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Senate Judiciary Committee Passes Unconstitutional “Protect Mueller” Bill

Last week in our article “The Supreme Court Already Said Trump Can Fire Mueller,” we explained, in what we thought was excruciating detail, the history of the constitutional crises that have erupted every time Congress tries to curtail the power of the President to fire executive branch employees, and how the Supreme Court seemingly settled the issue in Myers v. United States, 272 U.S. 52 (1926).

Our friend Ken Klukowski, senior legal editor for Breitbart News, went even further in his detailed treatment of the Supreme Court precedents that bear upon the Appointments Clause of Article II, Section 2 of the Chuck GrassleyConstitution, citing the numerous cases that appear to confirm the understanding that the President can fire federal executive branch employees and appointees.

Klukowski noted that two years after Myers, in the 1928 case Springer v. Philippine Islands, the Supreme Court built upon Myers, holding, “Legislative power, as distinguished from executive power, is the authority to make laws, but not to enforce them or appoint the agents charged with the duty of such enforcement.”

The constitutional rule from Myers and Springer is that Congress cannot make a law granting any executive officer the right to hold onto office once the president decides to remove him said Klukowski.

In an effort to put to bed this phony manufactured crisis of the need to “protect Special Counsel Mueller” Senate Majority Leader Mitch McConnell even took the unusual step of strapping on his backbone and saying flatly such a bill would never get to the Senate Floor.

McConnell said in a Fox News interview that he wouldn’t put the bill on the floor.

“I don’t think he should fire Mueller and I don’t think he’s going to,” the Kentucky Republican said in the interview. “So, this is a piece of legislation that isn’t necessary, in my judgment.”

Why then did the Republican Chairman of the Senate’s Judiciary Committee, the normally sensible Chuck Grassley of Iowa, hold a hearing on the bill, mark it up and join the Democrats in shooting down Mike Lee’s attempts to put the bill inside the framework of the Constitution and then pass it out of Committee?

It is unlike Grassley to provide a forum for senatorial virtue signaling and grandstanding. But this is exactly what he has done by hearing the bill and giving air to the non-issue of Trump firing Mueller because all of the usual players, including Democratic presidential hopefuls and Senate Democrats facing tough re-election campaigns, have now been given a free news hook to inveigh against Trump.

Democratic Sen. Kamala Harris, of California, said she believes "that the possibility that he (Mueller) may be fired is very real."

"His authority must not be undermined in any way, shape or form," USA Today reports she said at Thursday's meeting. "I urge my colleagues to pass (the bill) immediately."

Sen. Dianne Feinstein of California, the committee's senior Democrat, said she hopes McConnell will drop his opposition to the bill.

"I support this legislation and hope Leader McConnell will reconsider giving it floor time," she said according to the USA Today report.

Democratic Senator Amy Klobuchar, of Minnesota, noted that Grassley has said publicly that "it would be suicidal" for Trump to fire Mueller. Members of Congress from both parties have warned that it would spark a constitutional crisis.

"We have to remember that this is about the rule of law, no matter who the president is," she said darkly raising one of the Democrats’ fake news charges against Trump. "We cannot allow anyone to obstruct justice."

President Trump, for his part has made the point over and over that if he wanted to fire someone they would be gone, noting that he hasn’t fired Mueller, while correctly preserving his prerogative to do so. "And you look at the corruption at the top of the FBI, it's a disgrace. And our Justice Department, which I try and stay away from, but at some point, I won't [ignore the corruption]," said Trump.

Democratic Leader Chuck Schumer quickly grasped that straw to demand a vote on the bill. "Given President Trump's statement just this morning that he may interfere with the special counsel's investigation, it's become even more of an imperative that Leader McConnell put this bill on the Senate floor for a vote immediately. Rather than waiting for a constitutional crisis, the full Senate should act now," said Schumer.

This isn’t about protecting the integrity of an investigation that long-ago jumped the rails of its original charge to investigate the non-existent collusion between the Trump campaign and the Russians. It is merely a Democratic campaign tactic to send a message that the Senate is willing to stand up to President Trump.

Shame on Senator Grassley for playing along with this charade. We urge CHQ readers to call Senator Grassley’s office (the toll-free switchboard number is 1-866-220-0044) tell him you think the Mueller witch hunt doesn’t need protection, it needs to terminate immediately.

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