Because he’s going to do it, and that’s going to be the end of the Mueller investigation, unless there’s some way to stop him.
So herewith, my paltry few ideas for stopping Saturday Night Massacre the Sequel: This Time It Works. And a plea: you guys got any other ideas?
If anyone doubts that the Nunes Show was all about firing Rosenstein and thereby killing the investigation, I will lay out my two cents at the end of this piece. And again, invite anyone to tell me where I’m wrong—I would sure appreciate some reason to hope.
So, what can be done when Trump fires Rosenstein?
Is there a legal case to be made?
We got three branches of government. Once Rosenstein is out, Trump will have completed purging the one part of the Executive Branch that is supposed to be independent of the White House. Congress, we know what side they’re on. That leaves the Judiciary, not yet packed with RWNJs.
Is there a legal case to be made?
First, I’m not buying for a second that it is legal for Trump to fire Rosenstein. No more than it was legal for him to fire Comey. That is obstruction of justice and abuse of power. It doesn’t matter that the president has the authority or the power. It’s illegal to abuse those powers, to use them for a criminal purpose. The best example is the power to pardon. On its face, it’s an unfettered power. But you can’t pardon someone in exchange for a bribe. More than one corrupt governor has established this legal principle.
So firing Rosenstein is a criminal act. Can it be enjoined? Overturned? Who would bring such a lawsuit, who has standing? Mueller perhaps—but Mueller is not independent, he must get approval for all important actions in his probe. You and me?
Which way would Kennedy rule? Roberts? If only Gorsuch could be forced to recuse. I’m sure Trump interviewed him—can he be asked under oath if the subject of loyalty came up in conversation?
A court victory would be best, that’s the only body with actual power. (Tho one can speculate endlessly what happens if Trump defies a court order. He already blew off a law passed by almost 100% of Congress.) Failing redress in the courts, what else do we have?
Can a public outcry do anything?
Second avenue, there’s the press and public opinion. If enough people march, enough of the Fourth Estate rears up on its hind legs to scream bloody murder, leaving only Fox, Rush and Dershowitz defending, does that get us anywhere?
Well of course, Trump won’t give a rat’s ass. Even if he did give a rat’s ass, he’s a cornered rat, to mix rodent metaphors. There’s nothing he won’t do to save his ass, to mix rectal metaphors. Marches in the street, mean questions from the press, ain’t gonna faze him.
But maybe public outcry will faze Congressional Rs. If it’s serious and determined enough, if it looks like brazen obstruction of justice could swing the House, even the Senate, might we have a modern-day visit to the White House by Goldwater, telling the president he has to give it up, make a deal and leave town?
What about the threat of public disclosure?
I’m sure Mueller has the goods on Trump & Co., and more than obstruction of justice. I may post a piece with those thoughts someday, but the short version is: Follow the Flynn. Could someone whisper in Trump’s ear that he might be able to stop the investigation, but the case—all your dirt--will be revealed to the public—now, do you want to make a deal?
How about state criminal prosecution?
Then there’s the potential leverage of state AG prosecution—again, with the hoped-for endgame of, let’s make a deal, Mr. President.
While I don’t doubt Trump & Co committed state crimes, the fear I have is that the statute of limitations has passed on them. Can someone help me out here?
If the Dems take the House?
And finally, there’s the power that comes if the Dems take the House this fall. (I’m not hopeful about the Senate.) They can open their own investigation, of course, and hire Mueller’s team back. They can impeach. There’s no way the Senate will convict, but the impeachment will force a public trial in the Senate, which will be some satisfaction. And especially if the investigation leads to other Rs—now we’re talking. Now there’s leverage.
Why it’s a lead pipe cinch that Trump will fire Rosenstein, and that will end TrumpRussia
Remember how we liberals all laughed and laughed when the Nunes memo came out? That nothingburger? That whole megilla, it was going to bring the entire TrumpRussia thing crashing down, all over a FISA warrant on coffee boy Carter Page?
Yes, absolutely, the entire TrumpRussia thing comes crashing down, all over a FISA warrant on Carter Page.
That was no fumbled shot in the dark. Nunes looked for something to use against Rosenstein, that was the entire mission. Rosenstein signed the warrant, that was the opening they were looking for.
I trust, no need to explain that the flimsiness of this pretext matters not at all.
I knew this was what the Nunes memo was about, but when Rachel confirmed it last Friday, with the news that the last person with integrity in the line of succession had just resigned, seeing herself no match against the forces arrayed to save the president’s ass—well. I was sick. I knew it would happen, but damn, there it was: in motion, happening.
And of course, that kills TrumpRussia dead. The guy who will take charge, to whom Mueller must report and whose approval Mueller needs to take any significant action, is reportedly not just a Trump loyalist, but a true believer in the divine right of RW dictators. (Sorry I couldn’t find the link quickly, if I do, I’ll post in comments.)
Hell, I promise you this: With the new Deputy AG in charge, TrumpRussia will end, not with a bang, but with a letter exonerating Trump.
Please, anyone who can talk me down, I would love to have some hope.