Of course, recently I’ve been wondering how many decent people are left or care. Lots I know, but is it enough. I suppose we’ll know in November.

an independent counsel?

not Mueller is fired?

Rosenstein's initial directive for the investigation was very broad. Wouldn't Rosenstein or his replacement be able to re-visit the scope and effectively set new boundaries for the special counsel? Declare certain areas off-limits? Maybe even set a deadline for completions? Maybe ask to see evidence?

Mueller is important, but not as important as the integrity of the investigation. They are going after the investigation now, not Mueller. That's why all the goprs are coming out with the straw man red line re firing Mueller. Cowards and slimeballs.

That's pretty much what happened with DACA and the immigration ban. He'd have to go through a bunch of steps to rewrite the regulations, which takes time. Trump is too impatient for that, so he ends up wasting more time in court than if he had done it right the first time.

On edit: The writers probably also didn't contemplate a scenario where a president would pull a 100X Nixon and attempt to rewrite the regulation for clear and obvious purpose of obstruction of justice. That's a thorny issue that the SCOTUS would have to decide, but my guess is no, he can't.

Then, he can be charged with obstruction, right?

If the Republican House doesn't move to impeach, which it seems unlikely that they would.

He's just figuring out how to do it. How to go about it, what to reveal, when. He's likely on the phone to several congresspersons, maybe even Graham. I give it ca. 48 hours until the shit-show begins. Then . . .


It's going to be a rough ride. I think I know what the outcome will be but I am less sure today than a few months ago. I hope America is up to this, but the shameful display of many Republicans and right-wing media this past 6-8 months has been astounding. I just don't know.

But I know it's going to be a rough ride. Remember that feeling you had on election night and the next day? That was a taste.

And the Republicans seem like they are not going to have the backbone to stop him (perhaps they don't even want to).

There are not enough competent henchmen remaining to pull anything off. Trump is toast. From here it is just a matter of how crispy he will allow his toast to become.

Laurence Tribe explains exactly WHY Trump does not have the power to fire Mueller https://www.democraticunderground.com/100210476296
- Laurence Tribe @tribelaw
Anyone advising Trump he has power to remove Mueller better read In re Hennen (1839), reaff’d by CJ Taft (1926) and CJ Roberts (2010), holding that POTUS cannot personally remove an officer appointed by a member of his Cabinet unless an Act of Congress greenlights such removal.
8:39 PM - Apr 10, 2018

Link to tweet

What do you say RandomAccess?

The person I quoted in my OP is actually someone who drafted the regulations regarding the special counsel, and he is saying that the President has the power to repeal it on his own.

And how many cases has HE tried before the Supreme Court???

Look, I don't have any skin in the game -- TWT: Time Will Tell

But you have to realize it'll be the courts who determine the outcome, not you, me, your source of even Tribe.

a long time ago - so does the authority cede to the next in line?

which is why he is pissed at Sessions for not doing it.
but....there are apparently divided opinions that it is possible, so any attempt will be fought in the courts, while Mueller keeps doing what he does.
Rosenstein has spoken to this some time ago, saying the Special Prosecutor role was written so that only HE can fire Mueller.

bear in mind Trump tends to hire stupid lawyers.

FWIW...there are a lot of smart people on our side, who will challenge any attempt by Trump. The challenge alone will take time.

And there would most likely be a protracted struggle in the courts.

Meanwhile, prosecutors and Grand Juries would continue their work.

Again, this is from the person who actually wrote the special counsel regulations two decades ago:

But will pay.

4.So that means while the regs are in place, Trump can’t fire Mueller directly, as it exceeds his authority and contravenes DOJ rules.

5.I do not think Trump can directly remove the regs, since they were made by DOJ under laws of Congress that so authorized DOJ, and thus the regs have to be removed by DOJ. Congress gave this power to DOJ, and DOJ exercised it in 1999.

6.The fact Trump can’t directly remove the regulations is confirmed by DOJ opinions, like this one written by Bush appointee John Yoo.

https://mobile.twitter.com/neal_katyal/status/983901878785277952

So sounds like it would still require a Saturday night massacre scenario to accomplish this. Ultimately i think this ends up in SCOTUS to determine limits of Presendential power.

I could do that sure, but...there will be severe consequences for that act of course LOL

Same principal applies to Shitler should he be so foolish as to fire Mueller.

This country will be plunged into a constitutional crisis the second Dump pulls that trigger. He will be an outlaw president and it will be the duty of every American to oppose him 100% until he leaves the office in everlasting disgrace.

The streets of this country will be filled with protesters trying to stop this dictatorial madman.

That act will supercharge the democratic opposition to Trump and his party even more that exists now. I believe if Dumpster does this we take the House and the Senate this fall and seal the fate of the worst POTUS this country has ever seen.

That you as an employee would not have.

Very odd that you'd cite an old tweet thread but ignore his latest one.

Here's the link to his newest tweet thread on the subject:

"Neal Katyal
Neal Katyal
@neal_katyal
·
8h
8. So that means Trump would have to do one of two things: a) order the Acting Attorney General (Rod Rosenstein) to fire Mueller, or b) order Rosenstein to rescind the Special Counsel regs."

Neal Katyal also says this in that tread about the tweet thread your cited in your OP:


"12. And that's why I ended my tweet thread in December (you know, the one Trump's allies are misleadingly and selectively reading from), with this: (link:

Link to tweet

The longer thread is great, though, and I encourage folks to read everything he has written and tweeted on the subject.

and provide a link to it in your OP. Otherwise, you are doing what he is saying Trump allies are doing with his old tweet. Misleadingly and selectively quoting from it.

I will add his latest words and a link.

I would point out, however, that I did not "misleadingly and selectively" quote from his other tweet. I posted the entire tweet thread word for word with no omissions or commentary, so I hope you will take back that accusation.

Did not mean to mislead. I just thought it was important to note that the person who wrote the regs was saying there was, in fact, a way for Trump to fire Mueller, which pundits are saying is not possible. Still so much unchartered territory here.

This person seems to think so, at least. And he seems to be in a position to know.

His later tweets clarify how catastrophic he thinks it would be for Trump to do so - but it does lay out, legally, how he could go about it.

How do you think it will play out? Will he just fire RR and go that route? Or do you think Trump leaves it alone?

"The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal."

As Sessions is recused that would mean Rosenstein. Trump can't do it himself.

compelling. And no matter what I posted the rules and regs.

From the same guy you quoted: