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Restored Republic via a GCR: Update as of Oct. 18, 2017

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Sunday, July 23, 2017

2 Ways Trump Could Fire Mueller, One Leads to Nixon's Downfall

There are 2 ways Trump could have Mueller fired, and one of them led to Nixon's downfall



(Robert Mueller.Alex Wong/Getty Images)

by Natasha Bertrand - Business Insider July 21, 2017

President Donald Trump has again raised speculation that he could move to fire Robert Mueller, the special counsel overseeing the FBI's investigation into Russia's interference in the 2016 election.

Trump could order Mueller's dismissal. But he would not be able to fire him directly unless he ordered the repeal of the special-counsel regulations adopted in 1999, according to Neal Katyal, the former acting solicitor general, who helped draft the regulations.

But that would be an "extravagant" move, Katyal wrote in a Washington Post column on May 19. If Trump wanted Mueller gone, it is more likely he would order Deputy Attorney General Rod Rosenstein to fire him.

And even that would be shocking.

"Either of those actions was unthinkable to us back in 1999, for we understood that President Richard Nixon's attempt in this regard ultimately led to his downfall," Katyal wrote. He was alluding to the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus in October 1973 after they refused to follow Nixon's orders to fire the special prosecutor investigating Watergate, Archibald Cox.

"At the same time, after Trump's firing of FBI Director James B. Comey this month, many things once thought beyond the realm of possibility look less so now," Katyal said.

Andrew Wright, a professor of constitutional law at Savannah Law School, said Trump had the power to order Rosenstein to fire Mueller. But he said the special- counsel regulations "require termination only for cause," meaning Trump would have to convince Rosenstein that there are grounds to dismiss Mueller.

Department of Justice regulations stipulate that the attorney general — or, in this case, Rosenstein, as Attorney General Jeff Sessions has recused himself from matters relating to the investigation — "may remove a special counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of departmental policies," and must "inform the special counsel in writing of the specific reason for his or her removal."

There is no evidence that Mueller has engaged in any inappropriate behavior that would warrant his removal. He was also already granted a waiver by the Justice Department to lead the probe despite a possible conflict of interest stemming from his law firm's representation of some of the people caught up in the investigation, including former Trump campaign manager Paul Manafort and Jared Kushner, the president's son-in-law and senior adviser.

For Trump to order Mueller's firing with no good reason, then, "would be insane even by Trump-era standards," Wright said. And it's possible Rosenstein could refuse, meaning he would have to resign or Trump would have to fire him, which would create a situation eerily reminiscent of Nixon's "Saturday Night Massacre." ....

Source: Yahoo

-- Submitted by Jeff

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