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Sun Apr 15, 2018, 08:19 PM

Without mentioning Mueller, Trump lawyers urge high court to bolster his power to fire executives

The Supreme Court is set to hear a seemingly minor case later this month on the status of administrative judges at the Securities and Exchange Commission, an issue that normally might only draw the interest of those accused of stock fraud.

(snip)

Mueller was appointed under department regulations that say the special counsel may be removed only for "misconduct, dereliction of duty, incapacity, conflict of interest or for other good cause." Under those rules, only Rosenstein currently would have the power to fire Mueller. Some lawyers argue that the regulations have the force of law and would prevent Trump from directly firing Mueller.

But (Solicitor Gen. Noel) Francisco's brief suggests the administration lawyers believe the Constitution itself authorizes the president to remove officials who wield executive power in the government. Last week White House Press Secretary Sarah Huckabee Sanders said the administration had been advised that the president has the power to fire the special counsel.

On Friday the court agreed to Francisco's request to participate in the April 23 argument so he can advocate for a ruling on the president's removal power.

http://www.latimes.com/politics/la-na-pol-court-trump-fire-20180415-story.html

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Reply Without mentioning Mueller, Trump lawyers urge high court to bolster his power to fire executives (Original post)
New Deal Democrat Apr 2018 OP
Charlie Mike Apr 2018 #1
New Deal Democrat Apr 2018 #3
turquoise Apr 2018 #2
New Deal Democrat Apr 2018 #4
turquoise Apr 2018 #5

Response to New Deal Democrat (Original post)

Sun Apr 15, 2018, 08:24 PM

1. "Some lawyers argue that the regulations have the force of law and would prevent Trump from directly

Some lawyers are apparently partisan hacks or overpaid fools.

Regulations cannot reasonably supersede the Constitution.

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Response to Charlie Mike (Reply #1)

Mon Apr 16, 2018, 11:24 AM

3. You are right, the Constitution is our ultimate law.

Where it speaks, statute laws and regulations must conform with it.

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Response to New Deal Democrat (Original post)

Mon Apr 16, 2018, 08:23 AM

2. Is firing a special counsel significantly different from firing a special prosecutor?

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Response to turquoise (Reply #2)

Mon Apr 16, 2018, 11:30 AM

4. That is a good question.

I don't know if the labels are as important as the chronology. I'm thinking different times, different rules. Too lazy to look it up right now.

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Response to New Deal Democrat (Reply #4)

Mon Apr 16, 2018, 01:09 PM

5. Thank you. It was mostly rhetorical, but I appreciate your reply.

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