Two members of the Senate Judiciary Committee are moving to protect Special Counsel Robert Mueller’s job, putting forth new legislation that aims to ensure the integrity of current and future independent investigations.
Democratic Sen. Chris Coons of Delaware and Republican Sen. Thom Tillis of North Carolina plan to introduce the legislation Thursday. The bill would allow any special counsel for the Department of Justice to challenge his or her removal in court, with a review by a three-judge panel within 14 days of the challenge.
The bill would apply retroactively to May 17, 2017 — the day Mueller was appointed by Deputy Attorney General Rod Rosenstein to investigate allegations of Russian meddling in the 2016 election and possible ties between Russia and Donald Trump’s campaign.
“It is critical that special counsels have the independence and resources they need to lead investigations,” Tillis said in a statement. “A back-end judicial review process to prevent unmerited removals of special counsels not only helps to ensure their investigatory independence, but also reaffirms our nation’s system of check and balances.”
Mueller was appointed as special counsel following Trump’s abrupt firing of FBI Director James Comey. Mueller, who was Comey’s predecessor as FBI director, has assembled a team of prosecutors and lawyers with experience in financial fraud, national security and organized crime to investigate contacts between Moscow and the Trump campaign.
Trump has been critical of Mueller since his appointment, and the president’s legal team is looking into potential conflicts surrounding the team Mueller has hired, including the backgrounds of members and political contributions by some members of his team to Hillary Clinton. He has also publicly warned Mueller that he would be out of bounds if he dug into the Trump family’s finances.
Mueller has strong support on Capitol Hill. Senators in both parties have expressed concerns that Trump may try to fire Mueller and have warned him not to do so.
“Ensuring that the special counsel cannot be removed improperly is critical to the integrity of his investigation,” Coons said.
Republican Sen. Lindsey Graham of South Carolina, another member of the judiciary panel, said last week that he was working on a similar bill that would prevent the firing of a special counsel without judicial review. Graham said then that firing Mueller “would precipitate a firestorm that would be unprecedented in proportions.”
Democratic Sen. Cory Booker of New Jersey is also working on Graham’s legislation, according to Booker’s office. Senate Judiciary Chairman Chuck Grassley, R-Iowa, has yet to signal support for either measure.
The Tillis and Coons bill would allow review after the special counsel had been dismissed. If the panel found there was no good cause for the counsel’s removal, the person would be immediately reinstated. The legislation would also codify existing Justice Department regulations that a special counsel can only be removed for misconduct, dereliction of duty, incapacity, conflict of interest or other good cause, such as a violation of departmental policies.
In addition, only the attorney general or the most senior Justice Department official in charge of the matter could fire the special counsel.
In the case of the current investigation, Rosenstein is charged with Mueller’s fate because Attorney General Jeff Sessions recused himself from all matters having to do with the Trump-Russia investigation.