Lily Rothman, TIME 40m ago onetime politics Courts President Trump Is Actually Allowed to Have Robert Mueller Fired, According to the Constitution After months of speculation about whether or not President Donald Trump might be tempted to fire Special Counsel Robert Mueller, who is leading the investigation into Russian meddling in the 2016 election, the New York Times reports that Trump actually did order Mueller fired last June — only to back down after top White House lawyer Donald McGahn threatened to quit. Trump has dismissed the report as “fake news.” His critics have seized on it, with Virginia Democratic Sen. Mark Warner saying that such an action would be crossing a “red line.” And while that may be the case as far as modern political norms are concerned, Trump technically does have the power to have a special counsel like Mueller fired — and the reason goes back to the Constitution. Katy Harriger, a professor at Wake Forest University and author of The Special Prosecutor in American Politics, says that’s because of the complicated history of the job Mueller holds. The job has gone through many permutations over the many years since it was first used in response to the Whiskey Ring scandal of the 1870s, but it’s important to note that the theoretical underpinnings of the President’s power over such a position go back to the beginning. “In Article II [of the Constitution] it does say that he has to take care that the laws are faithfully executed – that’s the source of his enforcement power,” Harriger says. “The courts said a long time ago that officers who are executing that power on behalf of the president have to be removable by him.” Visit Share Like

Posted: January 26, 2018 in Uncategorized
President Trump Is Actually Allowed to Have Robert Mueller Fired, According to the Constitution

After months of speculation about whether or not President Donald Trump might be tempted to fire Special Counsel Robert Mueller, who is leading the investigation into Russian meddling in the 2016 election, the New York Times reports that Trump actually did order Mueller fired last June — only to back down after top White House lawyer Donald McGahn threatened to quit.

Trump has dismissed the report as “fake news.” His critics have seized on it, with Virginia Democratic Sen. Mark Warner saying that such an action would be crossing a “red line.” And while that may be the case as far as modern political norms are concerned, Trump technically does have the power to have a special counsel like Mueller fired — and the reason goes back to the Constitution.

Katy Harriger, a professor at Wake Forest University and author of The Special Prosecutor in American Politics, says that’s because of the complicated history of the job Mueller holds. The job has gone through many permutations over the many years since it was first used in response to the Whiskey Ring scandal of the 1870s, but it’s important to note that the theoretical underpinnings of the President’s power over such a position go back to the beginning. “In Article II [of the Constitution] it does say that he has to take care that the laws are faithfully executed – that’s the source of his enforcement power,” Harriger says. “The courts said a long time ago that officers who are executing that power on behalf of the president have to be removable by him.”

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