Seth AbramsonVerified account @SethAbramson 7m
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(1) Special prosecutors are appointed if DOJ sees a conflict of interest in it continuing to pursue a given federal criminal investigation.
(2) This means SESSIONS is partly to blame for ROSENSTEIN appointing MUELLER. SESSIONS violated his "recusal" from the Russia investigation.
(3) There are many other conflicts of interest for the DOJ, namely that TRUMP is the boss of SESSIONS, and SESSIONS the boss of ROSENSTEIN.
(4) Broadly, though, Rod ROSENSTEIN so quickly appointing a Special Counsel on Russia suggests TRUMP is very much part of the investigation.
(5) The term "Special Counsel" is now preferred by DOJ; during Watergate it was "Special Prosecutor" and in the 1990s "Independent Counsel."
(6) The statute governing Special Counsels lapsed in 1999. There is currently no law on SCs, only an internal DOJ regulation about them.
(7) DOJ regs say a Special Counsel can only be fired for good cause, e.g. misconduct, dereliction of duty, incapacity, conflict of interest.
(8) It's ROSENSTEIN who has the power to fire MUELLER, as AG SESSIONS claims (it seems falsely) he is recused from the Russia investigation.
(9) Could TRUMP fire MUELLER? The answer is: we don't know. We're in uncharted waters. But here's what would likely occur in that scenario:
(10) TRUMP would order SESSIONS to fire MUELLER. SESSIONS would have to decide whether to maintain his voluntary recusal from #Russiagate.
(11) If SESSIONS "unrecused" himselfsomething he has already done several times as to Russia, it now appearshe could then fire MUELLER.
(12) The political fallout from SESSIONS firing MUELLER, even with good cause shown, would be significant. It could lead to an impeachment.
(13) If SESSIONS stayed recused, he would pass the issue to ROSENSTEIN, who TRUMP would then ask to fire the man ROSENSTEIN himself hired.
(14) If ROSENSTEIN were to refuse to fire MUELLER, TRUMP could fire ROSENSTEIN and demand that any replacement for ROSENSTEIN fire MUELLER.
(15) This would be a situation identical to the "Saturday Night Massacre," when Nixon ordered a succession of his AGs to fire Archibald COX.
(16) Given that precedent, it's unlikely anyone at DOJ would be willing to fire MUELLER on the command of TRUMP, so MUELLER is here to stay.
(17) The exception to this would be if ROSENSTEIN found "good cause," without White House interference, to fire MUELLER. This WON'T happen.