(CBS News)- Deputy Attorney General Rod Rosenstein is on his way to the White House, expecting to be fired, CBS News confirms, according to a source familiar with the situation. He has not resigned at this point. 

The news comes after the New York Times reported last week that Rosenstein had brought up the 25th Amendment and taping the president, something a Justice Department official said was done in humor.

Should Rosenstein resign or be fired, oversight of special counsel Robert Mueller’s Russia probe would be passed to Solicitor General Noel Francisco, according to the Justice Department. It’s possible President Trump would use the Vacancies Reform Act to appoint a new acting deputy attorney general. 

Mr. Trump left open the possibility of relieving Rosenstein of his duties in an interview with Geraldo Rivera. 

“I don’t want to comment on it. I don’t want to comment on it until I get all the facts. I haven’t gotten all the facts,” the president said in the radio interview that aired Monday. “But certainly it’s being looked at in terms of what took place, if anything took place, and I’ll make a determination sometime later.”

The president has also expressed frustration with Attorney General Jeff Sessions. Mr. Trump blames Sessions for recusing himself in the Russia investigation, which is why Rosenstein is in charge of the probe. Mr. Trump has lamented that, “I don’t have an attorney general,” and has largely declined to comment as to whether he will oust Sessions eventually.

— This is a developing story and will be updated