WASHINGTON — Today, during a markup of the fiscal year 2018 Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill, U.S. Senator Tom Udall advanced an amendment to prevent the unlawful firing of Special Counsel Robert Mueller. Udall’s amendment directs the leadership of the Department of Justice (DOJ) to adhere to the rule of law and fully comply with the department’s special counsel regulations which clearly state that the attorney general cannot fire Mueller without cause.
“The president has undertaken an unprecedented and dangerous attack on the rule of law in this country. First, President Trump fired the FBI director because he was investigating the administration’s alleged collusion with Russia. Now, the president is publicly undermining Attorney General Sessions because Sessions recused himself from the Russia investigation, and it is widely reported that the president has been calling into question the sterling credentials and impartiality of Special Counsel Mueller. If President Trump fires Attorney General Sessions — or forces him to quit — so that he can appoint a new attorney general who will then fire Special Counsel Mueller, I believe we will have a crisis on our hands,” Udall said. “My amendment shows that the Senate can act on a bipartisan basis to ensure the rule of law prevails — providing clear direction to the Department of Justice that the special counsel cannot be fired for uncovering information that the administration doesn’t like. As my amendment affirms, no special counsel on any matter can be removed without cause by any president or any attorney general. I am pleased that the Appropriations Committee has sent a strong, bipartisan message to the president that Congress will not tolerate attempts to undermine Special Counsel Mueller.”
Udall’s amendment was agreed to by a bipartisan voice vote of the full Senate Committee on Appropriations as part of the managers amendment. The full text of the amendment reads: “The committee directs the leadership of the Department [of Justice] to adhere faithfully to all of its established processes and regulations regarding the operations of any special counsel.” According to Title 28, Section 600.7(d) the U.S. Code of Federal Regulations, “the attorney general may remove a special counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of departmental policies." Deputy Attorney General Rod Rosenstein testified to the Senate Appropriations Committee earlier this year that department policy only allows for the dismissal of a special counsel if there is good cause and that he did not see any good cause to remove Mueller.
Udall pursued his amendment in response to Trump’s public statements that he is disappointed that Sessions recused himself from the DOJ investigation into Russian government involvement in the 2016 election, and reports that the president is considering replacing Sessions in order to install a new attorney general who could control the Russia investigation, including possibly removing Mueller.
