GOP Lawmakers Demand That 'Alarming' Memo On FISA Abuses Be Made Public

[sneakypete]

He hasn't the authority to fire Mueller.

@endicom

Are you serious? Trump will fire anyone at any time. He's famous for firing people that don't produce or who are unloyal.

[edpc]

He hasn't the authority to fire Mueller.

The guy who helped write the Special Counsel rules disagrees.


But former acting solicitor general Neal Katyal, who helped draft the special counsel regulations in the 1990s, has also suggested that the rules don't "foreclose the possibility of political interference in the investigation."

"Our Constitution gives the President the full prosecution power in Article II; accordingly, any federal prosecutor works ultimately for the President," Katyal said. "The President, therefore, would have to direct Rosenstein to fire Mueller -- or, somewhat more extravagantly, Trump could order the special-counsel regulations repealed and then fire Mueller himself."

[endicom]

The guy who helped write the Special Counsel rules disagrees.


But former acting solicitor general Neal Katyal, who helped draft the special counsel regulations in the 1990s, has also suggested that the rules don't "foreclose the possibility of political interference in the investigation."

"Our Constitution gives the President the full prosecution power in Article II; accordingly, any federal prosecutor works ultimately for the President," Katyal said. "The President, therefore, would have to direct Rosenstein to fire Mueller -- or, somewhat more extravagantly, Trump could order the special-counsel regulations repealed and then fire Mueller himself."

Okay, Trump cannot at present fire Mueller.


Here's a link to your quote source: https://www.cnn.com/2017/12/18/politics/donald-trump-robert-mueller/index.html

[driftdiver]

They want them made public? Then they should go right ahead a la Feinstein.

@GtHawk
The report is currently classified which means only James Comey or the State Dept can send it out via Yahoo.

[driftdiver]

Okay, Trump cannot at present fire Mueller.

He can but it would be politically unwise.

[Concerned]

He can but it would be politically unwise.

I don't believe Trump can fire Mueller.  I believe it has to come from the DOJ, in this case Rosenstein since Sessions reclused himself (or Rosenstein's replacement if Rosenstein were to be fired):

"Under the special counsel regulations, Mueller may be "disciplined or removed from office only by the personal action of the attorney general."

Attorney General Jeff Sessions has recused himself from all matters related to the 2016 presidential campaigns, so the power to fire Mueller falls to Deputy Attorney General Rod Rosenstein."

http://www.cnn.com/2017/12/18/politics/donald-trump-robert-mueller/index.html

[Sanguine]

Hannity was all over this tonight.  Of course, Hannity has been successfully dismissed as a Trump lover but he's more reliable than a lot of the press.

Yes, but that's a really low bar.

[edpc]

Okay, Trump cannot at present fire Mueller.


Here's a link to your quote source: https://www.cnn.com/2017/12/18/politics/donald-trump-robert-mueller/index.html

Thanks, I thought I had included it.  There's more information in his interview from The Washington Post, but it is behind a paywall.

[driftdiver]

I don't believe Trump can fire Mueller.  I believe it has to come from the DOJ, in this case Rosenstein since Sessions reclused himself (or Rosenstein's replacement if Rosenstein were to be fired):

"Under the special counsel regulations, Mueller may be "disciplined or removed from office only by the personal action of the attorney general."

Attorney General Jeff Sessions has recused himself from all matters related to the 2016 presidential campaigns, so the power to fire Mueller falls to Deputy Attorney General Rod Rosenstein."

http://www.cnn.com/2017/12/18/politics/donald-trump-robert-mueller/index.html

@Concerned
The DOJ works for Trump.    Trump can fire anyone in the executive branch

[edpc]

This would be the process for disclosing the information....

“Rule X of the House Rules allows the select committee to publicly disclose any information in its possession after a determination by the select committee that the public interest would be served by such disclosure.”

According to House Rules, if the House intelligence committee votes to make the report public, President Trump would have five days to issue an objection. If he objected, it would take a vote on the House floor.

http://www.breitbart.com/big-government/2018/01/18/worse-than-watergate-shocking-house-intel-memo-allegedly-reveals-fisa-abuse-by-senior-doj-and-fbi-officials/

[Concerned]

@Concerned
The DOJ works for Trump.    Trump can fire anyone in the executive branch

According to law, in this case, 28 CFR 600.7, Trump can't fire the special counsel.  This has been repeatedly covered by the press for months:

"(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal."

 

https://www.law.cornell.edu/cfr/text/28/600.7

[Bigun]

According to law, in this case, 28 CFR 600.7, Trump can't fire the special counsel.  This has been repeatedly covered by the press for months:

"(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal."

 

https://www.law.cornell.edu/cfr/text/28/600.7

 

Then that law is patently unconstitutional as it encroaches on presidential power.

[driftdiver]

According to law, in this case, 28 CFR 600.7, Trump can't fire the special counsel.  This has been repeatedly covered by the press for months:

"(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal."

 

https://www.law.cornell.edu/cfr/text/28/600.7

@Concerned
So the President tells the AG to fire the SC.   You're talking the minutia.  Each and every person in the Executive branch works for the President ultimately.

[edpc]

According to law, in this case, 28 CFR 600.7, Trump can't fire the special counsel.  This has been repeatedly covered by the press for months:

"(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal."

 

https://www.law.cornell.edu/cfr/text/28/600.7

This does not supercede the executive authority cited by Neal Katyal in my previous post.  That is why you always hear 'Constitutional Crisis' mentioned in discussions about it.

[Concerned]

@Concerned
So the President tells the AG to fire the SC.   You're talking the minutia.  Each and every person in the Executive branch works for the President ultimately.

The AG has recused himself so it falls on Rosenstein as I noted in Reply #30.

[driftdiver]

The AG has recused himself so it falls on Rosenstein as I noted in Reply #30.

@Concerned
Good grief, why are you so invested with the idea that the President doesn't have the power which is clearly spelled out in the Constitution?

[Concerned]

@Concerned
Good grief, why are you so invested with the idea that the President doesn't have the power which is clearly spelled out in the Constitution?

I'm simply invested in honesty and the regulations as they stand today.  The words seem pretty clear to me in 28 CFR 600.7.  If that regulation is found to be unconstitutional or recinded, it'll be struck down.  Until then........................

[sneakypete]

@GtHawk
The report is currently classified which means only James Comey or the State Dept can send it out via Yahoo.

@driftdiver


Do I detect a faint whiff of sarcasm?

[driftdiver]

@driftdiver


Do I detect a faint whiff of sarcasm?

@sneakypete   

[RetBobbyMI]

According to law, in this case, 28 CFR 600.7, Trump can't fire the special counsel.  This has been repeatedly covered by the press for months:

"(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal."

 

https://www.law.cornell.edu/cfr/text/28/600.7

Easy to circumvent. Simply tell the AG to fire that Rosenhiemer guy and nominate a replacement that will fire Moeller or he is fired too.

[Emjay]

Yes, but that's a really low bar.

Maybe, but it is a bar ...

[Oceander]

Easy to circumvent. Simply tell the AG to fire that Rosenhiemer guy and nominate a replacement that will fire Moeller or he is fired too.

I doubt if that circumvention would work.  It’s generally not possible to do indirectly what you cannot do directly.   

[GrouchoTex]

I've been hearing rumors about the existence of this bombshell for a week on kook sites. Looks like they got one right.

Now the big question is whether Donny has the balls to start firing people.......including Mueller.

I thought for the longest time these deep-state guys were tinfoil hat wearers, others have called them Russian bots.
But now?
If this thing is true, I may have to get fitted for some tinfoil.
At least it will hide the bald spots.

[ConservativeGranny]

Let me get this straight, they just voted to let the NSA not need warrants and they're upset about FISA warrant abuse?

I'm guessing the upsetting "abuse" involved FISA warrants against people in government, seeing that they regard the conduct of signals intelligence (a war measure) against the American people as a whole as right and proper (thereby showing they regard us as an enemy).

It makes sense to me. They must get this done before Bannon and Lewandowski testify to Mueller. They are running out of options to get rid of Mueller and he is getting too close. They need to shut this investigation down so we will be seeing some desperate measures. I understand Twitter  has said that the Russian Bots are working overtime on this one.

"The frequency with which the accounts have been promoting the hashtag has spiked by 233,000% over the past 48 hours, according to the site. The accounts’ references to the “memo,” meanwhile, have increased by 68,000%.

The most-shared domain among the accounts has been WikiLeaks, and the most-shared URL has been a link to WikiLeaks’ “submit” page."

http://www.businessinsider.com/release-the-memo-campaign-russia-linked-twitter-accounts-2018-1

You would think we should be concerned when one of our enemies is putting this much effort and money into obstructing an investigation involving our President. But I guess not.

[Fantom]

He hasn't the authority to fire Mueller.

Actually, he does.

Now whether it is politically wise......