Senators unveil bipartisan plans to block Trump from firing Robert Mueller

[Bob The Knob]

[url]https://www.washingtonpost.com/powerpost/senators-unveil-two-proposals-to-protect-muellers-russia-probe/2017/08/03/b980d082-787a-11e7-8f39-eeb7d3a2d304_story.html[/url]
[quote]Two bipartisan pairs of senators unveiled legislation Thursday to prevent President Trump from firing special counsel Robert S. Mueller III without cause — or at least a reason good enough to convince a panel of federal judges.

Senators have raised concerns that the president might try to rearrange his administration to get rid of Mueller, who is spearheading a probe of Russia’s alleged interference in the 2016 presidential election and any possible collusion between the Kremlin and members of the Trump campaign and transition teams.[/quote]
[quote]The two proposals — one from Tillis and Sen. Christopher A. Coons (D-Del.) and the other from Sens. Lindsey O. Graham (R-S.C.) and Cory Booker (D-N.J.) — each seek to check the executive branch’s ability to fire a special counsel, by putting the question to a three-judge panel from the federal courts. They differ in when that panel gets to weigh in on the decision.

Graham and Booker’s proposal, which also has backing from Judiciary Committee Democrats Sheldon Whitehouse (R.I.) and Richard Blumenthal (Conn.), would require the judges panel to review any attorney general’s decision to fire a special counsel before that firing could take effect. Tillis and Coons’ proposal would let the firing proceed according to current regulations, which they codify in the bill — but the fired special counsel would have the right to contest the administration’s decision in court. In that scenario, the judges panel would have two weeks from the day the special counsel’s case is filed to complete their review and determine whether the termination was acceptable.

Tillis and Coons, who pulled their bill together over the past two days, explained the difference as one to ensure that the legislation does not run afoul of constitutional separation of powers. Both senators, as well as Graham, said they expect they may merge their efforts after lawmakers return to Washington in September.

“I think we maybe can have a meeting of the minds. I really appreciate them doing it,” Graham said Thursday of Tillis and Coons’s bill. “I just have a different way of doing it.”[/quote]

[Tufty 🌹]

[QUOTE]"....explained the difference as one to ensure that the legislation does not run afoul of constitutional separation of powers"[/QUOTE]

Which one might run afoul of the separation? I assume the one that would block the firing procedure entirely?

In terms of expedience I think it would be far better to require review before the effect. To put a time limit on the review is a bit risky.

[Bob The Knob]

[QUOTE=Dr. Ethan Asia;52538462]Which one might run afoul of the separation? I assume the one that would block the firing procedure entirely?

In terms of expedience I think it would be far better to require review before the effect. To put a time limit on the review is a bit risky.[/QUOTE]

Lawfare has done some writing on the legal problems and difficulties that the now-expired Independent Counsel statue came into (a post-Watergate law which created a counsel that existed entirely outside of the executive branch and could only be dismissed for good cause)

[url]https://www.lawfareblog.com/senator-grahams-proposed-return-independent-counsel-statute-and-problem-impeachment-anxiety-syndrome[/url]
[url]https://www.lawfareblog.com/could-congress-simply-codify-doj-special-counsel-regulations[/url]