“The president, therefore, would have to direct Rosenstein to fire Mueller - or, somewhat more extravagantly, Trump could order the special-counsel regulations repealed and then fire Mueller himself.”Įven if Trump cannot dispense with Mueller easily, the very idea that he might try exposes an inherent flaw in the US Constitution’s design, says Harvard Law School Professor Noah R.
Mueller special counsel trump finances full#
“Our Constitution gives the president the full prosecution power in Article II accordingly, any federal prosecutor works ultimately for the president,” Katyal explained. Trump does have the ability to fire Rosenstein, for no reason at all, as a member of the executive branch.Īs a result, former acting solicitor general Neal Katyal, who helped draft the special counsel regulations, has written that its provisions don’t provide a perfect safeguard against others who might want to “stymie” Mueller’s efforts. “The chain of command for the special counsel is only directly to the attorney general – and in this case, the acting attorney general,” he said. Rosenstein affirmed as much during a hearing before a House panel in June. Under the special counsel regulations, Mueller may be “disciplined or removed from office only by the personal action of the attorney general.” Attorney General Jeff Sessions has recused himself from all matters related to the 2016 presidential campaign, so only Rosenstein has the power to fire Mueller. To that end, some have questioned the extent to which Mueller is fully insulated from interference from the Justice Department, but Rosenstein has tried to put the issue to rest, most recently telling Fox News: “Director Mueller is not reporting to me about individual decisions made in his investigation.” However, Rosenstein “may request that the special counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established departmental practices that it should not be pursued.” “The special counsel shall not be subject to the day-to-day supervision of any official of the department,” according to the regulations governing his appointment. SAUL LOEB/AFP/Getty ImagesĮxclusive: Mueller asks WH staff to preserve all documents relating to June 2016 meetingĭoes Mueller have to get Rosenstein’s permission first? Legal experts say it should therefore come as no surprise to learn that his team of lawyers and investigators will methodically gather all relevant evidence – including seeking a court order to obtain tax returns, if necessary.įormer FBI Director Robert Mueller, special counsel on the Russian investigation, leaves the US Capitol building following a meeting with members of the US Senate Judiciary Committee on June 21, 2017. What this means is that Mueller isn’t just looking back in time to what happened on the campaign – he has his eye on how people behave right now. Rosenstein’s order also made clear under the regulations establishing Mueller’s appointment that he has the specific “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.” (AP Photo/Alex Brandon) Alex Brandon/APĭeputy AG Rosenstein says Comey firing could be part of special counsel's probe Deputy Attorney General Rod Rosenstein appears before a Senate Intelligence Committee hearing about the Foreign Intelligence Surveillance Act, on Capitol Hill, Wednesday, June 7, 2017, in Washington.
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