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Government,
Constitutional Law

Jun. 30, 2017

The authority to remove special counsel

Most pundits and politicians mistakenly believe if Special Counsel Robert Mueller is fired reviving the independent counsel law is a solution for continuing the Russia investigation.

Steven D. Reske

Steven has published numerous articles on constitutional law and investigations of the executive branch, including interviews with Special Prosecutor Archibald Cox and Independent Counsels Laurence Walsh and Ken Starr. Reske clerked for the U.S. Court of Appeals, worked at Faegre & Benson and Sidley & Austin, was legal editor-at-large for Minnesota Law & Politics, and an editor of The American Journal of Law & Medicine.

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Most pundits and politicians mistakenly believe if Special Counsel Robert Mueller is fired reviving the independent counsel law is a solution for continuing the Russia investigation. But, this statute simply wouldn't prevent President Donald Trump from also ordering the firing of Mueller's replacement.

In the wake of Trump's recent brinkmanship, many are lamenting "the president couldn't fire an old statutory independent counsel." In...

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