Most Popular Choices
Share on Facebook 32 Printer Friendly Page More Sharing
OpEdNews Op Eds    H2'ed 8/7/18

Did Trump Break the Law by Ordering Sessions to End the Mueller Probe?

By       (Page 1 of 3 pages)   No comments
Message Marjorie Cohn
Become a Fan
  (13 fans)

From Smirking Chimp

Donald Trump is not happy with his attorney general Jeff Sessions.
Donald Trump is not happy with his attorney general Jeff Sessions.
(Image by YouTube, Channel: CBC News)
  Details   DMCA

Since the appointment of Robert Mueller as special counsel to investigate ties between Russia and the Trump campaign, Donald Trump's fury has steadily mounted. Trump has railed against Mueller's investigation, repeatedly calling it a "witch hunt." But last week, as Paul Manafort's trial got underway and Trump expressed fear that his son, Donald Trump Jr., may be criminally implicated, the president's rage boiled over.

Was Trump's tweeted order that Attorney General Jeff Sessions "should stop this Rigged Witch Hunt right now, before it continues to stain our country any further" permissible under the "unitary executive" doctrine, or is it evidence of obstruction of justice by the president?

On March 2, 2017, after consultation with Justice Department officials, Sessions recused himself from the Russia investigation because of contacts he had with the Russian ambassador to the United States during the presidential campaign.

Later that month, in a meeting at Mar-a-Lago, Trump prevailed upon Sessions to un-recuse himself. Trump told his aides he needed a loyalist overseeing the Russia investigation. Sessions refused.

The task fell to Deputy Attorney General Rod Rosenstein to name a special counsel to lead the investigation. Rosenstein appointed Mueller in May 2017. Mueller's mandate: to investigate "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump" as well as "any matters that arose or may arise directly from the investigation."

One month later, in June 2017, Trump ordered White House counsel Don McGahn to fire Mueller, but McGahn refused and threatened to resign. Trump backed down.

In early December of 2017, Trump tried again to have Mueller fired.

The pertinent Department of Justice regulation says a special counsel can "be disciplined or removed from office only by the personal action of the Attorney General," and only "for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good reason."

Apparently aware of these grounds for removal of a special counsel, Trump tweeted that Mueller has a conflict of interest because of a fee dispute at Trump's National Golf Club in Virginia; Mueller's interview for FBI director before his appointment as special counsel; and Mueller's prior employment at a law firm that represents Jared Kushner, Trump's son-in-law.

But Rosenstein, the only person with power to fire Mueller, disagrees. Rosenstein told the House Judiciary Committee on June 28, 2018, that he is unaware of any "disqualifying" conflict of interest Mueller might have.

Nevertheless, the president's legal team is relying on the "unitary executive" doctrine to justify Trump's possible termination of the Mueller probe.

The "Unitary Executive" Theory of Presidential Power

The "unitary executive" theory is a radical right-wing concept of all-encompassing presidential power. Trump lawyer Marc Kasowitz wrote in a confidential memo to Mueller on June 23, 2017, that "the President also possesses the indisputable authority to direct that any executive branch investigation be open or closed because the Constitution provides for a unitary executive with all executive power resting with the President."

On June 4, 2018, without citing any legal authority, Trump tweeted that the appointment of Mueller was "totally UNCONSTITUTIONAL!"

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).

Rate It | View Ratings

Marjorie Cohn Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Stanford Antiwar Alums Call for War Crimes Investigation of Condoleezza Rice

Robert Mueller Is Moving Toward Donald Trump

"Big Brother is Watching You" -- Beyond Orwell's Worst Nightmare

Bradley Manning Treatment Reveals Continued Government Complicity in Torture

Obama's Af-Pak War is Illegal

Obama Spells New Hope for Human Rights

To View Comments or Join the Conversation:

Tell A Friend