The Patriot Post® · Is Trump Going to Fire Special Counsel Mueller?

By Todd Johnson ·
https://patriotpost.us/articles/50381-is-trump-going-to-fire-special-counsel-mueller-2017-07-26

That question is on the lips of many Americans this week. Numerous media outlets from all sides are spending a significant amount of time exploring Special Counsel Robert Mueller’s authority to conduct the Russia probe and whether President Donald Trump will decide to remove him from the investigation.

While Trump is now on the record saying he doesn’t think he would fire Mueller, that hasn’t precluded Trump from calling the investigation a “witch hunt,” impugning Mueller’s integrity, or fuming that Attorney General Jeff Sessions shouldn’t have recused himself from the inquiry. These verbal barrages do nothing but hurt Trump, and while he may feel better lashing out at these perceived injustices, they will only damage him in the long run. Instead, he would be better served by actually reading some of the critical documents governing Russian efforts to influence the 2016 presidential election and related matters.

A thorough review of the facts reveals a few things. First, Mueller has considerable latitude to conduct the investigation because he was given a broad mandate by Deputy Attorney General Rod Rosenstein. The appointment, made on May 17, clearly states Mueller’s tasks: to investigate “(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose or may arise directly from the investigation and (iii) any other matters within the scope of 28 C.F.R. § 600.4(a).”

If Trump wants to direct his anger toward anyone it should be at Rosenstein since he was the one who established the parameters of the inquiry. Former federal prosecutor Andrew McCarthy surmises those parameters are particularly wide because Trump threw Rosenstein under the bus over the firing of James Comey.

Second, Mueller would be derelict in his duties if he didn’t adhere to the statute governing the activities as special counsel. According to U.S. Code 28 CFR 600.4, the jurisdiction of the special counsel shall “include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.” This means he and his team aren’t just relegated to investigating acts that took place during the campaign, but they can also look at present day activities, including tax returns.

Given Trump’s vast business dealings, there is a lot of ground for Mueller to cover. Remember, Bill Clinton’s impeachment fiasco began with an investigation into the Clintons’ Whitewater business dealings.

While this dynamic may anger Trump, it does him no good to rail against it. Every time he fires off a salvo of invective on Twitter about the Russian investigation he adds more fuel to a blaze that he can’t control. More importantly, he self-sabotages his agenda, and he and the Republican Party can’t afford to do that anymore. The 2018 congressional elections are only 15 months away and the window for passing any meaningful legislation is slowly slipping away.

Going forward, Trump and his staff really need to think long and hard about the second and third effects of any decisions he will make pertaining to the Russian investigation and Mueller. If Trump orders Rosenstein to remove Mueller from the investigation, he may well set off a constitutional crisis (or at least some will make it out to be one), as well as the potential of a full-scale revolt at the Justice Department. He would also further divide an already segmented country and would raise the very serious question of whether a sitting president of the United States was attempting to obstruct justice.

The American people voted for Donald Trump because they believed that he could make a positive difference in their lives. So far, however, his success in facilitating change in DC has been somewhat muted by unforced errors related to the phony Russia collusion delusion.

Trump would be wise to lay off Mueller in the press and let the special counsel’s team — biased as it may be — conduct its investigation. He must trust Deputy Attorney Rosenstein to do the right thing and give him the flexibility to oversee the investigation. If Trump’s surrogates want to engage in attacking the enquiry, that’s their prerogative, but Trump himself needs to stay above the fray.

He must take to heart the words he released back in May: “As I have stated many times, a thorough investigation will confirm what we already know — there was no collusion between my campaign and any foreign entity. I look forward to this matter concluding quickly. In the meantime, I will never stop fighting for the people and the issues that matter most to the future of our country.”

Only time will tell if he chooses to follow his own advice.