Dear Colleague on Protecting Special Counsel Robert Mueller
Protecting the Special Counsel's investigation into Russia's interference in America's elections is of the utmost importance. The President's threat to interfere with this investigation by firing Special Counsel Robert Mueller or Deputy Attorney General Rod Rosenstein must be taken extremely seriously. We are closely monitoring three possible steps that the President might take:
- The President takes no action against Mr. Mueller or Mr. Rosenstein and allows the investigation to continue.
- The President fires Mr. Mueller.
- The President fires Mr. Rosenstein.
It is important to note that firing Mr. Rosenstein is equivalent to firing Mr. Mueller; doing so would have the same impact of impeding this critical investigation.
For several months now, we have been in discussions with a wide range of non-partisan and bipartisan experts in constitutional law, including judges, lawyers and professors, about the potential for the President to interfere with the Special Counsel investigation. These leading experts are prepared to speak out in the event the President acts. The number of experts continues to grow as concern over a possible firing grows. I invite you to submit your own suggestions of legal experts who may wish to participate.
On the legislative front, there is now bicameral legislation to protect Mr. Mueller's investigation. Senate Judiciary Chairman Grassley has indicated that next week his Committee will mark-up the bipartisan bill to protect the investigation, introduced by Senators Graham, Booker, Tillis and Coons. In the House, our colleagues, Judiciary Ranking Member Jerry Nadler, Rep. Sheila Jackson Lee, and Rep. Steve Cohen, among others, have introduced an identical bill today, the Special Counsel Independence and Integrity Act (H.R. 5476). I encourage you to co-sponsor their bill.
The goal of legislation is threefold:
- Codify existing Department of Justice regulations to ensure that the Special Counsel can only be fired for good cause by a senior Justice Department official, and the reason must be provided in writing.
- Provide the Special Counsel a 10-day window in which he can seek expedited judicial review of his removal to determine whether the firing was for good cause. If the firing is ultimately determined to have violated the good-cause requirement, the removal will not take effect.
- Preservation of the staffing, documents and materials of the investigation while the matter is pending.
The President's threat of firing Mr. Mueller or Mr. Rosenstein is extremely dangerous and discouraging; it must be addressed with highest level of seriousness and purpose. What is encouraging, though, is the public's commitment to protecting the Constitution and their opposition to the President's possible interference in the Special Counsel investigation. In fact, a recent Quinnipiac poll showed that nearly 70 percent of Americans favor continuing the Special Counsel's investigation.
Events may be moving quickly on this matter and it is vital for us to stay in close touch as we work together to protect and defend our Constitution and the rule of law.
As always, thank you for your leadership and engagement.
Sincerely,
