Friday, May 19, 2017

Daily Kos — Mueller isn't entirely shielded from Trump, but firing him would cause a colossal fallout


The appointment of a special counsel to oversee the Trump-Russia investigation brings to mind the question whether Trump could again fire someone who is getting too close to the truth. Apparently, the answer is yes he can.

Here is Robert Reich’s explanation:

Kudos to Deputy Attorney General Rod J. Rosenstein for appointing former FBI Director Robert Mueller as special counsel to oversee the investigation into the Trump administration's alleged ties with Russia and interference in the presidential election.

Bear in mind, though, that Mueller won’t have the independence of a special prosecutor appointed under the Office of Independent Counsel. That office no longer exists. The law establishing it was enacted in 1978 in response to the Watergate scandal, and expired in 1999. The office was separate from the Justice Department, and counsel were appointed by a panel of judges from the U.S. Court of Appeals for the District of Columbia.

So if Trump doesn't like what Mueller is doing or discovering, he can fire Mueller just like Nixon fired Archibald Cox.

Which is why Congress must renew the independent counsel law, providing for the appointment of an independent special prosecutor who cannot be fired by the president or the attorney general.

Robert Mueller with James Comey at Mueller's
retirement from leading the FBI in 2013.

(Photo Credit: Nicholas Kamm/Afp/Getty Images)
Mueller isn't entirely shielded from Trump, but firing him would cause a colossal fallout

By Kerry Eleveld