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 CruzEl Chapo's lawyer fires back at Cruz: 'Ludicrous' to suggest drug lord will pay for wall Democrats have a chance of beating Trump with Julian Castro on the 2020 ticket Poll shows competitive matchup if O’Rourke ran for Senate again MORE (R-Texas) said Sunday that he doesn't think Congress should pass legislation protecting special counsel Robert MuellerRobert 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 TrumpMcCabe says he was fired because he 'opened a case against' Trump McCabe: Trump said 'I don't care, I believe Putin' when confronted with US intel on North Korea McCabe: Trump talked to me about his election victory during 'bizarre' job interview MORE forcing the resignation of Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsMcCabe says he was fired because he 'opened a case against' Trump The Hill's Morning Report — Presented by the American Academy of HIV Medicine — Trump, Congress prepare for new border wall fight The Memo: Trump and McCabe go to war 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.