UPDATE: Thanks to Karen Wehrstein, Kossers have already started a running action plan diary and since this one has made the rec list, I want to include at the very top this handy ‘how to hit the streets with MoveOn’ guide and expect a running series on this effort from here on out. I’m also adding the hashtag #TrumpIsNotAboveTheLaw. Let’s run with this.
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Okay folks. Let’s get real. I think we know or we should surmise by now that the Trumpsters know they are cold cock busted. The investigation on Russia’s interference in our electoral process started long before Mueller came on the scene, and it is my personal opinion that the Mueller investigation is moving at a swift clip because a lot of the ground was already laid out, Flynn’s flipping provided confirmation on a number of things, and — wait for it — the EMAILS! --
--Not Hillary’s but the Trump transition team who arrogantly thought that they could use our government’s servers before they were sworn in as some sort of ‘pre-executive privilege’ which does not exist.
Now you know what they say about mangy dogs (no offense to dogs, but): they get real crazy when the end is near.
Well, we are nearing the end -- faster than I think many thought was possible or practical.
I think that we have to assume a ‘Hail Mary’ pass on the part of the Trump Administration. Asha Rangappa summarizes one such scenario:
From Rangappa’s Tweet storm:
“2. The investigation into Russia's election interference began well before Mueller came on the scene, in June 2016. It is an investigation that existed independent of him. He didn't "start" it.
3. Likewise, if he leaves, it won't "end" it. Mueller was appointed mainly to insulate an ongoing investigation from conflicts of interest that arose from Comey's firing. If he leaves, some of that insulation is gone. BUT:
4. The FBI has a statutory mandate to investigate potential violations of federal law and threats to national security. Just because Mueller leaves doesn't mean that those cases just get dumped in the trash. They are obligated to continue investigation them to their resolution.
5. It's also useful to think of FBI investigations as fractals. Each case can spawn a new case, depending on what's uncovered. In other words, if during an investigation of one violation, you uncover another, that's a new case.
6. So while we talk about the "Russia investigation," that is really an umbrella for what is likely *many* cases involving both criminal and counterintelligence threads. Those don't just disappear.
7. Further, some of these -- like the indictments and plea deals we've seen -- are already in the judicial system. And no doubt there are outstanding subpoenas and other investigative leads that are already out. In other words, this train has left the station, big time.
8. They key, however, is that there needs to be a prosecutor at DOJ who is willing to facilitate and approve many parts of the investigation. Right now that's Mueller. In his absence, who is it? DAG Rod Rosenstein (because AG Sessions would still be recused).
9. Under the Special Counsel regulations, Mueller has been reporting to Rosenstein every 90 days about the status of his investigation. He's also had to seek approval for an expansion of his mandate, or for any charges he's brought so far.
10. We can conclude that so far Rosenstein has approved of the progress and requests that have been made -- if he hadn't, he would have had to report this to Congress and explain why. That hasn't happened. He's also explicitly stated that he believes Mueller is doing his job.
… BOTTOM LINE OF HER POINT:
12. If Trump fires, Rosenstein, however, he can appoint someone new to be the DAG. Which means he can preemptively choose someone who is going to stonewall the investigation from moving forward. Even a new DAG overseeing Mueller could do this...”
Seth Abramson picks up from there:
More from Abramson:
5/ Rosenstein just made clear, via Congressional testimony, that he won't fire Mueller without cause, and presently sees no cause to do so. What this means is that Trump would have to fire Rosenstein in order to rid himself of Mueller. But Trump may elect more dangerous options.
6/ Trump knows firing Rosenstein and ordering Rachel Brand (next up at DOJ) to fire Mueller is a fool's errand: first, because Brand would likely refuse, as Mueller has done nothing to warrant being fired; second, because she's read history books—she knows this is Nixonian graft.
7/ While Trump could eventually find someone at DOJ to fire Mueller—he can just keep firing attorneys until he gets a stooge to do his bidding as the late Robert Bork did for Nixon—he could also seek recourse in an executive order he issued that arguably lets him name his own AG.
8/ Or, he could select the most dangerous option—one Nixon himself executed once Cox was gone. That would be declaring himself able to fire Mueller and then sending federal law enforcement officers to remove Bob Mueller and his agents from their office and lock down the premises.
This is the option just explained during the dramatic opening of Sunday’s AM Joy Show — that Trump could legally negate the Independent Prosecutors’ rules, thus allowing him to directly fire Mueller.
You can read more of Abramson’s excellent analysis on his TL.
So now. The question is — what do we do about this?
Per Abramson’s analysis, any option that Trump takes would likely undermine the rule of law in this country, backed by our Constitution. The Republican-controlled Congress seems unwilling or unable (hmmm, I wonder why…...) to ensure that the laws of this country are held in tact. Something like this could end up in court — likely to go all the way to the Supreme Court, and you can place your bets on them upholding the Constitution.
So. What do ‘we the people’ do?
Abramson has some ideas on that:
All I know is that we all need to carefully assess this situation and make serious plans and preparations for any scenario, especially the worst case ones. In my most sincere opinion, this issue trumps everything else on the table; it trumps any concerns we have on voter suppression, climate change, deregulation, sexual harassment and the world’s view of us.
Because if we don’t get this one thing right, it’s game over for this country as we have come to know and understand it. There won’t be one damn policy that any of us hold dear that will amount to a hill of beans if Trump and the Republican Congress are allowed to usurp federal law and undermine the Constitution.
This is not drill anymore. This is as real as it gets.
There is already an effort underway for a rapid response if things go south. Go here for more information and get yourselves ready.