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Posted on 04/21/2018 3:27:52 PM PDT by jazusamo
It would be unconstitutional for Congress to prevent President Trump from firing Special Counsel Robert Mueller, who is probing Russia’s interference in the 2016 presidential election.
I’m not saying that firing Mueller would be a wise move politically, nor am I urging the president to do so. That’s another issue.
But under the Constitution, it is beyond the power of Congress to limit or impose conditions on any president’s authority to remove a political appointee within the Justice Department or any other department in the executive branch.
Whether you think Donald Trump is an absolutely wonderful president or an absolutely awful one, this holds true, as it does for all other presidents, regardless of political party.
Senators Thom Tillis, R-N.C., and Chris Coons, D-Del., are nevertheless pressing ahead to seek passage of legislation they are sponsoring called the Special Counsel Integrity Act. Under this bill, only the attorney general could discipline or remove a special counsel.
If the attorney general has been recused from the case (as Attorney General Jeff Sessions is with the Russia probe), then the “most senior Department of Justice official who has been confirmed by the Senate” could exercise this authority under the bill.
The bill further provides that a special counsel can be removed only for “misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause.” The special counsel has to be notified in writing of the “specific reason” for his removal, and the special counsel is given the right to file a lawsuit contesting his removal.
But despite denials by its proponents, this bill violates basic constitutional principles. Under Article II, Section 2 of the Constitution, the president is given the authority to appoint – with the approval of the Senate – “Ambassadors, other public Ministers, and Consuls, Judges of the supreme...
(Excerpt) Read more at foxnews.com ...
Of course he does..
The question is..
Does he want to deal with the shit storm that will fallow?
Spokovsky’s piece is focused on the unconstitutionality of the proposed Special Counsel Integrity Act sponsored by Senators Thom Tillis and Chris Coons.
It would easier to get rid of the special counsel if they first were charged with being criminals by a second & third special counsel....or by AG Jeff Sessions. Otherwise, it would be best to find a nice, friendly, libertarian sort of judge or court & let him look at the law...& have courts shut down the illegal witch hunt.
It’s just a shallow political stunt. Congress could simply authorize a special counsel by law the way they did from 1978 to 1999. This Tillis stunt doesn’t do that.
ex post facto laws are a violation of the Bill of Rights...especially one that-——after the fact—— limits a President’s power to defend & protect fundamental civil rights from illegal tyranny of unconfirmed special counsel investigations in search of crimes to charge & punish...for political reasons...not for reasons of justice or national security.
From article, that law no longer exists:
“Congress allowed the independent counsel law to expire in 1999 after much criticism of the constitutionality and wisdom of such a law.”
I’ve been saying this since the Senate first mentioned it.
Unconstitutional.
PERIOD!!!
That's the *political* reality here.
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You’re probably correct and I fully believe President Trump is not even considering firing the jerk.
If the democrats take back the House, he’ll be impeached.
They’ll FIND a reason.
Rosenstein is the one to fire and it will be a twofer, worthless Jeff said he’ll quit if Trump fires the weasel.
I think rather than outright firing trump could declare a date when the investigation needs to be done.
I am floating into the who cares anymore about this government. This is nothing that resembles how it was designed. The left is p*ssed because they were within striking distance of destroying the country. The GOP’s reaction is absolutely galling.
Now that Rudy Giuliani is on President Trump’s legal team I have a hunch they’ll be things happening in the near future, I pray there will be anyway.
I think it was already rumored that Mueller would be wrapping it up within a month. I believe Rudy is there as a watchdog.
Thanks, I hadn’t seen that.
The Tenure of Office Act was unconstitutional in 1867 and it still is.
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