Thursday, April 26, 2018

Trump's Personally Firing Mueller might be Unconstitutional

    Utah's senators, Orrin Hatch and Mike Lee, oppose the bill prohibiting President Trump from firing Special Counsel Robert Mueller, saying the measure is unnecessary and unconstitutional.
   I would agree it is unnecessary, but I wonder how they have concluded it is unconstitutional. I would guess there must be something in the Constitution that prompts their concern.
   Still, I wonder if Hatch and Lee could be dead wrong. I'm a little lost as to why they say it is unconstitutional, as what I'm reading in the Constitution suggests just the opposite. 
   Says the Constitution, "(T)he Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
   Isn't that saying Congress can give the president, the courts, and the heads of departments the authority to make appointments? If Congress can give such authority, surely it has the power to prohibit the president from firing someone.
   Indeed, rather than a law prohibiting Trump from firing Mueller being unconstitutional, it appears Trump's firing Mueller might be unconstitutional. Mueller was appointed by the Justice Department, which appears to be following the Constitutional way of being appointed. So, if Trump personally fires Mueller, instead of going through the Justice Department to do so, it seems that might be unconstitutional. 

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