Two members of the Senate Judiciary Committee moved
Thursday to protect Special Counsel Robert Mueller from being fired by
President Donald Trump, putting forth new legislation that aims to
ensure the integrity of current and future independent investigations.
Republican
Sen. Thom Tillis of North Carolina and Democratic Sen. Chris Coons of
Delaware said they introduced legislation letting any special counsel
for the Department of Justice challenge his or her removal in court. A
three-judge panel would review the dismissal within 14 days of the
challenge.
The bill would apply retroactively to May
17, 2017 – the day Mueller was appointed by Deputy Attorney General Rod
Rosenstein to investigate allegations of Russian meddling in the 2016
election and possible ties between Russia and Trump’s presidential
campaign.
“This is something that lives long beyond
this” situation involving Mueller, Tillis told reporters. “And I think
it’s also something that begins to re-establish the reputation for
independence in the Department of Justice.”
Former
FBI Director Robert Mueller, special counsel on the Russian
investigation, arrives for a meeting with members of the US Senate
Judiciary Committee at the US Capitol in Washington, DC on June 21,
- /AFP Photo
Tillis was among many GOP
senators who defended Attorney General Jeff Sessions after Trump
criticized him for recusing himself from the Justice Department’s
investigation into suspected Russian interference in the election. Trump
has threatened to fire Sessions, a former Alabama senator.
“So
this is really woven into a series of things that I think we should do
to help re-establish the solid reputation of DOJ,” he said.
Tillis
said introducing the measure Thursday would prompt discussions among
Republican senators about the move over the Senate’s summer recess,
which was expected to begin at the end of the week.
Mueller
was appointed as special counsel following Trump’s abrupt firing of FBI
Director James Comey. Mueller, who was Comey’s predecessor as FBI
director, has assembled a team of prosecutors and lawyers with
experience in financial fraud, national security and organized crime to
investigate contacts between Moscow and the Trump campaign.
Robert
Mueller waits for the beginning of a hearing before the Senate Homeland
Security and Governmental Affairs Committee on Capitol Hill in
Washington, DC, Sept. 22, 2010. /VCG Photo
Trump
has been critical of Mueller since his appointment, and the president’s
legal team is looking into potential conflicts surrounding the team
Mueller has hired, including the backgrounds of members and political
contributions by some members of his team to Hillary Clinton. He has
also publicly warned Mueller that he would be out of bounds if he dug
into the Trump family’s finances.
Mueller has strong
support on Capitol Hill. Senators in both parties have expressed
concerns that Trump may try to fire Mueller and have warned him not to
do so.
“Ensuring that the special counsel cannot be removed improperly is critical to the integrity of his investigation,” Coons said.
Republican
Sen. Lindsey Graham of South Carolina, another member of the judiciary
panel, said last week that he was working on a similar bill that would
prevent the firing of a special counsel without judicial review. Graham
said then that firing Mueller “would precipitate a firestorm that would
be unprecedented in proportions.”
Robert
Mueller pauses after making an opening statement at the US Senate
Judiciary Committee hearing on Capitol Hill in Washington, DC, June 19,
- /VCG Photo
Democratic Sen. Cory Booker of
New Jersey is also working on Graham’s legislation, according to
Booker’s office. Senate Judiciary Chairman Chuck Grassley, R-Iowa, has
yet to signal support for either measure.
The Tillis
and Coons bill would allow review after the special counsel had been
dismissed. If the panel found there was no good cause for the counsel’s
removal, the person would be immediately reinstated. The legislation
would also codify existing Justice Department regulations that a special
counsel can only be removed for misconduct, dereliction of duty,
incapacity, conflict of interest or other good cause, such as a
violation of departmental policies.
In addition, only
the attorney general or the most senior Justice Department official in
charge of the matter could fire the special counsel.
In
the case of the current investigation, Rosenstein is charged with
Mueller’s fate because Attorney General Jeff Sessions recused himself
from all matters having to do with the Trump-Russia investigation.