There’s enough chatter to justify talking about it. Particularly since a lot of the chatter is coming from Democratic Congresspeople. They are concerned about the date December 22, a Friday night when Congress is out of session.
Trump could take the traditional Saturday night massacre approach of asking Rosenstein to fire Mueller and when he resigns, working his way down to the ever interesting Dana Boente (what the hell is going on with that guy?) and beyond. Trump could also use, what is perhaps the more expedient approach, of inserting recess appointments and just directly placing someone whom will dismiss Mueller. At any rate, it’s possible.
What would happen if he did? Not sure, because where it once stood that most Republicans would not allow interference in the Mueller investigation, there is now eroding confidence that they would collectively do anything. They could respond to any recess appointment(s) by placing Congress back in session. That seems highly likely, no matter what Trump has done. No Congresspeople want the government being messed with while they are out of session.
But how would Congress react if Trump had successfully removed Mueller before any of them could do a thing about it? I don’t know. The House would continue to be the mess it is probably. The Senate? What would they do?
“Congress could enact a law reinstating the independent-counsel statute, on a one-time-only basis. Congress lacks the executive power to name the counsel but could pass a “sense of the Congress” provision encouraging Chief Justice John Roberts to name a panel to expeditiously appoint Mueller to continue his probe. “
This would require 2/3 to vote on it to ensure overriding a veto, which of course would come. I think we are safe with the Senate. The House…I don’t know. No matter what happens, the investigation into Russian interference would continue. No matter what, any testimony before Grand Jury would continue to exist. No matter what, anything that has already made it’s way to State Courts, would continue.
More importantly, no matter what, the public reaction to Trump ending the Mueller investigation would be immediate, volatile, and as Trump is fond of saying, “Like nothing ever seen before.” Honestly, the public reaction would be at a concerning high level of agitation.
If Republicans tried to ride the storm and attempt to avoid the issue altogether, public disobedience could very well look like outright rioting. The potential for seemingly self righteous, constitutional, counteraction in the form of deranged use of firearms is not out of the question. It’s not hard to envision Trump tweeting out his approval of violent reaction to protestors, is it. As so often is the case, Trump would afford us the displeasure of going places we have never been and never desired to visit.
I prefer to think that Trump’s lawyers still have enough sway over Trump to guide him away from what would be political suicide, a constitutional crisis, and potential harm to the country, but who knows?
What do you think?
Added: Fox news/Trump propaganda industrial complex piling it on: