Republicans Claim Bill Protecting Mueller Is Unconstitutional. A Constitutional Scholar Explains Why They’re Wrong.


Visiting Professor Corey Brettschneider wrote an op-ed for NBC News regarding The Special Counsel and Integrity Act, a bill that would protect special counsel Robert Mueller and the Trump-Russia investigation.

Mere hours after Democrats retook the House, President Donald Trump announced the resignation of Attorney General Jeff Sessions and the appointment of Matthew Whitaker as the acting attorney general. Whitaker, formerly the Department of Justice’s chief of staff, has expressed skepticism about special prosecutor Robert Mueller’s probe, leading to renewed concerns that Mueller’s job is in jeopardy.


Given the available information, these concerns seem justified. But there is a solution: The Senate urgently needs to pass a bipartisan bill that cleared the Senate Judiciary Committee in April. The bill, The Special Counsel and Integrity Act, would protect Mueller and his vital investigation from executive meddling.


Republican opponents of the bill suggest it might be unconstitutional. That is mistaken.

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