Sunday, December 02, 2018

OPINION_ The ‘protect Mueller’ bill is blatantly unconstitutional

NEW YORK POST

OPINION

The ‘protect Mueller’ bill is blatantly unconstitutional

By Rich Lowry

November 29, 2018 | 8:03pm | Updated



Robert Mueller
Getty Images



Mitch McConnell just did our constitutional order an enormous favor by burying the so-called Mueller protection legislation.

There’s been much harumphing about how Republicans who didn’t get on board are in the tank for President Trump. But it was a singularly misbegotten bill.

Plan A, i.e., passing the thing, would have been hard enough. But supporters apparently didn’t think through a need for a Plan B or C: Trump would have vetoed the bill if it passed Congress, and if it somehow passed Congress with a veto-proof majority, the Supreme Court would likely have struck it down.

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READ MORE: https://nypost.com/2018/11/29/the-protect-mueller-bill-is-blatantly-unconstitutional/

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The ‘protect Mueller’ bill is blatantly unconstitutional
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In compelling Senate testimony, Yale law professor Akhil Amar explained the constitutional problems with the Mueller protection bill. The special counsel by definition is an inferior officer. Otherwise, he has to be confirmed by the Senate, which Mueller wasn’t. And if he’s an inferior officer, he can be fired.

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Trump has huffed and puffed about Mueller, yet cooperated with his investigation. That could change at any time. Trump only has to decide to fire Mueller once. But it would lead to dire political consequences, and fail to achieve its end of truly shutting Mueller down. If cashiered, Mueller would presumably show up in January as the first witness before Rep. Jerry Nadler’s Judiciary Committee and spill all he knows.

That’s probably all the protection Mueller needs, and certainly all the protection he can legitimately be afforded.



Twitter: @RichLowry

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