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re: Lindsey Graham to Introduce Bill Limiting Trump’s Ability to Fire the Mueller

Posted on 7/27/17 at 1:32 pm to
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 7/27/17 at 1:32 pm to
frick the constitution

Too bad he can't catch what McCain has
Posted by BestBanker
Member since Nov 2011
17474 posts
Posted on 7/27/17 at 1:33 pm to
You're Federal government at it's finest, doing the work of the people, for the people.

Can we give it up for the fine minds of our Senate?




Please clap.


Posted by skrayper
21-0 Asterisk Drive
Member since Nov 2012
30871 posts
Posted on 7/27/17 at 1:39 pm to
quote:

Don't you need a Constitutional Amendment to change the powers of the President?


If said power is granted by the Articles of the Constitution, it cannot be removed no matter what. If they are provided by an Amendment (outside the Bill of Rights), it takes an Amendment to change it.

That said, power to FIRE an Independent Counsel is not granted to the President by the Constitution. He is granted the power to appoint only at the whim of Congress - Congress can, technically, vest the power into the Judiciary instead to do so, to ensure impartiality.
Posted by skrayper
21-0 Asterisk Drive
Member since Nov 2012
30871 posts
Posted on 7/27/17 at 1:41 pm to
quote:

There was a great analysis on Rush this morn; Trump should order Sessions to instruct Meuller to stay within Regulatory Code parameters re the SPECIFIC CRIME upon which His (Meuller's) investigative authority was based.


That's not how it works. If they uncover evidence of a different crime when investigating the first, they are will within their authority to investigate THAT crime. If someone is investigating you for fraud and find evidence of murder, they don't just shrug and go forward with the fraud.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98679 posts
Posted on 7/27/17 at 1:42 pm to
Oh Lindsey...

That whole pesky separations of power thing...

You might want to see what happened to the Tenure of Office Act.

Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 7/27/17 at 1:51 pm to
quote:

That's not how it works.


Uh yes it does.

Our system of law is based in requiring probable cause to investigate much less even arrest and prosecute someone and the gigantic fishing expedition Mueller appears to be doing violates that legal principle.

If Mueller is reduced to digging into decades of Trump's finances and couldn't find anything notable of sort in the past 2-3 years that would look like Russian collusion, they have nothing on him.
Posted by TheLSUTiger
Member since Dec 2011
594 posts
Posted on 7/27/17 at 1:54 pm to
You hate everyone! :-)
Posted by a want
I love everybody
Member since Oct 2010
19756 posts
Posted on 7/27/17 at 1:55 pm to
quote:

I'm starting to hate Republicans....esp cuck Republicans...

I bet it passes with over 75 votes in senate.

Trump's rolling shitshow is getting old.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 7/27/17 at 1:59 pm to
There is a reason Democrats and Republicans alike are going after Trump folks, Every American who opposes a lawless government that does whatever it wants and crushes those who oppose it should be against what they are attempting to do to Trump.

And yes you stupid liberals, you can both disagree with Trump on politics AND be aghast at the way the swamp is attempting to kill him. Hell, you can even think he's an a-hole and still think that what these jerks are doing is wrong.
Posted by skrayper
21-0 Asterisk Drive
Member since Nov 2012
30871 posts
Posted on 7/27/17 at 1:59 pm to
quote:

Our system of law is based in requiring probable cause to investigate


No, you need reasonable suspicion, not probable cause. They are different.
Posted by awestruck
Member since Jan 2015
10931 posts
Posted on 7/27/17 at 2:02 pm to
quote:

Ask yourself why he would veto this bill.


... because it's the first thing that pop's into his head.
Posted by TigerDoc
Texas
Member since Apr 2004
9902 posts
Posted on 7/27/17 at 2:04 pm to
Interesting precedent. I wasn't aware of it.

The holding of Morrison v. Olson (1988), however, was that the Independent Counsel, as an official technically under the Executive branch didn't constitute a separation of powers issue. Mueller is a Special Counsel, the successor to the IC, was hired, supervised, and funded under DOJ. If Congress were to say that his firing would require additional DOJ oversight (and the article does say his firing would be subject to "judicial review" so I presume that would be DOJ), they'd probably be in the clear (Constitutionally at least).

But others, are of course, right. This law would presumably need to override a veto and that's probably not possible (though who knows - they're getting bipartisan about Russia sanctions and Sessions). Still, if Mueller was fired, Congress and the public could perhaps force a new SC hire (like after Cox was fired in Watergate) or Congress could even hire Bob Mueller and his team for one of their investigations. I don't think he'd have the power to prosecute in the Federal Courts, but he might be able to refer back to DOJ and could certainly help them out with "high crimes and misdemeanors".
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 7/27/17 at 2:04 pm to
quote:

No, you need reasonable suspicion, not probable cause. They are different.


Actually, you are also incorrect

In THIS country, we investigate CRIMES, not people.

For example, a store is robbed, that's a crime, we investigate the robbery and find a suspect then we deep dive into the suspect.

There was never and still isn't an initiating crime here. "collusion" isn't a crime.
Posted by AU_Right
Member since Oct 2016
3048 posts
Posted on 7/27/17 at 2:05 pm to
quote:

don't see why anyone would oppose this.

Of course you don't...it's not a bunch of out of control coons being investigated.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 7/27/17 at 2:09 pm to
quote:

reasonable suspicion


And what reasonable suspicion would he have about decades of Trump finances to go outside the scope of the probe he was appointed to do?

No person, including Trump deserves to be subject to limitless investigation without end with no checks whatsoever. It's abusive and Mueller needs to be reined in.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 7/27/17 at 2:12 pm to
quote:

There was never and still isn't an initiating crime here. "collusion" isn't a crime.


Exactly.

This is nothing more than a glorified abusive fishing expedition that's also well resourced and well financed oppo research at no cost to democrats and Never Trumpers.

Not a shock that prissy queen Graham wants to protect that.
Posted by wt9
Savannah, Ga
Member since Nov 2011
1123 posts
Posted on 7/27/17 at 2:12 pm to
What if Graham is working with Trump.
If you believe the tin foil hate people. Sessions and Mueller are going to drain the swamp and Trump is throwing shade. What better way than to get everyone on record with a vote supporting them.
Posted by TigerDoc
Texas
Member since Apr 2004
9902 posts
Posted on 7/27/17 at 2:12 pm to
He's not subject to limitless investigation. He can be fired with "good cause" by Rod Rosenstein, one of his own appointees.
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 7/27/17 at 2:13 pm to
quote:

Interesting precedent. I wasn't aware of it.

The holding of Morrison v. Olson (1988), however, was that the Independent Counsel, as an official technically under the Executive branch didn't constitute a separation of powers issue. Mueller is a Special Counsel, the successor to the IC, was hired, supervised, and funded under DOJ. If Congress were to say that his firing would require additional DOJ oversight (and the article does say his firing would be subject to "judicial review" so I presume that would be DOJ), they'd probably be in the clear (Constitutionally at least).

But others, are of course, right. This law would presumably need to override a veto and that's probably not possible (though who knows - they're getting bipartisan about Russia sanctions and Sessions). Still, if Mueller was fired, Congress and the public could perhaps force a new SC hire (like after Cox was fired in Watergate) or Congress could even hire Bob Mueller and his team for one of their investigations. I don't think he'd have the power to prosecute in the Federal Courts, but he might be able to refer back to DOJ and could certainly help them out with "high crimes and misdemeanors".


Let me help you out

Yes, of course Congress could change the law . No they don't have the votes .

As for Mueller, Trump can't even fire him now. The President can NOT fire a special counsel, PERIOD.

Now, he could do one of a few things. He could fire Jess Sessions and appoint an acting AG that would fire Mueller

or he could fire Rosenstein and hire a Deputy AG who would fire Mueller.

Neither of those would be popular moves.

Another thing he could do is simply issue pardons to every single person on his campaign staff for any crimes they may have committed.

Another move that wouldn't be politically smart.

As for Congress, I don't care who those idiots hire, they can't prosecute anyone. Even their own Capitol Police refer people they arrest to the DOJ .

And once again I remind, Trump is being deprived of his civil rights here and no one seems to care. In this country we don't investigate people and dig through their papers without even so much as an idea of what laws were broken. It's been almost a full year this investigation has been going on in various agencies, and committees and no one as of yet has mentioned one statute that they believe was violated, let alone by any particular person.


Imagine if the police showed up at your house and said "we're investigating your for colluding to say bad things about the guy down the street with the guy down the other street" then they began to investigate every inch of your personal life looking to see if you may have committed any crimes. WOuld you cry foul? Of course you would.
This post was edited on 7/27/17 at 2:15 pm
Posted by Paluka
One State Over
Member since Dec 2010
10763 posts
Posted on 7/27/17 at 2:14 pm to
quote:

Trump's rolling shitshow is getting old.


I'm not a Trump supporter but your shitshow is getting old too.
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