Jed Shugerman was quoted in a Newsweek article about what might happen if President Trump fires special counsel Robert Mueller.
Douglas Kmiec, a Pepperdine University professor of constitutional law, is arguing that the president could quickly put an end to the investigation haunting his administration by doing away with Mueller, who he says skirted the proper channels to be hired in the first place.
“Everyone is focused on can he [Donald Trump] fire Mueller,” Kmiec told Newsweek. “You don’t have to fire someone who wasn’t properly appointed in the first place.”
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One legal expert says Kmiec’s argument is flawed.
“The idea of Mueller is unconstitutional is preposterous,” said Neal Katyal, a professor of national security law at Georgetown University. “I can’t imagine such an argument flying in the courts.”
Trump tweeted about the special counsel’s investigation on Sunday, calling it a witch hunt and saying there is no evidence of his campaign colluding with Russia.
Trump’s hasty firing of Comey have some speculating that Mueller’s time could be up as well.
“President Trump has acted in a conditionally reckless manner before,” Katyal said. “Anything is possible when it comes to him. Firing Mueller would create a constitutional crisis.”
Many Americans plan to march in the streets if Trump fires Mueller, a popular former FBI director. Republicans have called for Mueller’s resignation due to his friendship with Comey, his FBI successor. But if Trump fires Mueller, it could lead to his impeachment, said Jed Shugerman, a professor at Fordham University Law School.
“And we should all be thinking about what the appropriate legal steps would be, starting with impeachment [and]including ultimately an indictment for the obstruction of justice,” Shugerman said.