For months now, there’s been nervous chatter about what happens after the midterm election when it comes to the Russia investigation being conducted by Special Counsel Robert Mueller. Now that the president has fired Attorney General Jeff Sessions and replaced him with a loyalist flunky, it appears we’ve reached the Constitutional crisis stage of the Russia probe.
But a legal brief Mueller’s team of prosecutors filed in federal court in late September suggests that Trump’s options are now severely limited if he tries to give Mueller the boot.
The brief cited legal precedents reaching all the way back to 1870 that prove not only is the special counsel protected, but courts have ruled that way for over a century:
“These instances—involving appointments by Attorneys General under Presidents Garfield, Theodore Roosevelt, Truman, Kennedy, Nixon, Carter, George H.W. Bush, and Clinton—span nearly 140 years and include some of the most notorious scandals in the Nation’s history, including Watergate.”
In other words, the special counsel is protected by the Constitution and legal precedent.
This latest filing comes in response to a challenge made by Andrew Miller, a former aide to close Trump friend Roger Stone. Stone had multiple contacts with WikiLeaks and Julian Assange during the 2016 race, including around the time hacked emails from the Democratic National Committee were leaked online.
By the way, this is Miller’s second attempt to avoid turning over documents and testifying in response to multiple subpoenas. His first was rejected by a federal judge just last month, who also held Miller in contempt of court. His appeal is now being considered, but it seems unlikely it will end any better than his first appearance in court did.
So while Donald Trump may be under the illusion that he holds all the cards when it comes to Robert Mueller and the Russia probe, he clearly doesn’t. The courts have already ruled the special counsel is operating under the authority granted to him, and Mueller is now so far along with his investigation that Trump is powerless to change a thing.
Looks like Donald Trump was just “trumped” by the Constitution and American history, two things he knows nothing about.