I have heard conflicting information. Which is correct?

[kentuck]

I have heard that the Independent Prosecutor law was repealed in 1999 and a new Special Counsel statute took its place?

The President could fire the "Independent Prosecutor" but he cannot fire the "Special Counsel"?

However, he could get someone in the Justice Department to fire him. If Rosenstein refused, he could fire Rosenstein and get someone else to do his dirty work?

Is that incorrect?

[JoeOtterbein]

1. Trump can fire him because he is a fed employee

[kentuck]

2. Then, why wouldn't he fire him?

If he is a threat, he would not hesitate if he feels his Party is behind him.

[JoeOtterbein]

3. He might yet. Give him a second, or at least a tweet!

[Ccarmona]

7. He fires him at His Own Peril

The President can fire him at any time, but he would have to face the political consequences.

[berni_mccoy]

4. He cannot fire him directly. He can ask the AG to do it.

And then the AG would have to decide if he wants to violate his recusal or make the DAG do it. It's unlikely the DAG would do it since he appointed Mueller, in which case Trump could fire the DAG. If things go this far, there would be demands for resignation or impeachment of Trump.

[TDale313]

5. I've heard on multiple shows tonight that Trump could fire him.

Mostly watching MSNBC fwiw. Will he? Not sure. Should he? No, I think it would backfire. But from what I'm hearing he has the authority.

I think most Repugs are hoping to use this to move on. Say it's an ongoing investigation and get back to work. Trump, I believe, is completely incapable of doing so. He's never let anything go and moved on in his life.

[applegrove]

6. CNN said that Trump could fire the Special Counsel. But that would

just make it more of a constitutional crisis for him.

[madamesilverspurs]

8. Near as I have been able to understand, he "can".

Just like he "can" jump off the top of Trump Tower. And both would have the same result.

But he "can".


.

[unblock]

9. the independent prosecutor could not be fired, hence "independent".

a special prosecutor cannot be fired by the president directly, but can be fired by the attorney general.

the president can fire the attorney general, so benedict donald can keep firing ag's until he finds one who will fire the special prosecutor.

this is why a special prosecutor is not "independent" and is weaker than an independent prosecutor.


technically, the independent prosecutor law wasn't repealed, it simply expired and wasn't renewed.

[Mme. Defarge]

10. Yes, I think that's correct.

[dmr]

11. He can fire the special counsel.

My info comes from the Maddow show. She spoke with the Attorney General, Hawaii (who is suing Trump over his Muslim ban). This attorney (I forget his name) was in the DOJ, and helped craft the current rules back in the 90s.

So, yes, Trump can fire Mueller, though if it were me, I'd say fuck you, Donald, and rehire the man.

If you can, watch the reruns tonight, hers and Lawrence O'Donnell. Both programs are informative & interesting.

[welivetotreadonkings]

12. It would be Rosenstein who could fire Mueller, not Sessions, since he has recused himself...

But Trump could definitely fire Rosenstein. We shall see.

https://www.vox.com/policy-and-politics/2017/5/17/15656102/special-counsel-investigating-trump-robert-mueller

[jberryhill]

13. It wasn't repealed, it just wasn't renewed

The IC law contained a sunset provision, and required periodic renewal.