Title : In the NYT "Daily" podcast recently, the host Michael Barbaro said flatly that Trump does not have the power to fire Mueller...
link : In the NYT "Daily" podcast recently, the host Michael Barbaro said flatly that Trump does not have the power to fire Mueller...
In the NYT "Daily" podcast recently, the host Michael Barbaro said flatly that Trump does not have the power to fire Mueller...
... so it's interesting to see an op-ed in the Times today, "Of Course Trump Can Fire Mueller. He Shouldn’t." It's by lawprofs John Yoo and Saikrishna Prakash (and I'm not going to look at the comments to see what I assume is a lot of negativity toward Yoo).It's hard to link to something I remember hearing in a podcast, but I think it was this episode. I was disheartened to hear Barbaro — whom I like a lot and consider unusually sober and fair — present what is a difficult legal question as if it had a known and agreed-upon answer and to imply that Trump was deceitful or ignorant to claim the power to fire Mueller.
Yoo and Prakash lay out the other side of the question, the side that favors greater Executive Power:
[C]ritics insist that Mr. Mueller enjoys protection under Justice Department regulations, which provide that the special counsel may be “removed from office only by the personal action of the attorney general” for “misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause.”Congress is considering a bill that would purport to protect Mueller from firing, but even assuming that did become a statute, it would be subordinate to the Constitution, which gives the President the power to "take care that the laws be faithfully executed." There is Supreme Court case law on that subject — Morrison v. Olson (1988), about the now-defunct independent counsel law (Congress's answer to Watergate). It's hard to picture Morrison v. Olson getting overruled, but that's not the issue unless and until Congress passes the bill (and wouldn't Trump veto it? Perhaps not!).
According to this view, Mr. Trump must convince Rod Rosenstein, the acting attorney general, to fire Mr. Mueller. If Mr. Rosenstein refuses, Mr. Trump can fire him and replace him with someone willing to do the dirty work. Alternatively, the president could order Attorney General Jeff Sessions, who has recused himself from the Mueller probe, to rescind the regulations, which date back to 1999, and then fire Mr. Mueller.
But this narrow view of the president’s options rests on a misunderstanding of basic constitutional principles. Ever since the founding, presidents, Congresses and the Supreme Court have recognized that the chief executive has constitutional power to remove executive officers....
A regulation issued by the Justice Department should not be read to limit the president’s constitutional power to remove officers....
By the way the Yoo and Prakash title — "Of Course Trump Can Fire Mueller. He Shouldn’t" — reminds me of the great old Nixon quote: "We can do that - but it would be wrong."
Thus Article In the NYT "Daily" podcast recently, the host Michael Barbaro said flatly that Trump does not have the power to fire Mueller...
That's an article In the NYT "Daily" podcast recently, the host Michael Barbaro said flatly that Trump does not have the power to fire Mueller... This time, hopefully can give benefits to all of you. well, see you in posting other articles.
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