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The Velveteen Ocelot

(115,721 posts)
Fri Apr 13, 2018, 05:01 PM Apr 2018

What if Trump fires Mueller and Mueller won't go?

What if President Donald Trump tries to fire Robert Mueller — and fails? The scenario isn’t far-fetched. Under Department of Justice regulations, the special counsel, Mueller, can be fired only “by the personal action of the attorney general” for “misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause.”

President Trump, who doesn’t much care for legal technicalities, has ramped up his attacks on the investigation into Russian meddling in the 2016 presidential election and on Mueller himself. We know from The New York Times that Trump has at least twice tried to shut down the probe. The president might yet try to fire Mueller directly; his press secretary, Sarah Huckabee Sanders, said Tuesday that the president “certainly believes he has the power” to do so. Or Trump could try to fire Mueller without rescinding the special counsel regulations. Or Trump and his Department of Justice might fail to follow proper procedure in withdrawing the regulations.

If that happened, Mueller very likely would refuse to budge. That is, he would announce that the president lacked the legal authority to fire him, and insist that he was still in office....

http://www.chicagotribune.com/news/opinion/commentary/ct-perspec-if-trump-fires-robert-mueller-20180412-story.html
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What if Trump fires Mueller and Mueller won't go? (Original Post) The Velveteen Ocelot Apr 2018 OP
Two problems with that NewJeffCT Apr 2018 #1
I doubt DiGenova could get confirmed under those circumstances. onenote Apr 2018 #3
he could come in as a recess appointment NewJeffCT Apr 2018 #4
Anybody with a personal or political relationship with Trump must recuse. tableturner Apr 2018 #6
Do you think most Team Trump people NewJeffCT Apr 2018 #7
Since Trump is irrational, predictions are hard, but... Girard442 Apr 2018 #2
If Mueller believes he has lawfully been relieved of his job, he will go jberryhill Apr 2018 #5

NewJeffCT

(56,828 posts)
1. Two problems with that
Fri Apr 13, 2018, 05:04 PM
Apr 2018

1) They'll create a "trumped" up charge and fire Mueller based on that. Somebody (Democrats in Congress?) will sue to stop the firing and it will be left up to the increasingly RW courts. Even if Mueller wins the suit, it will take time.

2) Trump may not fire Mueller at all, but fire Rosenstein and replace him with a toady like Joe DiGenova. Joey D will then try to neuter the investigation from within and Trump will push DiGenova to have Mueller investigate Hillary and her emails again.

tableturner

(1,683 posts)
6. Anybody with a personal or political relationship with Trump must recuse.
Fri Apr 13, 2018, 05:28 PM
Apr 2018

That is a justice department regulation.

Girard442

(6,075 posts)
2. Since Trump is irrational, predictions are hard, but...
Fri Apr 13, 2018, 05:07 PM
Apr 2018

...I could see Trump ordering the taking of Mueller and and staff into actual physical custody. It's basically a coup anyway so why not put the balls to the wall?

 

jberryhill

(62,444 posts)
5. If Mueller believes he has lawfully been relieved of his job, he will go
Fri Apr 13, 2018, 05:21 PM
Apr 2018

If Mueller does not believe that he has lawfully been relieved of his job, he will stay.

Mueller would likely obtain an opinion of counsel either way.
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