In this report, we provide a comprehensive analysis of the legality and effects of such a possible action. We conclude that President Trump cannot easily bring an end to the Russia investigation.
First, President Trump lacks unilateral authority to fire Mueller. While President Trump might compel others to do so on his behalf or instruct the attorney general to revoke DOJ’s special counsel regulations, the risks of doing so are prohibitive. History warns that he would be risking his presidency, not to mention increasing his exposure to charges of obstruction of justice.
Second, any firing would be subject to court challenge by Special Counsel Mueller, his staff, and possibly other parties.
Third, firing Special Counsel Mueller would not necessarily bring an end to the investigation that he is leading. In the absence of an order rescinding the appointment of the special counsel, the investigation and associated legal proceedings would continue.
Fourth, we explain the ways in which Congress might make it even harder for President Trump to end the Russia investigation by codifying the special counsel regulations and precommitting to a course of action that would deter interference with the Russia investigation.
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VI. Conclusion
Based on what is known publicly, there is widespread agreement among legal experts that Special Counsel Mueller is running a “serious, deliberative, and far-sighted inquiry.” Within 5 months of his appointment, the special counsel has secured an indictment of former Trump campaign Chairman Paul Manafort and former Trump campaign advisor Rick Gates as well as the guilty pleas of Michael Flynn, former White House National Security Advisor and Trump campaign adviser, and George Papadopoulos, a former member of the Trump Campaign foreign policy team.
News accounts report ongoing document and testimonial requests between the investigation and key White House and other officials. The unveiling of the Papadopoulos plea several weeks after it had been filed and months after the arrest of Papadopoulos also underscored the ability of the investigative team to keep arrests and witness negotiations confidential.
Although there will no doubt be further speculation that President Trump will try to terminate the special counsel, we have demonstrated that this course of action is not as straightforward as it might appear, could likely be challenged in court, and would subject the president to legal and political risks that are prohibitive. Nonetheless, Congress has the power to enact additional obstacles to terminating Mueller and to commit to actions that would serve as an additional deterrent. It should do so.