The Russia probe can't be fired - By David E. Kendall (Hillary's & Bill's atty)

[DonViejo]

<< David E. Kendall is an attorney at the Washington law firm Williams & Connolly LLP, where he represents former president Bill Clinton and former secretary of state Hillary Clinton. >>

Donald Trump is used to pronouncing the words “You’re fired.” But if the president decides he wants to get rid of special counsel Robert S. Mueller III, he will find that a much more complicated task than dispatching a contestant on “The Apprentice.” Justice Department regulations will make it difficult, legally as well as politically, to abruptly short-circuit the pending investigation.

With Attorney General Jeff Sessions having recused himself from the probe into the Trump campaign and possible collusion with Russia, the deputy attorney general, Rod J. Rosenstein, appointed Mueller on May 17 to “conduct the investigation confirmed by then-FBI Director James B. Comey” when Comey testified before the House Intelligence Committee on March 20. Justice Department regulations also give Mueller the authority “to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.”

This assignment was not a casual gig, but an appointment made by the acting attorney general pursuant to federal law, which provides specific protections to ensure the independence of the special counsel. Justice Department regulations provide that a special counsel may be removed from office only by the “personal action” of the attorney general (in this case, Rosenstein, who is acting in that capacity) and only for good cause. There must be written findings of “misconduct, dereliction of duty, incapacity, conflict of interest” or “other good cause, including violation of Departmental policies.” On paper at least, those are pretty strong safeguards to protect Mueller’s freedom from unwarranted interference and obstruction.

Now, could President Trump order Rosenstein to fire Mueller? Could he unilaterally and summarily rescind the Justice Department regulations that protect Mueller from being fired? Does he have inherent constitutional authority as president, as some have claimed, simply to ignore or suspend the regulations and, as head of the executive branch, fire Mueller himself and order the investigation closed?

Any of those steps would almost certainly result in the resignation of Rosenstein, and likely other Justice Department officials, reminiscent of the “Saturday Night Massacre,” when President Richard Nixon ordered the firing of Watergate special prosecutor Archibald Cox. Attorney General Elliot Richardson resigned, having promised Congress not to dismiss Cox except for cause — much like the assurances Rosenstein has provided in his congressional testimony. Deputy Attorney General William Ruckelshaus also refused the firing order and resigned, leaving the task to Solicitor General Robert Bork, who not only fired Cox but also retroactively rescinded the underlying Justice Department regulation creating the Office of the Watergate Special Prosecutor.

more
https://www.washingtonpost.com/opinions/the-russia-probe-cant-be-fired/2017/07/04/156890a0-6021-11e7-8adc-fea80e32bf47_story.html

[Raster]

1. A comment by Tooldtofail to the article on WP:

Yes, ok, so are you sick and tired of, even nauseated by DT, his lies, his big troll attacks on the press, his covfefe clan, his coven of past & present enablers, his thuggishness, greed, glaring ignorance, peculation, and all his works and pomps? Do you feel that he dishonors and disgraces not only his office but us all? Worse, are you convinced that our very democracy is being attacked from without and within, and that we might have been victimized by a bloodless coup? Are you ready to do more than play Whack-a-Troll and Stomp-a-Bot? There are times---once in a generation, even once in a lifetime--when individuals are called on to ensure that the very foundations of our democracy continue. Clearly, Mr. Trump is most vulnerable on Russiagate. He’s indicated that in many different ways. Contact your two senators Call the Congressional switchboard: [phone] An automated voice will ask for your ZIP code and you'll be routed to your senators. A congressional aide will answer and record your concerns and pass them on. It takes 5 minutes. Politely request their complete support for an immediate, full, open, and bi-partisan hearing into the alleged Russian influences. AND be sure to urge that Mr. Trump's tax returns be subpoenaed. You can also ask Dem senators to post strong position statements on their web pages and GOP senators why they are waiting to cure a malignancy at the heart of our government. State your case clearly. You are an American and are concerned about our democracy. They listen and do keep count. You can rightly call yourself a citizen patriot. If you've got time to spend on comment boards you've got time to speak your mind to your elected officials where it counts. For the good of the country, for the common good, act now. When someone asks what you did during this crisis, you can point to your calls. A grateful country will thank you for your efforts.

P.S. I've been told that short, hand-written post cards are also very, very effective. Write your name legibly and your address. If not sent to a Committee but to your Senator or Representative, send it to their local office (not in DC). It will get there faster, get read faster, and they'll report it to D.C. Pre-address, fill out, and stamp a stack of cards, and mail them regularly. Again, cheers and be well.

P.P.S. There's a useful NYT article on how/why to call, not email, your representatives called "Here’s Why You Should Call, Not Email, Your Legislators." Putting your numbers on speed dial helps too. Donate to the NAACP, HRC, SPLC, NDRC, Greenpeace, and many other organizations fighting this corrupt administration. And feel free to re-post this info to your Facebook page and social media sites. Please have a politically active and a happy Fourth of July week.

[Wellstone ruled]

2. Oh Donnie you are so screwed!!!!

[Gothmog]

3. Great article by David Kendall