Naming Robert Mueller as special counsel isn't enough because Trump can get rid of him

[spanone]

There is now credible evidence that President Trump pressed then-FBI Director James B. Comey to end the investigation of Michael Flynn, the administration’s first national security advisor. If true, Trump could be guilty of obstruction of justice. But there is no mechanism in place to ensure a truly independent inquiry of this or other possibly illegal actions by high-level Trump officials.

Congress should therefore renew the independent counsel statute providing for the appointment of a special prosecutor, one who cannot be fired by the president or the attorney general.

Without the protection of the independent counsel law, Trump can order Rosenstein to fire Mueller, and fire Rosenstein if he refuses.

On Wednesday, Deputy Atty. Gen. Rod Rosenstein announced he was appointing former FBI Director Robert S. Mueller III as special prosecutor to take over the Justice Department investigation of Russian meddling in the 2016 election. Without the protection of the independent counsel law, however, Trump can order Rosenstein to fire Mueller, and fire Rosenstein if he refuses.
Nor is an investigation by Congress or an independent commission enough. Criminal charges, if warranted, cannot be brought unless there is a prosecutor.

http://www.latimes.com/opinion/op-ed/la-oe-chemerinsky-freedman-special-prosecutor-20170518-story.html

[brush]

1. Trump can't fire him.

It would be like Watergate deja vue. The pushback itself would wound him and the repug party mortally, which is why the repugs won't allow it.

[DemocratSinceBirth]

2. He can but it would precipitate a Constitutional crisis.

[geek tragedy]

3. No, he can't.

Rosenstein can but otherwise he has civil service protections.

[DemocratSinceBirth]

6. He can order Rosenstein to fire Mueller

If Rosentein refuses he can fire him.

That is how the Saturday Night Massacre occurred


Nixon ordered Attorney General Richardson to fire Cox. Richardson refused and resigned in protest. Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox. Ruckelshaus also refused and resigned. Eventually Solicitor General Robert Bork fired him.

[geek tragedy]

8. True. But firing Rosenstein would be suicidal.

[DemocratSinceBirth]

9. He's a lunatic. But whomever he fires has to pass the Senate.

[spanone]

4. i added a paragraph where this author claims he can thru ordering rosenstein to fire him

[GP6971]

5. Mueller has bipartisan support

so my guess is 45/140 will try to fire him. Which will blow up in his face.

[mvd]

7. He could, but it wouldn't go over well at all

Repukes are already starting to crack.

[ucrdem]

10. Mueller won't do anything drastic.

He'll dust off Jimbo and launch his talk-show career but other than that I don't anticipate much drama emanating from that quarter.