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The Proposed Legislation to Protect Mueller

Posted on 3/21/18 at 4:50 pm
Posted by AUstar
Member since Dec 2012
16970 posts
Posted on 3/21/18 at 4:50 pm
We hear people like Graham say they will pass a bill to protect Mueller from being fired, but obviously they slept through law school because such a law is clearly unconstitutional. There is a separation of powers between Congress and the executive branch. Moreover, Congress is not a body with law enforcement authority. If they don't like Trump firing Mueller, then they can start impeachment proceedings. That's within their rights, but good luck with getting that 2/3rds.

Second, what is Trey Gowdy smoking? He said that he thinks there's no collusion but then says Mueller needs to keep investigating. Investigate what, Gowdy? If there is no criminal act, then WTF is Mueller supposed to be doing? You don't appoint special prosecutors to look into counterintelligence matters - that's the job of the FBI's CI division. Investigating spies or espionage is not what a special prosecutor does.

All of these people are CLOWNS. They don't even have cogent, logical arguments. They are either A) terrible lawyers or B) Just want to get on TV and talk out their asses.
Posted by themunch
Earth. maybe
Member since Jan 2007
64562 posts
Posted on 3/21/18 at 4:52 pm to
DOJ should end Mueller's time.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 3/21/18 at 5:41 pm to
quote:

We hear people like Graham say they will pass a bill to protect Mueller from being fired, but obviously they slept through law school because such a law is clearly unconstitutional. There is a separation of powers between Congress and the executive branch. Moreover, Congress is not a body with law enforcement authority. If they don't like Trump firing Mueller, then they can start impeachment proceedings. That's within their rights, but good luck with getting that 2/3rds.



They either suck arse at politics and are afraid to take the brass knuckles to Mueller or they want Mueller to stay on as long as possible to be a thorn in Trump's side.

It's either one of those.

quote:

Second, what is Trey Gowdy smoking? He said that he thinks there's no collusion but then says Mueller needs to keep investigating. Investigate what, Gowdy? If there is no criminal act, then WTF is Mueller supposed to be doing? You don't appoint special prosecutors to look into counterintelligence matters - that's the job of the FBI's CI division. Investigating spies or espionage is not what a special prosecutor does.


Gowdy has always struck me as pretty swampy himself and the more I think about it, they more I think the GOP wants Mueller to stay to keep harassing Trump.
Posted by Wtxtiger
Gonzales la
Member since Feb 2011
7257 posts
Posted on 3/21/18 at 5:46 pm to
They are all being blackmailed. The cia, fbi, nsa and hundreds of intelligence contractors have access to wiretaps of all these politicians and especially their staff. They are all owned by the intelligence contractors that sell information to blackmail these politicians. Everyone is compromised.
If the telephone call by the President isn’t safe, then you think a call by Gowdy or his chief of staff is safe? They are all dirty with Clinton and McCain on the top of the list with their foundations having bribed most politicians in DC.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
35923 posts
Posted on 3/21/18 at 5:52 pm to
Gowdy is a former SC Solicitor and U.S. Attorney. He gives zero fricks about constitutional rights and individual freedom. The guy probably gets a hard on just thinking about sending people to prison, so I'm sure he loves a good witch hunt.
Posted by auggie
Opelika, Alabama
Member since Aug 2013
27701 posts
Posted on 3/21/18 at 5:53 pm to
Trump doesn't want to fire Mueller.
He wants to PRETEND that he wants to fire Mueller.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57106 posts
Posted on 3/21/18 at 5:55 pm to
quote:

We hear people like Graham say they will pass a bill to protect Mueller from being fired, but obviously they slept through law school because such a law is clearly unconstitutional.


Window dressing for people in this country who know no better.
Posted by TigerFanInSouthland
Louisiana
Member since Aug 2012
28065 posts
Posted on 3/21/18 at 5:55 pm to
quote:

We hear people like Graham say they will pass a bill to protect Mueller from being fired, but obviously they slept through law school because such a law is clearly unconstitutional. There is a separation of powers between Congress and the executive branch. Moreover, Congress is not a body with law enforcement authority. If they don't like Trump firing Mueller, then they can start impeachment proceedings. That's within their rights, but good luck with getting that 2/3rds.


After the previous couple of administrations, you think these traitorous asswipes give one iota of a frick about the Constitution? They’ve been tearing it to shreds whenever they see fit.

quote:

Second, what is Trey Gowdy smoking? He said that he thinks there's no collusion but then says Mueller needs to keep investigating. Investigate what, Gowdy? If there is no criminal act, then WTF is Mueller supposed to be doing? You don't appoint special prosecutors to look into counterintelligence matters - that's the job of the FBI's CI division. Investigating spies or espionage is not what a special prosecutor does


Gowdy is a fricking joke. Dude is just like the rest of the Republicans, all talk and no fricking walk.

I’m so tired of the weak and feckless leadership of the Republican Party. Why in the frick do we constantly send their sorry asses to Capitol Hill on their promises of shite like “give us Congress and the Presidency and we’ll govern like conservatives. We’ll end Obamacare, we’ll cut spending, we’ll reduce your taxes” on down the line and when they finally get there, they NEVER follow through?

I hate the Republican Party more than the Democrats. At least the Democrats are up front with their views on wanting to destroy the country.

Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 3/21/18 at 6:02 pm to
if you're going to say stuff like this
quote:

, but obviously they slept through law school because such a law is clearly unconstitutional.
At least know what the crap you are talking about.
quote:

then they can start impeachment proceedings. That's within their rights, but good luck with getting that 2/3rds.
they don't need 2/3 to start impeachment or get impeachment. And Graham doesn't have anything to do with impeachment. He would be part of the trial "jury", not impeachment proceedings. Now, I say all that without an ounce of interest or concern for a Trump impeachment.
Posted by Folsom
Folsom
Member since Mar 2006
3304 posts
Posted on 3/21/18 at 6:06 pm to
quote:

what is Trey Gowdy smoking?


Gowdy and Rand Paul love to hear themselves talk. It's disgusting.
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14164 posts
Posted on 3/21/18 at 8:48 pm to
quote:

We hear people like Graham say they will pass a bill to protect Mueller from being fired, but obviously they slept through law school because such a law is clearly unconstitutional. There is a separation of powers between Congress and the executive branch.

I was trying to think of a nice way to put this, but couldn't.

You don't have the faintest idea of what you are talking about.

The authority for the Attorney General to appoint a Special Counsel for the United States Department of Justice is a result of legislation passed by Congress in 1999, when the Special Prosecutor Act, under which Clinton was investigated, expired. Look at 28 CFR Section 600 for the current legislation.

The statute provides how and when a Special Counsel can be appointed, his powers once appointed, and how he can be removed.

As the statute reads now the Special Counsel can only be removed for cause, under certain circustances.

Congress could amend the statute to require that the Special Counsel could only be removed by a 60 member vote of the Senate, for example.

You need to look it up.
This post was edited on 3/21/18 at 8:50 pm
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 3/21/18 at 8:50 pm to
These grandstanding mother frickers can do this shite, in spite of Trump never saying he was thinking of firing Mueller, but they cannot produce a fricking budget bill with enough time for the people expected to vote on it to reqad it.

Our system is thoroughly corrupt.
Posted by TuDog
Boston
Member since Jun 2005
4149 posts
Posted on 3/21/18 at 8:53 pm to
Let the clown show continue. Honest Bob is protecting himself and his peeps
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14164 posts
Posted on 3/21/18 at 9:07 pm to
quote:

These grandstanding mother frickers can do this shite, in spite of Trump never saying he was thinking of firing Mueller, but they cannot produce a fricking budget bill with enough time for the people expected to vote on it to reqad it.

I'll grant you that.

But after they get finished with the budget, they probably should consider passing legislation that clarifies under what circumstances the Special Counsel can be removed.

Right now he can only be fired for cause under certain circumstances, as determined by the Attorney General (or the highest acting member of the DOJ).

But if the Attorney General fired the Special Counsel under questionable circumstances, there is concern that the Special Counsel could appeal his firing as being wrongful under the current "for cause" description in the statute.

That would be a seriously screwed up situation.
Posted by ruzil
Baton Rouge
Member since Feb 2012
16859 posts
Posted on 3/21/18 at 9:11 pm to
quote:

They are all being blackmailed. The cia, fbi, nsa and hundreds of intelligence contractors have access to wiretaps of all these politicians and especially their staff. They are all owned by the intelligence contractors that sell information to blackmail these politicians. Everyone is compromised.
If the telephone call by the President isn’t safe, then you think a call by Gowdy or his chief of staff is safe? They are all dirty with Clinton and McCain on the top of the list with their foundations having bribed most politicians in DC.



This guy gets it.

I still would love to see what they have on Chief Justice Roberts.
Posted by mmmmmbeeer
ATL
Member since Nov 2014
7413 posts
Posted on 3/21/18 at 9:31 pm to
The law they want is to lay out a means of putting a potential firing in front of a panel of judges to determine constitutionality under the directive Mueller was provided by Rosenstein. It's not a blanket "you can't fire him" they want; they know that's illegal. They're saying, yeah, you can fire him but that firing will be absolutely be immediately reviewed by the courts before it's official. They would essentially be assuring an unchecked executive cannot fire an investigator investigating the executive without the input from the other 2 branches of government.

That said, if Mueller is fired he would obviously immediately file for an injunction with the courts and fight his case to remain in place. The proposed legislation basically streamlines and guarantees an expeditious and fair review of any potential firing.

Trey Gowdy is the only Republican on the intelligence committee to have seen the evidence. He is, and has, been covering his own arse. Gowdy isn't a dumb guy. He knows that the Nunes committee did not investigate the intelligence and wants to be on record hedging the majority opinion he signed.
Posted by AUstar
Member since Dec 2012
16970 posts
Posted on 3/21/18 at 10:09 pm to
quote:

The authority for the Attorney General to appoint a Special Counsel for the United States Department of Justice is a result of legislation passed by Congress in 1999, when the Special Prosecutor Act, under which Clinton was investigated, expired. Look at 28 CFR Section 600 for the current legislation.

The statute provides how and when a Special Counsel can be appointed, his powers once appointed, and how he can be removed.



That's swell, but it doesn't dismiss my point. Congress cannot enact laws that diminish the executive branch's authority. They cannot enact a law that makes it impossible for the executive to utilize his constitutional authority. Congress is a separate branch of government with a separate mandate. Their job is not to boss around the executive branch

Congress can, as I said, go through impeachment proceedings if they like, but rewriting the constitution to suit a political agenda is not in their purview.
Posted by GumboPot
Member since Mar 2009
118550 posts
Posted on 3/21/18 at 10:12 pm to
You are 100% right.

Posted by GumboPot
Member since Mar 2009
118550 posts
Posted on 3/21/18 at 10:17 pm to
quote:

Trump doesn't want to fire Mueller.
He wants to PRETEND that he wants to fire Mueller.




I think you are right about this. He’s telling his opposition, you want Mueller? Here ya go, here’s Mueller. And the longer this goes on the more credibility Mueller loses by the day and the more him and his team look like idiots.
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14164 posts
Posted on 3/21/18 at 11:16 pm to
quote:

but rewriting the constitution to suit a political agenda is not in their purview.

Congress would not be rewriting the constitution. They would be amending the statute they passed that created the special counsel appointment.

The power to appoint or remove a Special Counsel is not in the constitution and is not a presidential power, because the Special Counsel is outside the DOJ.





This post was edited on 3/21/18 at 11:30 pm
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