Ethics and Democracy

Protecting Our Democracy: Tell Trump He Can’t Fire Mueller


Another saga in the Mueller investigation has unfolded: General Michael Flynn, former National Security Advisor to Trump, has reached a plea deal with the Special Counsel in which Flynn agreed to cooperate with the investigation after admitting to lying to the FBI about his conversations with Russia.

This news comes shortly after former Trump campaign chairman Paul Manafort was indicted on several charges, including conspiracy against the United States. Let that sink in: the person who managed Trump’s presidential campaign has now been charged with conspiracy against the United States. Manafort’s associate Rick Gates has also been indicted, and Trump campaign foreign policy advisor George Papadopoulos has pleaded guilty to lying to the FBI about his communications with Russia.

These developments are the latest evidence that Special Counsel Robert Mueller’s investigation continues to get closer to the truth. That means he is even more at risk of being fired by Donald Trump.

Trump is clearly becoming more unhinged as Mueller gets closer to the truth: he tweeted that he fired Flynn because he lied to the FBI, which many say amounts to a confession of obstruction of justice. Trump’s lawyer, however, claims to have written that tweet and argues that it doesn’t matter, because the President can’t obstruct justice.

That’s a stunning assertion - the President certainly can obstruct justice, and that is an impeachable offense.  That’s why Indivisible has been calling for impeachment hearings for violations already committed, including obstruction of justice—Trump fired James Comey, the man charged with investigating his political campaign’s links to Russia.

The Senate Intelligence Committee made clear on October 4 that they will not be investigating Trump’s obstruction of justice attempts - they’re looking to Mueller. It is now more crucial than ever to protect Mueller and his investigation.

WHO IS ROBERT MUELLER AND WHY DOES HE MATTER?

Robert Mueller is the special counsel appointed by Deputy Attorney General Rod Rosenstein to investigate Russia’s interference in the 2016 election. He was appointed after then FBI Director James Comey, who was leading the investigation into Russian interference, was fired by Donald Trump. After immense public pressure to insulate the investigation from political interference, Rosenstein appointed Robert Mueller to lead an independent investigation. Mueller is a Republican, respected by both sides of the aisle, who previously served as FBI director under President George W. Bush and also President Obama.

FIRING COMEY CREATED A CONSTITUTIONAL CRISIS. FIRING MUELLER WOULD BE A CRISIS TIMES TEN.

Firing Comey was obstruction of justice, pure and simple. But firing Mueller would be far worse—because the entire reason Mueller has this job is to protect the investigation from political interference. No one is above the law, especially not the President of the United States. When President Nixon in the Saturday Night Massacre demanded the firing of Archibald Cox, the special prosecutor looking into Watergate, Congress and the American people recognized that for what it was—a turning point and a crisis that would later spell the end of the Nixon presidency. Since Mueller is leading the investigation in place of someone else who was already inappropriately fired, his firing would be especially concerning.

WHAT CAN YOU DO NOW?

This investigation is ongoing, and there may very well be more developments. While it’s important to focus and continue to resist the Trump agenda simultaneously, we can also work now to protect the Mueller investigation as it unfolds. Here’s how:

  1. All Americans need to be clear that we will not stand for this. Indivisible is teaming up with a coalition of groups to host emergency rallies in the event that Mueller is fired. We hope that this terrible event will not come to pass—but if it does, we will all need to stand firm and make it clear that no one is above the law. Sign up to host or attend a rally here.
  2. Ask Congress to prevent Mueller from getting fired. It is the duty of Congress, as a separate co-equal branch of government, to guard against abuses of the Executive Branch. That’s why the framers of the Constitution created separation of powers. Our elected officials need to speak out and make clear that firing Mueller would be a red line that Trump must not cross. Senators can co-sponsor legislation to protect against a Mueller firing: S. 1735 led by Senators Graham and Booker, and S. 1741 led by Senators Coons and Tillis. Representatives in the House can co-sponsor H.R. 3771, led by Representatives Jones and Conyers.

CALL YOUR MEMBERS OF CONGRESS NOW

SAMPLE CALL SCRIPT

Caller: Hi! I’m a constituent from [part of state] I’m calling to urge [MoC] to use every tool in the toolbox to prevent Trump from firing Special Counsel Mueller. I’m concerned he may do that, launching a constitutional crisis. Will [MoC] speak out and tell the President that firing Mueller would be a red line he must not cross?

Staffer: Thank you for your call. [MoC] is monitoring the various investigations closely and is letting them run their course.

Caller: That’s good, but it’s really important for Congress to assert its power now to prevent Trump from firing Mueller. I’d like to see [MoC] issue a clear statement on this, and co-sponsor [H.R. 3771/S. 1735 or S. 1741] to show [his/her] support for protecting Mueller and the investigation.

Staffer: We’ll take a look at that legislation.

Caller: Great, I’ll be following to see if [MoC] co-sponsors and speaks out on this.