4/21/2018

ROBERT MUELLER/RUSSIA/TRUMP AS PRESIDENT: “President Donald Trump has been hinting that he might try to fire Robert Mueller, the special counsel investigating possible criminal wrongdoing related to Russian election interference and matters related to it, such as the firing of former FBI Director James Comey. As Trump put it last Monday [4-16-18] when asked about his plans for Mueller, ‘We’ll see what happens. Many people have said, ‘You should fire him.’’ Although Trump claims he can fire Mueller directly, many legal scholars disagree. They contend that a special counsel can only be subject to firing for a valid legal reason by the attorney general, and since Jeff Sessions has recused himself from the investigation, Mueller’s fate would fall to Deputy Attorney General Rod Rosenstein. But even on this understanding, Trump might pressure Rosenstein into sacking Mueller by threatening to fire Rosenstein himself… Fortunately, while he retains his position, Mueller has a powerful tool at his disposal: the ‘sealed,’ or secret, indictment. If Mueller indeed determines that he has a strong case against Trump, a secret indictment returned by a grand jury will help protect the integrity of his investigation even if he is fired, while also avoiding the risk of provoking Trump to try to further impede the probe.”

Cory Brettschneider, “How Mueller Can Protect the Investigation—Even if He Is Fired,” Politico, April 21, 2018