Title : Trump's executive power and the political cost of trying to fire Mueller.
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Trump's executive power and the political cost of trying to fire Mueller.
On "Meet the Press" this morning, Chuck Todd asked Senator Joe Manchin (Democrat of West Virginia) whether he was concerned about the report that Trump ordered to fire the Special Counsel Bob Mueller. Manchin said:Chuck, here's the thing, you have a person who's the president of the United States that has been totally in control of his life, personally and his professional. He's been very successful. He's been able basically to either do things incentive-wise through checks, bonuses, money or organization or organization changes, things of this sort. He's had total control. Now all of a sudden he's understanding there's equal branches and there's equal powers. But also there's checks and balances. He's having a hard time with that. Hopefully I think that'll all come. But right now what you hear saying and what he's going to do. Let's see if he moves on [Deputy Attorney General Rod] Rosenstein.... I think at that time there'll be Democrats and Republicans saying, "Time to protect the judicial system and the three branches of government having equal power." Absolutely.Does Manchin think the Special Counsel is part of the judicial branch?
Later in the show, Todd talked to former C.I.A. director Robert Gates and asked him, "Do you think Congress should do whatever it took to protect [Mueller] if somehow the president decided to fire him?" Gates, making a lot more sense than Manchin, said:
Well, this is tough, because it is an executive branch appointment. And I don't know how you, how you, how the Congress extends an umbrella of protection legally through legislation over what is an executive branch nomination or appointment. I would say this. I think that the one thing that can be done is to try and figure out how to make it clear the magnitude of the political cost that would be incurred, should he be fired.It is the power of the executive branch that is at issue, though Gates doesn't attempt to explain why. Instead he, wisely, shifts the focus to "the political cost" to the President if he were to try to fire Mueller. I think they're talking about unconstitutional limitations on the President's power to remove an executive branch official, so the President's opponents (and supporters) ought to keep the political pressure on the President to endure the investigation and let us see the outcome.
But if Manchin and others want to keep accusing Trump of threatening the constitutional balance of power among the 3 branches of government, the President's constitutional authority should be defended with something more than the kind of subtle nudge we heard from Gates. And yet, it's probably not in the President's interest to lecture us legalistically about the extent of his constitutional power here because it would have a political cost.
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