Is Trump Trying to Fire Mueller or Preemptively Discredit His Findings?

On March 17, Trump tweeted, "The Mueller probe should never have been started in that there was no collusion and there was no crime."

On March 18, Trump tweeted, "Why does the Mueller team have 13 hardened Democrats, some big Crooked Hillary supporters, and Zero Republicans? Another Dem recently added . . . does anyone think this is fair? And yet, there is NO COLLUSION!" Trump apparently forgot that Mueller, the head of the team, is a long-time Republican.

Trump is evidently aware that conflict of interest is a ground for firing a special counsel. Having laid the foundation for that alleged conflict with his tweet about "hardened Democrats," Trump followed up the next day with a tweet: "A total witch hunt with massive conflicts of interest!"

On March 21, Trump invoked the opinion of Fox News contributor and emeritus Harvard law professor Alan Dershowitz, who opposed the appointment of Mueller in the first place. Trump paraphrased Dershowitz's statements, tweeting, "I think President Trump was right when he said there never should have been a Special Council (sic) appointed because there was no probable cause for believing that there was any crime, collusion or otherwise, or obstruction of justice."

Dershowitz apparently failed to read the regulation, which does not require probable cause of criminal activity at the time a special counsel is appointed. After appointment, the counsel's investigation may or may not uncover evidence amounting to probable cause, which is the standard for the filing of criminal charges.

Trump's lawyers have sent conflicting signals about the fate of the Mueller investigation. On March 16, attorney John Dowd wrote in an email to the Daily Beast, "I pray that Acting Attorney General Rosenstein will . . . bring an end to alleged Russian Collusion investigation." Dowd first said he was speaking on behalf of the president, but later backtracked and said he was speaking for himself. He resigned a few days later, saying the president wasn't following his advice.

Ty Cobb, another Trump lawyer, tried to defuse the growing fear that Mueller's days are numbered, stating on March 18, "The White House yet again confirms that the president is not considering or discussing the firing of the special counsel, Robert Mueller."

But Trump just hired attorney Joseph diGenova, who has publicly accused the FBI and Justice Department of "trying to frame" the president, a claim that likely endears him to Trump.

Democrats fear that Trump might set the wheels in motion to fire Mueller during the forthcoming two-week congressional spring break.

Some Republicans Support Mueller but Won't Codify It With Legislation

Eight months ago, legislators introduced two bipartisan bills to subject a president's order to fire a special counsel to judicial review. But Republican lawmakers are not promoting the legislation, which is now stalled in the Senate Judiciary Committee.

Although some Republicans have questioned the constitutionality of the legislation, those concerns are without merit, and are more likely motivated by political considerations.

GOP lawmakers know that any bill they pass to protect Mueller would require Trump's signature and they would have to override his veto. Republicans are more likely "making a counterintuitive, all-in bet that Donald Trump will save their 51-49 majority" in the Senate, according to Politico. They expect Trump to actively campaign for Republican incumbents as well as challengers. "If they're going to run with him, how are they also going to stand up to him when he precipitates a constitutional crisis? The answer is that they're not," Michael Tomasky wrote in the Daily Beast.

Senate Majority Leader Mitch McConnell said Mueller "ought to be allowed to finish his job," adding, "I think he was an excellent appointment." McConnell told reporters, "I think he will go wherever the facts lead him and I think he will have great credibility with the American people when he reaches the conclusion of his investigation. So, I have a lot of confidence in him." The senator called Mueller "a thoroughly credible individual."

But when pressed about legislation to protect Mueller, McConnell demurred, saying, "I don't think that's necessary. I don't think Bob Mueller is going anywhere. I think there is widespread feeling, and the president's lawyers obviously agree, that he ought to be allowed to finish the job."

Other GOP senators expressed confidence in Mueller. Sen. Orrin Hatch (Utah) said he told the White House to allow Mueller "to continue his investigation unimpeded," adding, "I know Mueller well and believe him to be a straight shooter, and I continue to believe that giving Mueller the time and support necessary to get to the bottom of things is in the best interest of all parties involved." But Hatch didn't think legislation to protect Mueller was necessary at this point, saying, "I do not believe the president would take such a foolish action."

Senate Majority Whip John Cornyn (Texas) said he doubted Trump would terminate Mueller's appointment because "the consequences would be so overwhelming."

Next Page  1  |  2  |  3

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).