What Would be the Consequences if Sessions Broke His Recusal and Fired Mueller?


Andrew Kent was mentioned in a Mother Jones article about the possible impact of Attorney General Jeff Sessions breaking his recusal and firing special counsel Robert Mueller.

Should Sessions fire Mueller or intervene in the probe, the only potential recourse would be through the courts — and even that route is hazy. While internal Justice Department regulations are not laws, the Supreme Court has held that an agency must follow those rules unless the department first repeals or rewrites them, according to Andrew Kent, a judicial ethics expert at Fordham University School of Law.

Under the department’s special counsel regulations, Mueller can be fired only for “misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.” To fire him, Sessions would be required to put in writing “the specific reason for his or her removal.”

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