Question.. I've heard conflicting statements..

[defacto7]

Can Trump fire Mueller?
The former Attorney General who was involved in the writing of the 1999 regulation by which Mueller was appointed says yes. The Rachel Maddow show last evening has some major comments about this.

[DonViejo]

1. Yes, Trumpty Dumpty can fire Mueller.

[hlthe2b]

2. There seems to be some suggestion that Mueller was brought in as a civil servant

not merely an appointment. If that is the case (and CBS has reported that it is) then civil service protections apply:


The President can fire only those government employees whose posts are appointed by the President and who “serve at the pleasure of the President”: the President’s closest staff and certain political appointees, such as Presidentially-appointed members of the Cabinet. The President cannot fire the heads of most independent agencies, nor can he fire federal judges, even though these posts are all appointed by the President, nor can the President fire the Vice President. The President also has no power to fire anyone who has been employed by the federal government through the federal civil service system; the President may initiate the process of reviewing whether a federal civil service employee should be terminated, but the decision to actually do so must be made according to the procedures established by Congress in the Pendleton Act, procedures in which the President generally has no privileged role.

In practice, the President can cause a federal employee to be fired fairly easily, but for the vast bulk of federal employees, the President doesn’t have the authority to fire them straight away.

So, I guess the answer is not readily or at least not without repercussions.

[defacto7]

3. Great response. Thanks.

Rachel asked former MA attorney general Kiely bluntly what concerns we should have about Trump. He said directly that the president can dismiss Mueller. That's what we should worry about. Dan Rather reiterated the position and made some commentary that was kind of stunning. Rachel also read a statement from another source in corroboration. I'm just parroting what I heard but it sounded a bit worrysome.

And that's where the interpretation gets cloudy for me. These sources were adamant.