Reply to Grand Jury Issues Sealed Indictments in Mueller Case

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Can Trump simply fire Mueller at this point if the heat really turns up?[/quote]

He probably could -- although the special counsel position was designed to not allow that.  It would be insane for Trump to do it, although I don't know if he realizes that.  It would be much worse than firing Comey, and that was very bad for Trump.  [/quote]

How could Trump fire Mueller? The only person who can fire Mueller is Rod Rosenstein. Can you see him firing Mueller? Trump would have to fire Rosenstein, then find a replacement who would fire Mueller. Doesn't Rosenstein's position require confirmation? So wouldn't any firing of Mueller have to wait until Rosenstein's replacement was confirmed?

Is this correct? Am I missing something? [/quote]

That’s not correct. If Rosenstein refuses to do it, President Trump can fire him and ask Rachel Bland to carry out the order. Trump has the authority to fire Mueller. The only question is the political calculation.[/quote]

Who is Rachel Bland? Why would she have the authority to fire Mueller? Please cite the statute. [/quote]

DP.  Rachel BRAND is the Associate AG. https://en.m.wikipedia.org/wiki/Rachel_Brand

She’s conservative.  But a serious, well respected conservative with a distinguished career. Not a Trumpkin.

The authority is an EO Trump signed for the line of succession in at the DOJ.

https://www.whitehouse.gov/the-press-office/2017/03/31/presidential-executive-order-providing-order-succession-within

Line of succession is AG (Sessions); Deputy AG (Rosenstein); Associate AG (Brand); Senate confirmed DOJ officials Sessions May designate (there are only 1-2 now),  US Atty EDVA (Boente, who just resigned); US Atty EDVA (Robert Higdon, who was just sworn in); and US attorney ND Texas (John Parker, who is an Obama holdover. Trump just announced his nominee).

Everyone in that line would absolutely resign before firing Mueller.  Except maybe Robert Higgdon, who I do not know enough about to say for sure. Although I think we are past the point where the Senate would conform a Trump lackey into the line of DOJ succession. Their worst nightmare is Trump finding someone to fire Mueller.  Because then they would have to act.

Good outline here:
http://www.newsweek.com/us-attorney-robert-higdon-justice-succession-mueller-660685

Then again, this is based on a Trump EO. So he is free to repeal it, or ignore it, or replace it.  But this is how it *should work*. 
[/quote]

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