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In reply to the discussion: This presidency can't be saved. It's all downhill from here. - By Jennifer Rubin [View all]phleshdef
(11,936 posts)6. She is leaving out the part where Mueller can use the courts to avoid being fired.
https://verdict.justia.com/2017/07/21/trumps-mueller-scheming-will-fail
On what basis can the special counsel be removed? And can Trump really fire Mueller?
Answer: Unlike the special prosecutor created during Watergate, the special counsel was appointed pursuant to Sections 600.4 through 600.10 of Title 28 of the Code of Federal Regulations, which addressed some of the earlier problems. For example, he can only be removed by personal action of the Attorney General (and since Sessions is recused, Deputy Attorney General Rosenstein). 28 CFR 600.7 states: The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal. Unlike the summary firing of Archibald Cox by Nixon, to remove Mueller or any of his staff would require an investigation and proceeding by the Department of Justice, and would be subject to appeal in federal court. Indeed, these regulations were written to make it difficult to remove a special counsel, and I seriously doubt Trump can succeed. These regulations would have to be nullified by Trump, but I have little doubt Mueller could and would litigate that action, and prevail in federal court because a president cannot remove due process to accomplish his goal of removing the special counsel. Nor with a special counsel as experienced and careful as Mueller, can he exercise any control over the investigation.
Answer: Unlike the special prosecutor created during Watergate, the special counsel was appointed pursuant to Sections 600.4 through 600.10 of Title 28 of the Code of Federal Regulations, which addressed some of the earlier problems. For example, he can only be removed by personal action of the Attorney General (and since Sessions is recused, Deputy Attorney General Rosenstein). 28 CFR 600.7 states: The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal. Unlike the summary firing of Archibald Cox by Nixon, to remove Mueller or any of his staff would require an investigation and proceeding by the Department of Justice, and would be subject to appeal in federal court. Indeed, these regulations were written to make it difficult to remove a special counsel, and I seriously doubt Trump can succeed. These regulations would have to be nullified by Trump, but I have little doubt Mueller could and would litigate that action, and prevail in federal court because a president cannot remove due process to accomplish his goal of removing the special counsel. Nor with a special counsel as experienced and careful as Mueller, can he exercise any control over the investigation.
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This presidency can't be saved. It's all downhill from here. - By Jennifer Rubin [View all]
DonViejo
Jul 2017
OP
Steve Schmidt, David Frum, and more all the time. The current bunch in the WH are radical rightists
Hekate
Jul 2017
#24
She is leaving out the part where Mueller can use the courts to avoid being fired.
phleshdef
Jul 2017
#6
we've had six months of steady downhill. we have to dig a hole to go lower
NRaleighLiberal
Jul 2017
#10
Sadly that scenario seems to be the only one based in the reality of the moment
workinclasszero
Jul 2017
#17
There's the rub. His supporters will believe it, further cementing the cloud he is creating -
Solly Mack
Jul 2017
#66
This is the plan: (1) Sessions Resigns; (2) New AG Appointed; (3) New AG Fires Mueller
TomCADem
Jul 2017
#36
After Obama tested and lost the recess appointment argument in the SCOTUS
BumRushDaShow
Jul 2017
#52