I am getting sick of this fucking asshole. With that said Seth Abramson just put up a fantastic thread on twitter. It’s a little messy in this post but a MUST READ. We are in a crisis...we are in it. Apologies for just a little text but these are the days we live in.
(THREAD) Wondering what happens if Trump tries to fire Special Counsel Bob Mueller? BEDLAM. I break down the consequences in this thread.
Element removed
164 replies1,516 retweets1,809 likes
-
New conversation
-
(1) There isn't any Special Counsel statute, as the last one was allowed to expire by Congress. So Mueller has a job under DOJ regulations.
7 replies169 retweets463 likes
-
(2) DOJ regulations give the top non-recused DOJ official the right to fire the Special Counsel ONLY for "good cause shown"—a high standard.
5 replies152 retweets464 likes
-
(3) Right now Rod Rosenstein is the top non-recused DOJ official, as Attorney General Jeff Sessions recused himself from the Russia probe.
9 replies107 retweets358 likes
-
(4) In theory, this means that *Rosenstein* has the power to fire Mueller for good cause (which means some sort of professional misconduct).
7 replies112 retweets375 likes
-
(5) That said, AG Jeff Sessions' recusal from the Russia probe is a "sham" recusal—he claims to be recused but appears to still be involved.
3 replies132 retweets475 likes
-
(6) The problem for Trump is not only does all D.C. (including GOP pols) respect Mueller, *no one* thinks there is "good cause" to fire him.
17 replies177 retweets614 likes
-
(7) If Trump attempts to fire Mueller *directly* without good cause, there's a substantial chance that Mueller would "refuse" to stand down.
19 replies245 retweets751 likes
-
(8) Mueller could seek funding (or legislation) from Congress to continue to work, or wait for the White House to bring suit to remove him.
12 replies125 retweets475 likes
-
(9) However—if Trump tries to fire Mueller directly and Mueller refuses, Sessions might step in to fire Mueller for (he'd say) "good cause."
5 replies105 retweets365 likes
-
(10) But Mueller could *again* refuse—even though the *DOJ* was now trying to fire him for "good cause"—on the grounds of Sessions' recusal.
12 replies102 retweets389 likes
-
(11) As these actions could embarrass Trump and compromise Sessions, Trump would likely try *first* to *order* Rosenstein to fire Mueller.
9 replies92 retweets360 likes
-
(12) The problem at this point would be two-fold: ONE, I do believe Rosenstein would refuse that order as a violation of his Oath of Office.
13 replies94 retweets447 likes
-
(13) But TWO, Rosenstein could refuse on *other* grounds: namely, that Trump is a *target* of the investigation—on Obstruction allegations.
7 replies94 retweets425 likes
-
(14) Rosenstein could say the target of a criminal probe—even POTUS—*cannot* obstruct that probe. He could refuse to "conspire to obstruct."
11 replies114 retweets427 likes
-
(15) At that point Rosenstein would either offer his resignation to Trump or wait for Trump to fire him. And Sessions would be in a *bind*.
11 replies88 retweets363 likes
-
(16) If Mueller is investigating Sessions for Perjury he'd not want to participate in a firing—as doing so opens him to Obstruction charges.
3 replies114 retweets404 likes
-
(17) So Sessions would cling to his previously dodgy recusal and force his boss—Trump—to fire Rosenstein. *Or* he'd urge Rosenstein to quit.
3 replies71 retweets271 likes
-
(18) But because urging Rosenstein to quit would violate his recusal and open him (again) to Obstruction charges, he'd likely just lay low.
4 replies67 retweets289 likes
-
(19) So—I told you this was confusing!—if Trump fires Rosenstein and Rosenstein agrees to leave his post and not go to court, what happens?
7 replies73 retweets264 likes
-
(20) As in Nixon's "Saturday Night Massacre," Trump would go down the DOJ chain of command until he found *someone* willing to fire Mueller.
10 replies97 retweets318 likes
- 21 more replies
-
(21) The problem is that as you go down the chain of command at DOJ, you quickly get to career prosecutors unlikely to play ball with POTUS.
8 replies84 retweets326 likes
-
(22) This seems to be a particular problem in many departments within the Trump administration, as they haven't filled *many* appointments.
5 replies65 retweets272 likes
-
(23) None of this happens if (a) Mueller goes quietly, (b) a court quickly grants an injunction against Mueller, or (c) Sessions un-recuses.
8 replies60 retweets230 likes
-
(24) But wait! We haven't even gotten to *Congress* yet. And Congress could move to pass legislation allowing Mueller to continue his work.
10 replies69 retweets272 likes
-
(25) Or Congress could use Mueller's firing as an excuse to create a 9/11-like independent commission to investigate Trump-Russia collusion.
12 replies84 retweets301 likes
-
(26) Or Congress could—the *right* answer—decide that it's *done* with this lawless president and begin impeachment proceedings against him.
21 replies109 retweets431 likes
-
(27) Upshot: this *could* happen. Trump wants to force the legislative branch to investigate him—not his own branch—as he thinks they won't.
19 replies75 retweets258 likes
-
(28) He also thinks an independent commission—even if it happens—might investigate his associates but NOT look into Obstruction allegations.
9 replies67 retweets236 likes
-
(29) One reason he may be feuding with Sessions is because he wants an un-recused Sessions to do his dirty work if he seeks to fire Mueller.
5 replies95 retweets278 likes
-
(30) Trump also has a LIFELONG POLICY of acting unethically for as long as he can—UNTIL some final authority FORCES him to cease and desist.
4 replies156 retweets409 likes
-
(31) Trump is likely floating firing Mueller because he and his lawyer have determined there's a REAL chance Mueller will recommend charges.
16 replies165 retweets388 likes
-
(32) If so—and as an attorney I do see a prima facie Obstruction case against Trump—he'd rather take his chances with Congress than Mueller.
12 replies92 retweets285 likes
-
(33) I'm doing this thread so Americans of good conscience—including Republicans in Congress—can speak up NOW against this possible action.
16 replies108 retweets335 likes
-
(34) From the perspective of many years of criminal trial experience, I know firing Mueller 2 weeks in is practically an admission of guilt.
22 replies236 retweets615 likes
-
(35) Obstruction of Justice is a PER SE violation of a POTUS' Oath of Office. No POTUS is above the law and we must uphold this maxim. {end}
26 replies145 retweets470 likes
-
(PS) Given the sort of narrative you see in this thread, you can be certain MANY D.C. Republicans are telling Trump NOT to fire Bob Mueller.
11 replies44 retweets167 likes
-
(PS2) Problem is, such well-intended Republicans are assuming—wrongly!—Trump isn't guilty of a crime. If he IS, this MIGHT be his best play.
9 replies33 retweets126 likes
-
(PS3) An attorney tasked with protecting Trump from impeachment—and knowing him guilty of crimes—theoretically COULD advise firing Mueller.
5 replies26 retweets99 likes
-
(PS4) The reasoning here would be that total chaos—to a criminal defendant caught dead-to-rights—*could* be better than an orderly downfall.
5 replies29 retweets102 likes
-
(PS5) If Trump cared about America more than himself, he'd *resign*. But not even his supporters believe that. So perhaps chaos is his play.
25 replies40 retweets139 likes
