Donald Trump claimed for months that he wasn’t under investigation by the FBI for collusion with Russia. It appears that may have been one of the only things the President has ever told the truth about. Unfortunately for Trump, now he is officially under investigation for possible Obstruction of Justice for his meddling with former FBI Director James Comey’s job of looking into the scandal.
There’s also been talk, from someone allegedly close to the situation, that Trump has been considering firing appointed special prosecutor and other former FBI director Robert Mueller. Also unfortunately for Trump, he can’t do that. Even if he could and did, that would be an admission of guilt so strong that even this guy couldn’t weasel his way out of it.
The Stern Facts explains some other important details of this case and why Trump can’t fire Robert Mueller.
A Watergate-era case Nader vs. Bork lays out a direct precedent that logically indicates the legal reasons why the Special Counsel’s position is secure. Here’s three excerpts from the judge’s ruling:
1. It should first be noted that [the Special Prosecutor] was not nominated by the President and did not serve at the President’s pleasure. As an appointee of the Attorney Mr. Cox served subject to congressional rather than Presidential control.
2. It is settled beyond dispute that under such circumstances an agency regulation has the force and effect of law, and is binding upon the body that issues it.
3. The Supreme Court has twice held that an Executive department may not discharge one of its officers in a manner inconsistent with its own regulations concerning such discharge.
It’s also important to note that Mueller is subject to congressional review, meaning if he were fired by Trump, any member of congress could sue to have him restored.
Grant Stern goes on to point out that the DOJ regulations that establish Mueller’s special counsel post which were drafted in 1999 to replace the Independent Counsel statute that empowered Kenneth Starr’s endless Whitewater investigation
The regulations stipulate the highest standards possible for firing the prosecutor, “for good cause shown” and a few other specific reasons — misconduct, dereliction of duty, incapacity, conflict of interest — none of which are applicable.
Democratic Rep. Al Green went as far as to say that if Trump fired Mueller (or tried), he would immediately bring articles of impeachment to the house floor, and Rep. Adam Schiff is on record as saying “don’t waste our time firing Mueller,” knowing that it would be disastrous for the President, and wouldn’t accomplish what he thinks he would.