[Sciutto:] Welcome back. This breaking, just seconds ago, moments ago, the Deputy Attorney General Rod Rosenstein asked about the acting Attorney General Matthew Whitaker. Have a listen.
[Question:] Can you tell us what since Mr. Whitaker has come in? What your role has been in overseeing the Mueller investigation?
[Rosenstein:] We'll have more for you on that later today. In terms of my role, as we have described previously, we have continued to manage the investigation as we have in the past. And it's being handled appropriately. Bob Mueller or Rod Rosenstein or Matt Whitaker or Bill Barr that investigation is going to be handled appropriately by the Department of Justice.
[Question:] Mr. Deputy Attorney General, since we have the benefit of you here today, would you mind weighing in on the memo that was revealed last night from the president's pick to lead the department, Bill Barr, that weighed in on the Mueller investigation, calling the obstruction inquiry fatally misconceived and also given the Barr nomination, should we expect that the ultimate report on the Mueller investigation would be deferred until he's confirmed?
[Rosenstein:] Bill Barr was an excellent attorney general during the approximately 14 months that he served in 1991 to 1993. Bill Barr will be an outstanding attorney general when he's confirmed next year. The memo that you may reference to reflects Mr. Barr's personal opinion. He shared his personal opinion with the department. Lots of people offer opinions to the Department of Justice, but they don't influence our own decision making. We have very experienced lawyers. And obviously, our decisions are informed by our knowledge of the actual facts of the case, which Mr. Barr didn't have. I didn't share any confidential information with Mr. Barr. He never requested that we provide any non-public information to him, and that memo had no impact on our investigation.
[Question:] Two very quick questions. Number one, can you give us a sense of the number of groups like this operating in China that are attempting to steal information? My second question is on the rule of law. The president of the United States tweeted a photograph with you behind bars, talked about a cooperating witness as being a rat. Can you assure the American public that this department will make sure it operates directly on the rule of law?
[Rosenstein:] The second question first. This department operates under the rule of law and as we make our decisions based on the facts and circumstances of each individual case and without regard to partisan political considerations. On the first question, I think it's important for people to understand this group is referred to as APT- 10, Advanced Persistent Threat 10. It's not the only one. And I think Director Wray can talk to you a bit about what the FBI does not only to prosecute perpetrators but to work with American businesses to try to deter and prevent these sorts of attacks.
[Christopher Wray, Fbi Director:] The one thing I would add to what the deputy attorney general just said is that in addition to these APT-10 groups, APT 1 through 9 or the APTs of the future, we have lots and lots and lots of criminal hackers working in varying ways in coordination with and on behalf of nation states. It's what we call a blended threat. Think of it as just outsourcing your criminal or espionage activity to mercenaries. China is not the only country, that we have seen do it, but people in this country and around the world need to understand that China is the most active and aggressive in this space. And so it's not just Chinese officials with epaulets on their uniforms. These are state-owned enterprises, ostensibly private companies. Hackers of all shapes and sizes, researchers, businessmen, people working for a variety of reasons, some witting, some unwitting, on behalf of the Chinese government. And it's a very serious threat that this country needs to take very seriously.
[Question:] Mr. Deputy Attorney General, what do you say to critics who argue the Justice Department is being used for political purposes at a time of heightened tension between the U.S. and China especially when you have a president
[Sciutto:] You have been watching the deputy attorney general there updating on a number of investigations, including seeming to telegraph an announcement on his role overseeing the Russia probe sometime later today. But we have new news into CNN. It's been that kind of day. This coming from our White House team, a senior White House official tells CNN that it's possible that President Trump will decide not to back down on the wall fight as a result of growing pressure from the freedom caucus and conservatives. We're joined by our David Gergen here. So it appears, we were talking about this a few moments ago, that the president is hearing it from the right and might decide to shut the government down.
[David Gergen, Cnn Senior Political Analyst:] It's hard to believe. Just two days ago, he decided he did not want to shut the government down. He would accept gracefully no wall. And now, this sort of pushing the other way you know what this invites? It invites people to press him, keep pressing, maybe you'll get it. It's very uncertain policy.
[Sciutto:] Well, what's interesting here, he could lose on both I mean, he could both shut the government down and still not get the money for his wall, right?
[Gergen:] I totally agree. I think it's ultimately where it's probably going to come out. Conservative force his hand and he decides to do this, we were asking this question earlier, how does he then decide to call off the shutdown? What is he going to have to show for it? The Democrats are not going to give him the wall. That's just not there.
[Sciutto:] Dynamic will change as of January when the Democrats control one chamber.
[Gergen:] Yes, and you wonder, too, whether to not have you've got a lame duck chief of staff now. You wonder who is helping to guide this process.
[Sciutto:] Well, possible no one.
[Gergen:] Exactly.
[Sciutto:] David Gergen, thanks very much. Thanks so much for joining me today. We had a lot of news this hour, but a lot more to cover. I'm Jim Sciutto.