RE: So Trump shouldn't right his mistake with Sessions? (nm)

Posted on: July 25, 2017 at 13:57:22 CT

Unlike the special prosecutor created during Watergate, the special counsel was appointed pursuant to Sections 600.4 through 600.10 of Title 28 of the Code of Federal Regulations, which addressed some of the earlier problems. For example, he can only be removed by personal action of the Attorney General (and since Sessions is recused, Deputy Attorney General Rosenstein). 28 CFR 600.7 states: “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.” Unlike the summary firing of Archibald Cox by Nixon, to remove Mueller or any of his staff would require an investigation and proceeding by the Department of Justice, and would be subject to appeal in federal court. Indeed, these regulations were written to make it difficult to remove a special counsel, and I seriously doubt Trump can succeed. These regulations would have to be nullified by Trump, but I have little doubt Mueller could and would litigate that action, and prevail in federal court because a president cannot remove due process to accomplish his goal of removing the special counsel. Nor with a special counsel as experienced and careful as Mueller, can he exercise any control over the investigation.

https://verdict.justia.com/2017/07/21/trumps-mueller-scheming-will-fail