The AG “may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.” And the AG has to explain why in writing./2
Rosenstein has said there are no grounds for removal, and an acting AG (Whitaker) is not the AG, so removal likely has to wait until a new AG is confirmed, so Mueller should be safe for now./3
That said, Trump defies norms, conventions and laws, so firing Rosenstein and Mueller in defiance of the law is not out of the question. Congress would have to act. /4
The Republican Senate will likely confirm whomever Trump wants, so it will be up to the House to bring transparency and accountability to the White House, which will push back on subpoenas. /5
That would put things in the courts, which has been doing the heavy constitutional lifting for nearly two years now. It’s too bad more Americans don’t get that, without checks and balances, democracy loses. We all lose. /6
Let’s hope career professionals at DOJ-people like Rosenstein and Mueller-are allowed to do their jobs to completion. After today’s firing of Sessions, I’m not hopeful. /end
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Some more takeaways from impeachment today: 1/ Lots of focus on the former VP - @glennkirschner2 just said on my IGTV show #SimplePolitics that House impeachment managers seem to be making a case that Donald Trump engaged in a conspiracy to attempt to murder #MIKEPENCE.
/2 Senators are biased jurors but also lived through the trauma; this presentation is putting them back on Jan. 6 at an emotional level, though some Republicans (@HawleyMO) reported failure to even watch the evidence. Will this change minds? Awaken hearts?
/3 It is excruciatingly clear that the Capitol Police and DC police department were abandoned by Donald Trump and left for hours to fight unaided for their lives. Republicans who vote to acquit can no longer claim to be on the side of law enforcement, period.
Here are some key takeaways from @RepRaskin's formidable argument today: 1/ Trump's defense is that what he did was "totally appropriate" so the parties are proceeding on the joint assumption that it would happen again if he were re-elected in 2024;
/2 Trump's 12/19/20 tweet telling supporters to "be there" and that it will "be wild" on 1/6 expressly singled out the day - 1/6 - *because of" the counting of electoral college votes that day, which goes to knowledge and intent;
/3 Trump urged his supporters on 1/6 to "fight like hell," pointing to the Capitol, and *hell came* to the Capitol. This is a 1+1=2 definition of incitement of insurrection (rhetorically at least);
Let's not forget Judge Sullivan's words about #MichaelFlynn: “This is a very serious offense,” “Arguably, you sold your country out.” Flynn is “an unregistered agent of a foreign country, while serving as the national security adviser to the president of the United States.”
“[Flynn] was a high-ranking government official, advising the president of the United States,” Sullivan said. “I’m not hiding my disgust, my disdain, for this criminal offense.”
“I can’t promise you a sentence that involves no jail time." “You understand why” I was concerned, the judge told Flynn’s attorney Robert Kelner. “This sounds like a backpedaling on the acceptance of responsibility.”