Cruz raises constitutional concerns over legislation to protect Mueller

Cruz raises constitutional concerns over legislation to protect Mueller
© Greg Nash

Sen. Ted CruzRafael (Ted) Edward CruzO'Rourke to give commencement address at Texas's oldest black college Cornyn campaign, Patton Oswalt trade jabs over comedian's support for Senate candidate MJ Hegar announces Texas Senate bid MORE (R-Texas) said Sunday that he doesn't think Congress should pass legislation protecting special counsel Robert MuellerRobert (Bob) Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE and his investigation into Russia's election interference.

Cruz said during an interview on CBS's "Face the Nation" that he believes such legislation would be unconstitutional. 

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"We had a bill come through the Judiciary Committee that tried to make it impossible for a special counsel to be removed. I believe that legislation was unconstitutional," he said.

Democrats in recent days have renewed their calls for Congress to protect Mueller from being fired in wake of President TrumpDonald John TrumpForget the spin: Five unrefuted Mueller Report revelations Lara Trump: Merkel admitting migrants 'one of the worst things that ever happened to Germany' Financial satisfaction hits record high: survey MORE forcing the resignation of Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsForget the spin: Five unrefuted Mueller Report revelations Sessions: It's time to accept the results of the Mueller report and move on Trump poised to roll back transgender health protections MORE and appointing a replacement who has previously criticized Mueller's investigation.

Matthew Whitaker, the acting attorney general, previously said the Mueller investigation had "gone too far" and once suggested slashing funding for the investigation. In his role as acting attorney general, he now oversees that investigation.

Rep. Jerrold Nadler (N.Y.), the top Democrat on the House Judiciary Committee, said last week that Democrats might insist that protections for Mueller be included in the next government spending bill. 

“We can urge — and we will — that the bill I introduced that would protect the independence of the special counsel, saying he can only be dismissed for [due] cause ... We can insist that that be a condition of passage of the remaining legislation to fund the government,” Nadler said on CNN.