Most Ohio lawmakers on Capitol Hill — including Sen. Rob Portman, R-Ohio, and Rep. Mike Turner, R-Dayton — say it would be a mistake for President Donald Trump to fire Special Counsel Robert Mueller, though taking action to block the president from doing so has more opposition among local Republicans.
“We need to let Special Counsel Mueller’s investigation go forward,” said Turner, R-Dayton. “He is looking at important questions: what was the activity that was undertaken by Russia, how do we stop it in the future, and what actions may have been undertaken by Russia with the presidential campaigns?”
Emily Benavides, a Portman spokeswoman, said U.S. Deputy Attorney General Rod Rosenstein “has already stated that only he can fire the special counsel and he believes there is no cause to do so. Rob has said numerous times that it would be a big mistake to head down this path.”
Portman, however, is not certain a bill to protect Mueller is constitutional. In an interview last week on CNN, Portman said “the president has the constitutional right to be able to hire and fire people who work for him. As my lawyers have looked at the legislation … they believe it is not consistent with that constitutional right.”
Rep. Jim Jordan, R-Urbana, said Trump “has the right” to fire Mueller but added the president has “been very clear he’s not going to do it. I don’t know how many times he has to say it.”
Calls by some conservatives to fire Mueller intensified after an April raid on the home and offices of Trump attorney Michael Cohen. Although the raid was conducted by the U.S. Attorney’s Office for the Southern District of New York, and not Mueller’s office, some see it as an example of the special counsel expanding the probe beyond its original purpose.
Sen. Sherrod Brown, D-Ohio, said Trump is to blame for how long the investigation is taking. “I just wish the president would put everything on the table, would quit stonewalling, tell us everything and get this investigation done with,” Brown said. “It’s gone and on and on because the president continues to call people names and continues to tweet that there’s nothing there and then things are found.”
Rep. Warren Davidson, R-Troy, has expressed concerns about the Mueller probe, but agreed it would not be “advisable” to fire him. But Davidson said he would probably vote against a bill protecting Mueller from firing, preferring instead a measure questioning the amount of money the Justice Department is spending on the probe.
“We’re OK with you launching an investigation. We support letting Justice have its blindfold on and restoring credibility to the Department of Justice. But we are concerned the actions of the special investigator are working at odds with that,” he said.
Mueller, a former director of the FBI, was named special counsel last spring after U.S. Attorney General Jeff Sessions recused himself from investigating potential contacts between Russian intelligence officials and Trump aides.
Because of Mueller’s investigation, federal grand juries have indicted 13 Russian nationals for trying to interfere with the 2016 campaign. In addition, Paul Manafort, who for a time managed Trump’s 2016 campaign, and Rick Gates, Trump’s deputy campaign manager, were indicted on charges of money laundering in connection with the Ukraine government
Gates, former White House National Security Adviser Michael Flynn, and former Trump campaign aide George Papadopoulos have pleaded guilty to making false statements and are cooperating with Mueller’s investigators. But no information has been made public about whether Trump’s campaign colluded with Russia to tip the election toward Trump.
Presidents have the power to fire people in the executive branch. In October of 1973, U.S. Solicitor General Robert Bork carried out President Richard Nixon’s order to dismiss Special Prosecutor Archibald Cox who was investigating the Watergate break-in.
Bork obeyed Nixon’s order after U.S. Attorney General Elliot Richardson resigned rather than fire Cox and Deputy Attorney General William Ruckelshaus was fired when he refused to dismiss Cox.
Known as the Saturday Night Massacre, Cox’s dismissal intensified calls for Nixon’s impeachment and directly led to his resignation as president in August of 1974.
Rep. Tim Ryan, D-Niles, predicted a similar outcome if Trump fired Mueller.
“Let me be perfectly clear — firing Robert Mueller or appointing a new deputy attorney general with the express purpose of stonewalling this investigation would be an egregious abuse of power, and an impeachable offense,” Ryan said.
Rep. Stive Stivers, R-Upper Arlington, said Mueller should “follow the facts wherever they may lead. I look forward to seeing the results of his investigation, and hope it reaches a conclusion soon.”
Rep. Brad Wenstrup, R-Cincinnati, a member of the House Intelligence Committee, said he would “like to see this investigation carried out fairly, thoroughly, and expeditiously.
“I look forward to the conclusion and findings of the investigation so that we can move forward with the work the American people sent us to Washington to do,” he said.