1) Trust Sessions, do nothing. Last night on Hannity, Sean was emphatic that Trump should not
fire "anyone". By "anyone", he means Rosenstein or Mueller. Hannity is afraid that
Trump would be taking the bait if he acts personally, because Congress might launch an impeachment
process. Hannity continues to harp on about the FISA warrant and FBI improprieties.
Why I don't like this:
Sessions once suggested he may quit if Trump fires Rosenstein. That is not a person on your side
in the matter. Sessions recused himself from Rosenstein's investigation. Remember, the investigation
was launched by Rosenstein because Sessions recused himself. Rosenstein hired Mueller.
So you have an AG totally incapable of fulfilling his duties. His refusal to resign without being fired,
sought by Trump last year, is inexcusable and dishonorable. Trump cannot trust Sesssions one bit.
Moreover, congressional investigations and DOJ investigation into Obama-era FBI activities are
going to take a very long time, and Mueller will continue harassing Trump and his inner circle unabated.
Under what law and whom would determine penalty is a massive headache. It is also a misapplication
of the AG's time if the AG truly intends to shut down the Russia collusion investigation, because this
Mueller investigation was launched by the DOJ by order of Rosenstein, not by Obama's FBI.
Hannity's plea to restrict Trump from using the power of his office is based in fear. It doesn't consider
the real fear that GOP congressmen in both houses would face when deciding if they are going to
vote for the impeachment of the President, simply because he acted. Do they want to risk their own jobs
and reputations to put Pence in office? Would Pence even accept it under these conditions? The fury of the
GOP electorate would be epic. It could spell the death of the party. In the end, I do not believe enough GOP congressmen would impeach the President to reach the majority. Still, if Democrats take seats it could happen, but then it is even less likely that 2/3rds of the Senate would vote to impeach him.
They are survivalists and like their cushy jobs.
2) Take Rosentein to court to force him to recuse himself or step down
Alan Dershowitz today suggested Trump should rather ask Rosenstein to recuse himself, based on
the NY Times reporting Rosenstein was thinking of wearing a wire to record Trump in an effort
to gather evidence for an invocation of the 25th Amendment, to declare Trump unfit for office.
Also, the fact that he carried out orders to fire Comey, what Dershowitz said could be inferred as
a conflict of interest.
Why I don't like this:
What if the court is convinced by Rosenstein's statement under oath (presuming he would do this)
that he never suggested the 25th or wearing a wire? What if it is argued Rosentein was only carrying
out orders to fire Comey? What if this is dragged on for months while Mueller continues unabated?
What if Rosenstein, when under oath, says he did think about it and tells the public his reasons
for believing the President may be unfit for office? It would be a political feast for his enemies and
may damage the President's character in a more serious way than the books have. Even if he admits
he said this "sarcastically" they will ask him why.
Why should the President seek out a court order to force an underling to resign when he has the
power to fire him immediately? Again, an attempt to convince Trump not to use his power, and
reinforce weakness and vulnerability.
3) Trump fires Rosenstein
Why I don't like this:
Even though Trump can fire Rosenstein directly, the ramifications are worse
than if he fires Sessions, because Sessions is recused from the Mueller investigation. Rosenstein is not.
Thus it will be argued and seen in much of the public that Trump is only acting to save his own skin
from the Mueller investigation. Desperate. Sessions may very well resign over it and many GOP Senators
will lambaste the President. It can also lead to impeachment proceedings, no differently than if he
fires Sessions, even worse.. because Sessions is incapable of fulfilling his duties, and Trump can say so,
but with Rosenstein, he cannot say this. It may also lead to another investigation or court battle as it
can plausibly be regarded as obstruction of justice.
4) Trump fires Sessions
Why I like this:
Trump should have fired Sessions in 2017 when Sessions recused himself. It made him
unable to fulfill his duties. Unfortunately, he did not, but it is still his best option. If he fires Sessions, the
whole chain breaks down. Noel Francisco is acting AG. If Francisco doesn't fire Rosenstein, he is in turn fired
until an underling who will fire Rosenstein is landed on. Rosenstein is fired, the investigation is shut down.
Additionally, Trump doesn't have to appoint Francisco or anyone else not of his choosing. He can apply
the Federal Vacancies Reform Act of 1998 which allows him to appoint his own choice from scores of
already-Senate-confirmed Federal employees. There are many possibiilties and he will get the person
he wants and trusts. https://www.gsa.gov/governmentwide-initi...ct-of-1998
Mueller was crafty and his findings are being stored not in the DOJ but with US district courts. Still, that
is ok because without an order to launch another investigation and without Mueller able to continue
gathering evidence and accusations (such as Cohen), it is finally ended. Trump's acting AG
can reposition those documents back to the DOJ as they truly are DOJ property. Senate will be
hard-pressed or suicidal to obtain enough GOP backstabbers to reach a 2/3rd majority.
Chief Justice Roberts, directing proceedings and Pence would likely back the President because he acted
well within his Constitutional authority and had reasons to fire Sessions. This is all assuming the House
already cleared majority to impeach, not a given.
The main reasons why I believe Trump cannot allow everything to just happen without taking
action are that 1) it is wrong 2) He himself and his entire circle will be harassed, indicted, investigated,
and pressed to turn against him by Mueller straight up to 2020 and perhaps even after that into a second term.
3) Trump is unable to conduct diplomacy and law as he sees fit in regards to Russia, Ukraine, and all that overlaps
because of this. Sooner or later he will realize, is he President or is he subject to the whims of Congress and
the agencies? Does he want to live like this? Mueller has already gone beyond parameters, nothing will stop him
from going where he pleases. Only the President can stop them. So do it. Shove it back in Congress and let
them pay the price for all this. It's worth it.
fire "anyone". By "anyone", he means Rosenstein or Mueller. Hannity is afraid that
Trump would be taking the bait if he acts personally, because Congress might launch an impeachment
process. Hannity continues to harp on about the FISA warrant and FBI improprieties.
Why I don't like this:
Sessions once suggested he may quit if Trump fires Rosenstein. That is not a person on your side
in the matter. Sessions recused himself from Rosenstein's investigation. Remember, the investigation
was launched by Rosenstein because Sessions recused himself. Rosenstein hired Mueller.
So you have an AG totally incapable of fulfilling his duties. His refusal to resign without being fired,
sought by Trump last year, is inexcusable and dishonorable. Trump cannot trust Sesssions one bit.
Moreover, congressional investigations and DOJ investigation into Obama-era FBI activities are
going to take a very long time, and Mueller will continue harassing Trump and his inner circle unabated.
Under what law and whom would determine penalty is a massive headache. It is also a misapplication
of the AG's time if the AG truly intends to shut down the Russia collusion investigation, because this
Mueller investigation was launched by the DOJ by order of Rosenstein, not by Obama's FBI.
Hannity's plea to restrict Trump from using the power of his office is based in fear. It doesn't consider
the real fear that GOP congressmen in both houses would face when deciding if they are going to
vote for the impeachment of the President, simply because he acted. Do they want to risk their own jobs
and reputations to put Pence in office? Would Pence even accept it under these conditions? The fury of the
GOP electorate would be epic. It could spell the death of the party. In the end, I do not believe enough GOP congressmen would impeach the President to reach the majority. Still, if Democrats take seats it could happen, but then it is even less likely that 2/3rds of the Senate would vote to impeach him.
They are survivalists and like their cushy jobs.
2) Take Rosentein to court to force him to recuse himself or step down
Alan Dershowitz today suggested Trump should rather ask Rosenstein to recuse himself, based on
the NY Times reporting Rosenstein was thinking of wearing a wire to record Trump in an effort
to gather evidence for an invocation of the 25th Amendment, to declare Trump unfit for office.
Also, the fact that he carried out orders to fire Comey, what Dershowitz said could be inferred as
a conflict of interest.
Why I don't like this:
What if the court is convinced by Rosenstein's statement under oath (presuming he would do this)
that he never suggested the 25th or wearing a wire? What if it is argued Rosentein was only carrying
out orders to fire Comey? What if this is dragged on for months while Mueller continues unabated?
What if Rosenstein, when under oath, says he did think about it and tells the public his reasons
for believing the President may be unfit for office? It would be a political feast for his enemies and
may damage the President's character in a more serious way than the books have. Even if he admits
he said this "sarcastically" they will ask him why.
Why should the President seek out a court order to force an underling to resign when he has the
power to fire him immediately? Again, an attempt to convince Trump not to use his power, and
reinforce weakness and vulnerability.
3) Trump fires Rosenstein
Why I don't like this:
Even though Trump can fire Rosenstein directly, the ramifications are worse
than if he fires Sessions, because Sessions is recused from the Mueller investigation. Rosenstein is not.
Thus it will be argued and seen in much of the public that Trump is only acting to save his own skin
from the Mueller investigation. Desperate. Sessions may very well resign over it and many GOP Senators
will lambaste the President. It can also lead to impeachment proceedings, no differently than if he
fires Sessions, even worse.. because Sessions is incapable of fulfilling his duties, and Trump can say so,
but with Rosenstein, he cannot say this. It may also lead to another investigation or court battle as it
can plausibly be regarded as obstruction of justice.
4) Trump fires Sessions
Why I like this:
Trump should have fired Sessions in 2017 when Sessions recused himself. It made him
unable to fulfill his duties. Unfortunately, he did not, but it is still his best option. If he fires Sessions, the
whole chain breaks down. Noel Francisco is acting AG. If Francisco doesn't fire Rosenstein, he is in turn fired
until an underling who will fire Rosenstein is landed on. Rosenstein is fired, the investigation is shut down.
Additionally, Trump doesn't have to appoint Francisco or anyone else not of his choosing. He can apply
the Federal Vacancies Reform Act of 1998 which allows him to appoint his own choice from scores of
already-Senate-confirmed Federal employees. There are many possibiilties and he will get the person
he wants and trusts. https://www.gsa.gov/governmentwide-initi...ct-of-1998
Mueller was crafty and his findings are being stored not in the DOJ but with US district courts. Still, that
is ok because without an order to launch another investigation and without Mueller able to continue
gathering evidence and accusations (such as Cohen), it is finally ended. Trump's acting AG
can reposition those documents back to the DOJ as they truly are DOJ property. Senate will be
hard-pressed or suicidal to obtain enough GOP backstabbers to reach a 2/3rd majority.
Chief Justice Roberts, directing proceedings and Pence would likely back the President because he acted
well within his Constitutional authority and had reasons to fire Sessions. This is all assuming the House
already cleared majority to impeach, not a given.
The main reasons why I believe Trump cannot allow everything to just happen without taking
action are that 1) it is wrong 2) He himself and his entire circle will be harassed, indicted, investigated,
and pressed to turn against him by Mueller straight up to 2020 and perhaps even after that into a second term.
3) Trump is unable to conduct diplomacy and law as he sees fit in regards to Russia, Ukraine, and all that overlaps
because of this. Sooner or later he will realize, is he President or is he subject to the whims of Congress and
the agencies? Does he want to live like this? Mueller has already gone beyond parameters, nothing will stop him
from going where he pleases. Only the President can stop them. So do it. Shove it back in Congress and let
them pay the price for all this. It's worth it.