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WaPo: Senators unveil two proposals to protect Mueller's Russia probe

I know, we have bunch of investigation threads already. But this one seems meritable considering there's actual legislation that could go through.

Heres the link.

Two bipartisan pairs of senators unveiled legislation Thursday to prevent President Trump from firing special counsel Robert S. Mueller III without cause — or at least a reason good enough to convince a panel of federal judges.

Senators have raised concerns that the president might try to rearrange his administration in order to get rid of Mueller, who is spearheading a probe of Russia’s alleged interference in the presidential election and any possible collusion between the Kremlin and members of the Trump campaign and transition teams.

While Trump cannot fire Mueller directly, many have raised concerns in recent weeks that he might seek to replace Attorney General Jeff Sessions, who recused himself from all campaign-related matters, including the Russia probe. Sessions’s deputy, Rod J. Rosenstein, said he would not fire Mueller without cause — but a new attorney general could supersede his authority.
This week, there have been reports that new White House Chief of Staff John F. Kelly told Sessions he would not have to worry about losing his job.

But that has not quieted the concerns of the Democrats and Republicans behind the latest efforts to safeguard Mueller — and, by extension, his Russia probe — from presidential interference.

“The Mueller situation really gave rise to our thinking about how we can address this, address the current situation,” said Sen. Thom Tillis (R-N.C.), the co-author of one of the proposals. He called the effort “a great opportunity, in perpetuity, for us to be able to communicate to the American people that actions were appropriate — or if not, then not,” if an administration ever attempts to terminate a special counsel’s term.

The two proposals — one from Tillis (R-N.C.) and Sen. Christopher A. Coons (D-Del.) and the other from Sens. Lindsey O. Graham (R-S.C.) and Cory Booker (D-N.J.) — each seek to check the executive branch’s ability to fire a special counsel by putting the question to a three-judge panel from the federal courts. They differ in when that panel gets to weigh in on the decision.

Graham’s and Booker’s proposal, which also has backing from Judiciary Committee Democrats Sheldon Whitehouse (R.I.) and Richard Blumenthal (Conn.), would require the judges’ panel to review any attorney general’s decision to fire a special counsel before that firing could take effect. Tillis’s and Coons’ proposal would let the firing proceed according to current regulations, which they codify in the bill — but the fired special counsel would have the right to contest the administration’s decision in court. In that scenario, the judges’ panel would have two weeks from the day the special counsel’s case is filed to complete their review and determine whether the termination was acceptable.

Tillis and Coons, who only pulled their bill together over the last two days, explained the difference as one to ensure that the legislation does not run afoul of constitutional separation of powers. Both senators, as well as Graham, said they expect they may merge their efforts after lawmakers return to Washington, D.C. in September.

Coons identified “a broader bipartisan concern that the president may take inappropriate action to interfere with the ongoing, important work of Bob Mueller” and guessed that “if the president were to fire the special counsel, the Senate might promptly take action to reappoint him

“This is the first step to put a speed bump in place against his improvident firing,” he said of his bill with Tillis.

If I'm correct, this marks the first major action members of Congress have taken to protect this investigation. Chuck Grassley tweeted that the Judiciary Committee won't approve a new Attorney General this year, but I think this is the definitive sign that senators are putting their money where their mouths are and taking a stand against the president's threats.
 
His vacation is ruined lol he will just keep thinking about firing Mueller before September

Edit: Nope that's not even an option lol
 

Boke1879

Member
I mean we'll see but damn maybe Trump Presidency my produce enough legislation to actually protect us from someone that could seek to do this country harm.

Thank GOD Trump isn't smart. Someone in his position that knows what they are doing could be dangerous.
 

sflufan

Banned
Read the OP. They stated that if he fired him before september the senate would reappoint him.

The Senate can't just "reappoint" a fired Special Counsel.

The only way that would be possible would be to re-authorize the expired Independent Counsel Statute which would require it to be approved by BOTH houses of Congress.

Good luck with that!
 

daveo42

Banned
Lucky for us, Trump is out of the office for the next three weeks and seems to have trouble getting anything done while he's actually at work.
 

Ithil

Member
I'm always wondering what Graham's goal is in all this. It's clear from things he's said over the last few years that he personally detests Trump, but he's very much all about that party line. He only talks about rocking the boat, he doesn't actually rock it, usually.

Yet he keeps the "arms-length" skepticism alive, at least in interviews and things like this bill, and he makes sure to keep that very public in the media.
I wonder if he's expecting Trump to go down eventually and is insulating himself from going down with him. Perhaps he is eyeing a presidential run down the road.
 
The Senate can't just "reappoint" a fired Special Counsel.

The only way that would be possible would be to re-authorize the expired Independent Counsel Statute which would require it to be approved by BOTH houses of Congress.

Good luck with that!

98 Senators voted for the sanctions bill and 419 Reps voted for it in the House.

Luck is on their side.

Also - both the House or the Senate can appoint Mueller as THEIR Special Counsel instead of the FBI's. Remember, they are also running their own investigations.
 

sflufan

Banned
98 Senators voted for the sanctions bill and 419 Reps voted for it in the House.

Luck is on their side.

Also - both the House or the Senate can appoint Mueller as THEIR Special Counsel instead of the FBI's. Remember, they are also running their own investigations.

They can?

I'm simply not aware of any statutory provisions that permit the Senate to appoint its own "special counsel" that would have the same investigative authority as either a DoJ special counsel as Mueller is now or an Independent Counsel as defined by the expired Independent Counsel Statute.
 
They can?

I'm simply not aware of any statutory provisions that permit the Senate to appoint its own "special counsel" that would have the same investigative authority as either a DoJ special counsel as Mueller is now or an Independent Counsel as defined by the expired Independent Counsel Statute.

Adam Schiff already floated the idea for the House Intel committee a few weeks back.
 

Loxley

Member
I mean we'll see but damn maybe Trump Presidency my produce enough legislation to actually protect us that could seek to do this country harm.

Thank GOD Trump isn't smart. Someone in his position that knows what they are doing could be dangerous.

This is the thought I keep having. Like, boy did we luck out that he's an idiot. Yeah, it's messed up that we've even gotten to this point, but I would rather have an idiot fascist as a leader than a cunning/intelligent one.
 

hobozero

Member
Protecting the investigation through legislation would be less damaging than letting him fire everyone in a twitter storm. I saw let Trump have his Saturday Night Massacre - that might actually turn some of his supporters.
 

Angry Grimace

Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
The best way to protect the investigation is by voting to remove him from office so he won't have the authority to impede the investigation.
 

rjinaz

Member
I think it would have a good chance to pass. Republicans get to keep Trump in check by not crossing anymore lines that might make them look bad if they don't act. They just have to hope that Trump is ultimately innocent, hell probably most think he is anyway. Democrats get to keep the investigation healthy.
 

androvsky

Member
Yeah, I'm aware that Schiff did say something identical and I'm of the opinion that Schiff actually has no bloody idea what he's talking about :p

I seem to recall Schiff elaborating on it in an interview a while back, and he acknowledged it'd need both houses and a veto override to bring back the Independent Counsel statute, but he sounded pretty confident that it would happen. I feel like he's often using shorthand to describe it, or just making it sound easier than it is since it's not like very many people in the Trump administration really knows the difference.
 

Surfinn

Member
I seem to recall Schiff elaborating on it in an interview a while back, and he acknowledged it'd need both houses and a veto override to bring back the Independent Counsel statute, but he sounded pretty confident that it would happen. I feel like he's often using shorthand to describe it, or just making it sound easier than it is since it's not like very many people in the Trump administration really knows the difference.
Yeah this sounds more accurate. Schiffster is intelligent, well spoken dude and you can tell in interviews and statements.
 

Retro

Member
Makes sense, the sanctions bill they just forced him to sign had language that limited his power to make any changes. Probably a good idea to just tuck that kind of language into everything that crosses Trump's desk so he can't undo shit every time he watches Fox and Friends.

I'd worry about the next president being unduly constricted by an overpowered legislative branch, but it's one problem at a time and right now the big steaming orange one Republicans laid on the Resolute Desk needs a baggie.
 

sflufan

Banned
I seem to recall Schiff elaborating on it in an interview a while back, and he acknowledged it'd need both houses and a veto override to bring back the Independent Counsel statute, but he sounded pretty confident that it would happen. I feel like he's often using shorthand to describe it, or just making it sound easier than it is since it's not like very many people in the Trump administration really knows the difference.

Alright, in that case, that's fine.

The elaboration is VERY necessary in order for people to understand that it's not just an "automatic" thing that will happen 5 minutes after Mueller is fired.
 
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