Just as soon as it was announced that former FBI director Robert Mueller would be taking over the Trump-Russia investigation as special counsel, the question of whether Trump could yet again fire someone who was getting too close to the truth arose. Answer: Yes.
In fact, moments after the announcement, investigative journalist Michael Isikoff opined on MSNBC how the choice likely wouldn't make Trump particularly happy.
I can foresee an outcome down the road if Mueller gets too aggressive, Trump -- and knowing what we know about tTrump -- will start thinking about a Saturday Night Massacre. We're not there yet. We're a long way from that, but I'm just saying you can see the ingredients already there for that.
So yes, it could happen. Even though the Attorney General (Rosenstein in this case) is singularly imbued with the power to remove the special counsel, Trump could order Rosenstein to do it and fire him if he doesn't.
Of course, that would make Trump look truly desperate to contain the probe, writes Ian Millhiser:
Should Trump either pressure Rosenstein to fire Mueller or try to replace Rosenstein with someone who will, however, that would add even more reason to suggest Trump is deathly afraid of what Mueller’s investigation will uncover.
And even if Trump does find someone willing to fire Mueller, that firing could trigger both a new investigation and litigation to decide whether Mueller was fired for “good cause.”
In addition, Mueller has a few tricks up his sleeve to shield himself from Trump.
Mueller has broad discretion to decide when to inform DOJ’s leadership of his findings. With some exceptions, federal regulations provide that “the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities.” Rosenstein can also overrule Mueller under certain circumstances, but he must notify Congress if he does so.