AND THE WALLS CAME TUMBLING DOWN
While the Republican-led
Senate Judiciary Committee struggles to keep its positive vote for Brett Kavanaugh on
track in the face of mounting criticism for its refusal to allow a full
discovery and presentation of the pertinent facts, another bomb has exploded in
the political square, six weeks before the mid-term elections.
The New York Times report of
Rosenstein's inappropriate remarks in the days following the Comey firing have
led to his possible resignation or firing. This in turn could jeopardize the
Mueller investigation, which Rosenstein is overseeing given the recusal of Jeff
Sessions. This gives President Trump the opportunity to be rid of Mueller, whom
he has tried to fire before.
Assuming Rosenstein is gone, Trump has two
routes under prevailing Justice Department rules: Rosenstein's next-in-line is Solicitor
General Neil Francisco, a conservative Jones
Day lawyer, and former partner of White House Counsel McGahn. Trump could press Francisco to fire Mueller, or leave him in place, but sharply control and limit the scope of Mueller's investigation. If Fransisco refuses, Trump has options. He can appoint a more compliant previously confirmed lawyer to Rosenstein's position, or do the same to replace Jeff Sessions. That automaton Trumpist could fire Mueller, even if he later fails to be confirmed by the
Senate.
Day lawyer, and former partner of White House Counsel McGahn. Trump could press Francisco to fire Mueller, or leave him in place, but sharply control and limit the scope of Mueller's investigation. If Fransisco refuses, Trump has options. He can appoint a more compliant previously confirmed lawyer to Rosenstein's position, or do the same to replace Jeff Sessions. That automaton Trumpist could fire Mueller, even if he later fails to be confirmed by the
Senate.
But firing Mueller now may not solve
Trump's problem. We can safely assume Mueller has by now put together a huge dossier of his
findings, some of which may jeopardize not only Trump, but members of his
family. Firing Mueller will not make that go away. There are Justice Department divisions, US attorneys and State Attorneys General who could run with a Mueller hand-off. For Trump, that
would be the worst of both worlds: he would suffer adverse publicity, and still
be legally hounded.
And in the
be-careful-what-you-wish-for department, Watergate is a powerful lesson.
Perhaps someone in the White House can break it down in one or two syllable words for Trump. Nixon too was hectored by an inquiring Special Prosecutor. He complained that Archibald Cox
was vigorously inquiring of White House operatives about the Watergate break-in of Democratic
headquarters. Nixon ordered Attorney General Richardson -- whom I knew personally
after negotiating the resignation of our client, Vice President Spiro Agnew -- to
fire Cox. I was not surprised when Richardson refused to obey Nixon's order,
and resigned. Next in line was William Ruckelshaus who did the same, and
the chore descended upon the shoulders of Solicitor General Robert Bork, who
obeyed the Nixon directive, fired Cox, and appointed Leon Jaworski in his
place. Jaworski proceeded to pursue Nixon and forced him to resign, and convicted many
members of his staff.
While Rosenstein's fate may
not be decided until Trump returns from the UN meetings on Thursday, the
President has no good options here. This investigation is too far down the road
to be effectively derailed, and any attempt to do so might provoke not only a
Constitutional crisis, but could threaten to make the so-called Blue Wave into a
Blue Tsunami.
My bet for now: Rosenstein stays,
Mueller stays. Until the mid-terms. After that, folks, hide in your cellar: all bets are off.
A more concise version of this post is published in Time.com. Click here:
http://time.com/5405150/president-trump-fire-rosenstein-mueller-investigation/
A bientot.
A more concise version of this post is published in Time.com. Click here:
http://time.com/5405150/president-trump-fire-rosenstein-mueller-investigation/
A bientot.
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