what happens to mueller if trump fires deputy attorney

What happens if Mueller is fired from the Justice Department?

There are currently multiple open investigations at the Justice Department. The FBI has collected evidence and has written reports summarizing interviews with witnesses. There are pending indictments of a number of individuals. If Mueller is fired, those investigations don’t close themselves.

What happens to Paul Manafort’s case if Mueller is fired?

If Mueller is fired, the deputy attorney general can transfer Manafort’s and any other pending cases to other lawyers within the Justice Department.

Who is special counsel Robert Mueller and what is he investigating?

A grand jury has been impaneled by special counsel Robert Mueller in the investigation into Russian interference in the 2016 presidential election. What happens if President Donald Trump fires Robert Mueller?

What did Mueller do in the Michael Cohen case?

First, Mueller and Rosenstein referred the Michael Cohen case to the US attorney for the Southern District of New York, a separate set of permanent prosecutors. Second, Mueller was reportedly coordinating with New York Attorney General Eric Schneiderman.

Clock ticking for Trump?

As speculation that Trump would seek Mueller’s dismissal intensified in the halls of Congress and elsewhere this week, the motive behind the President’s new attacks on the special counsel – he called the Mueller investigation “an attack on our country” and repeated his “WITCH HUNT” claims on Twitter – are unknown.

What about Manafort and other cases?

Since taking over from Comey last year, Mueller has charged 19 people, most significantly 13 Russians for their use of social media during the campaign, former Trump national security adviser Michael Flynn and Trump campaign chairman Paul Manafort.

What happens if Mueller is fired?

Legally, the Department of Justice can continue the investigation, but if the president fires Mueller, it is very likely he will order the Department of Justice to shut down the investigation.

What would happen if Trump removed Mueller?

Even if Trump is able to remove Mueller, he can’t just make the entire Mueller investigation go away. First, there would be the matter of the cases that have already been indicted and are already pending. Even if Mueller’s entire team were dismissed, the Department of Justice would still have to decide what to do with these prosecutions. The political costs of abandoning these cases (through a pardon or other means) would be enormous.

Why is the Mueller investigation going on?

First, because there are pending indictments. If Mueller is fired, the deputy attorney general can transfer Manafort’s and any other pending cases to other lawyers within the Justice Department. The president could name his own special counsel, but that’s what President Nixon did when he fired Archibald Cox, and the result was a new special counsel who was equally independent, so that’s not a way out either.

Can Trump fire Mueller?

Trump can’t fire Mueller directly — he needs Rosenstein to do it for him. So getting rid of Mueller would involve replacing either Rosenstein or Attorney General Jeff Sessions. At that point, the fate of the investigation would depend entirely on who is in charge of supervising the investigation and whether they want it to continue or not.

Is there an open investigation at the Justice Department?

There are currently multiple open investigations at the Justice Department. The FBI has collected evidence and has written reports summarizing interviews with witnesses. There are pending indictments of a number of individuals.

Why is Mr. Trump angry at Mr. Rosenstein?

Rosenstein was not part of Mr. Trump’s inner circle before Attorney General Jeff Sessions persuaded the president to designate him as deputy.

What about state prosecutors?

Mueller was teaming up with New York’s attorney general, Eric T. Schneiderman, and sharing evidence about Mr. Manafort. Mr. Schneiderman can pursue financial and other offenses that are crimes under state law, and Mr. Trump cannot pardon state offenses.

Could a successor to Mr. Rosenstein shut down the cases?

Yes — the federal ones. Federal statutes give the attorney general authority over federal legal proceedings and the power to direct the actions of special counsels and United States attorneys, including the authority to decide not to pursue a matter for reasons like prosecutorial discretion.

Could Mr. Trump instead install someone like Scott Pruitt?

Under the Vacancies Reform Act, when a Senate-confirmed official “dies, resigns, or is otherwise unable to perform the functions and duties of the office,” the president can temporarily replace him with another Senate-confirmed executive branch official. In recent months, there has been repeated discussion of a scenario in which Mr. Trump fires Mr. Sessions and then installs a handpicked loyalist from outside the department and who is not recused from the Russia investigation, like Scott Pruitt, the Environmental Protection Agency administrator. But because of the bar on “double acting” officials, installing someone like Mr. Pruitt in Mr. Rosenstein’s position would not thereby also make him the acting attorney general for the Russia case.

Does firing a prosecutor end an investigation?

No. In and of itself, the removal of Mr. Rosenstein — or Mr. Mueller and Mr. Khuzami — would not stop the law enforcement officials working for them from continuing to pursue those cases.