The rule-of-law party must unite around Mueller

The rule-of-law party must unite around Mueller
© Greg Nash

During a Monday morning interview with CNN’s Chris Cuomo, White House counselor Kellyanne ConwayKellyanne Elizabeth ConwayThe Memo: Kavanaugh firestorm consumes political world Conway: Kavanaugh accuser 'should not be ignored’ George Conway rips Trump over tweet about Obama's '57 states' gaffe MORE repeatedly declined to indicate whether or not Deputy Attorney General Rod Rosenstein would be safe from termination. Her deflection is the latest in a series of half-answers as to whether those involved in the investigation into Russian meddling in the 2016 election will be able to see their investigation though.   

It's unclear whether special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE’s investigation will ultimately imperil the Trump presidency. But it's clear that firing him — or Rosenstein — would. 

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To maintain the rule of law, protect the party, and even protect the president himself, Republicans must form a moat around Mueller to protect his investigation from presidential meddling. 

 

President TrumpDonald John TrumpTrump: I hope voters pay attention to Dem tactics amid Kavanaugh fight South Korea leader: North Korea agrees to take steps toward denuclearization Graham calls handling of Kavanaugh allegations 'a drive-by shooting' MORE's initial reaction to the raid last week on the office, home, and hotel room of his lawyer Michael Cohen brought renewed fears that he would try to fire Mueller or Rosenstein. , who supervises Mueller. Trump called the judge-sanctioned intrusion a "disgrace," a "pure and simple witch hunt," and asserted that "many people have said" he should fire Mueller. The New York Times also reported last week that Trump had sought to fire Mueller in December.

By week's end Trump's tone had moderated and it sounded as if he might be willing to let the investigation into possible Russian collusion in the 2016 election run its course. He tweeted, "I have agreed with the historically cooperative, disciplined approach that we have engaged in with Robert Mueller..." 

But given Trump's mercurial nature and his deep hostility to the investigation, his cooperation may only last until the next development that angers him. Or he could spare Mueller a direct firing and take a slightly longer route through Rosenstein or Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsSessions: DOJ concerned about suppression of free speech on college campuses Faith communities are mobilizing against Trump’s family separation policy Former FBI Deputy Director Andrew McCabe lands book deal MORE.

But let's be clear: Firing Mueller, Rosenstein or Sessions would be a fundamental blow to the rule of law in the United States. It would resemble what happens in developing countries that lack checks and balances on executive power, and where leaders can depose those who threaten them. 

Trump should learn a lesson from President Richard Nixon, who in 1973 fired Archibald Cox, the special prosecutor investigating Watergate, in an attempt to curb or end that investigation. Instead, that move marked the beginning of the end of Nixon's presidency. An assault on the Mueller investigation would have the same disastrous outcome for Trump. 

Well-regarded lawyers from both parties have argued that firing Mueller would cause a constitutional crisis. Republicans, who have built a well-deserved reputation as the rule of law party, should lead in preserving the integrity of this independent investigation.

Beyond legal and constitutional considerations, it's in the political self-interest of Republicans to protect the special counsel’s investigation. Democratic enthusiasm is already at a record high, and Democrats are already outpolling Republicans in primary elections by 7 percentage points. A Quinnipiac poll released last week finds massive public opposition to firing Mueller — and that even Republicans oppose firing Mueller by more than a two-to-one margin. If Trump goes down that path, a standard first term congressional swing election would likely be transformed into a Democratic landslide. 

By protecting the Mueller investigation, Republicans are also protecting Trump from himself. While firing Mueller may please the Bannon base, it would erode Trump's support among thoughtful conservatives and independents he courted with his economic policies and judicial appointments.

Republicans can avoid these consequences by issuing explicit warnings that firing Mueller or Rosenstein would mean the immediate loss of their support. They should follow the lead of Sens. Chuck GrassleyCharles (Chuck) Ernest GrassleyTrump: I hope voters pay attention to Dem tactics amid Kavanaugh fight Grassley: No reason to delay Kavanaugh hearing Dem senators back Kavanaugh accuser's call for FBI investigation MORE (R-Iowa) and John CornynJohn CornynGOP mulls having outside counsel question Kavanaugh, Ford Blumenthal: Kavanaugh nomination should be withdrawn Cornyn takes on O'Rourke over AR-15s MORE (R-Texas) who said last week, "it would be suicide for the president to fire him," and "let Director Mueller do his job," respectively. 

For more protection, congressional Republicans should also support the special counsel Independence and Integrity Act, introduced last week by Sens. Lindsey GrahamLindsey Olin GrahamTrump: I hope voters pay attention to Dem tactics amid Kavanaugh fight Graham calls handling of Kavanaugh allegations 'a drive-by shooting' Graham knocks South Korea over summit with North MORE (R-S.C.), Thom Tills (R-N.C.), Chris CoonsChristopher (Chris) Andrew CoonsJudiciary Democrat calls for additional witnesses to testify on Kavanaugh Kavanaugh allegations could be monster storm brewing for midterm elections      Sunday shows preview: White House officials on offensive in wake of anonymous NY Times op-ed MORE (D-Del.), and Cory BookerCory Anthony BookerSenate Dems sue Archives to try to force release of Kavanaugh documents Judd Gregg: The collapse of the Senate Dems engage in last-ditch effort to block Kavanaugh MORE (D-N.J.). This legislation would stipulate Mueller's firing could only come at the hands of a senior Justice Department official and only for "good cause." 

For the sake of their enlightened self-interest and the country's well-being, it's time for Republicans to step up and unequivocally say: We are committed to the rule of law. Let the Mueller investigation, like every other duly constituted law enforcement action, run its course. 

Sarah Longwell is a director at Republicans for The Rule of Law and national chairman of the Log Cabin Republicans.