens. Cory Booker (N.J.), Kirsten Gillibrand (N.Y.), Kamala Harris (Calif.) and Elizabeth Warren (Mass.) — are considered potential 2020 White House contenders.
Sen. Richard Blumenthal (D-Conn.) also opposed Rosenstein’s nomination because he wouldn’t promise to appoint a special prosecutor.
“Mr. Rosenstein has said that he wants to be approved by the Senate before he decides whether to appoint a special prosecutor, but that delay will mean that a man who was hired and can be fired by President Trump will decide whether the Trump administration will face a thorough and complete investigation,” he said.
Senate Majority Leader Mitch McConnell (R-Ky.) knocked Democrats on Monday, accusing them of slow-walking Rosenstein’s nomination even though he’s received broad bipartisan support.
“[This is] the latest in a long pattern this year of needless Democratic obstruction that is not intended to change a result, just delay for delay’s sake,” he said from the Senate floor.