Anaya Nolan
In 2017, President Donald Trump ordered Robert Mueller, the special counsel investigating Russia's influence in the 2016 election, to be fired. This raised the question of whether Trump had obstructed justice.
Mueller was investigating Russian meddling in the 2016 election, collusion between Trump's campaign and Russia, and whether Trump had obstructed justice when he allegedly asked former FBI Director James Comey to drop an investigation into former national security adviser Michael Flynn.
Trump wanted to fire Mueller for three reasons: firstly, he thought Mueller had a conflict of interest due to an argument over fees at one of his golf clubs; secondly, because Mueller worked for a law firm that once represented Jared Kushner, Trump's son-in-law; and thirdly, because Mueller was being interviewed to return as the FBI director the day before he was named special counsel in May 2017.
Trump's aides reportedly refused to carry out his commands to kill or curb Mueller's investigation. White House counsel Don McGahn, Attorney General Jeff Sessions, and Chief of Staff Reince Priebus all rebuffed Trump's efforts to remove Mueller.
Mueller's report, released in April 2019, concluded that the investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities. However, it did not exonerate Trump, stating that it does not conclude that the President committed a crime; [...] it also does not exonerate him.
Mueller testified before Congress in July 2019, answering questions about his report. He stated that Trump's written responses to questions from investigators were generally untruthful and incomplete.
Whether Trump broke the law by trying to fire Mueller is a matter of ongoing debate.
| Characteristics | Values |
|---|---|
| Did Trump break the law? | It is unclear whether Trump broke the law. Mueller's report does not conclude that Trump committed a crime, but also does not exonerate him. |
| Reason for firing Mueller | Trump wanted to fire Mueller for three reasons: firstly, he thought Mueller had a conflict of interest; secondly, because Mueller worked for a law firm that once represented Jared Kushner; and thirdly, because Mueller was being interviewed to return as the FBI director. |
| Outcome of attempted firing | Trump ordered Robert Mueller, the special counsel investigating Russia's influence in the 2018 election, to be fired, but ultimately backed down after the White House counsel said they would quit before firing Mueller. |
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What You'll Learn
Trump's attempts to fire Mueller
In June 2017, President Donald Trump ordered Robert Mueller, the special counsel investigating Russia's influence in the 2016 election, to be fired. Trump believed he had the power to fire Mueller directly, but many legal experts disagreed, citing Justice Department guidelines.
According to a report from The New York Times, Trump backed down from firing Mueller after the White House counsel said they would resign before carrying out the order. Trump's attempts to fire Mueller were motivated by three reasons: firstly, he thought Mueller had a conflict of interest due to an argument over fees at one of his golf clubs; secondly, because Mueller worked for a law firm that once represented Jared Kushner, Trump's son-in-law; and thirdly, because Mueller was being interviewed to return as the FBI director the day before he was named special counsel in May 2017.
Trump's efforts to fire Mueller were thwarted by White House counsel Don McGahn, who rebuffed the attempts and threatened to resign. Attorney General Jeff Sessions also rejected pressure to "unrecuse" himself from the investigation, and two other aides did not relay Trump's directives to Sessions to rein in the inquiry.
Mueller's report also detailed how Trump waged a bitter Twitter campaign against him and his team, and how Trump openly praised witnesses who refused to cooperate with the investigation. Trump's actions during the investigation led to speculation that he was trying to cover up criminal activity by him, his campaign, or his family.
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Trump's reasons for wanting to fire Mueller
In June 2018, President Trump ordered the firing of Robert Mueller, the special counsel investigating Russia's influence in the 2016 election. Trump gave three reasons for wanting Mueller fired:
- He thought Mueller had a conflict of interest because of an argument over fees at one of Trump's golf clubs, which resulted in Mueller resigning his membership.
- Because Mueller worked for a law firm that once represented Jared Kushner, the president's son-in-law.
- Because Mueller was being interviewed to return as the FBI director the day before he was named special counsel in May 2017.
Trump backed off from firing Mueller when his White House counsel, Don McGahn, threatened to resign. McGahn told senior White House officials that dismissing Mueller would have disastrous effects on Trump's presidency.
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Trump's obstruction of justice
In 2019, Special Counsel Robert Mueller's investigation of Russian interference in the 2016 election identified 10 instances of possible obstruction of justice by President Donald Trump. Mueller stated that he could not conclusively determine that Trump had committed a crime or that he hadn't.
Instances of possible obstruction of justice
- Pressure on Comey to end probe of Michael Flynn: Trump told then-FBI Director James Comey, "I hope you can see your way to letting this go."
- President's reaction to the continuing Russia investigation: Trump told then-White House counsel Don McGahn to stop Attorney General Jeff Sessions from recusing himself from the Russia investigation. Trump also contacted Comey and other intelligence agency leaders to ask them to push back publicly on the suggestion that he had any connection to the Russian election interference effort.
- Firing of Comey and aftermath: Mueller's report states that "substantial evidence" indicates Trump's decision to fire Comey in May 2017 was the result of the FBI director's unwillingness to say publicly that Trump was not personally under investigation. The day after Trump fired Comey, he told Russian officials that he had "faced great pressure because of Russia. That's taken off."
- Appointment of Special Counsel and efforts to remove him: Trump told advisers that Mueller's appointment was "the end of his presidency." Trump told aides that Mueller had conflicts of interest and should be removed. Following media reports that Mueller was investigating whether the president had obstructed justice, Trump called McGahn at home and directed him to have Mueller removed. McGahn refused.
- Further efforts to curtail the Special Counsel's investigation: Trump instructed former campaign manager Corey Lewandowski to have Sessions announce that, despite his recusal from the Russia investigation, the investigation was "very unfair" to the president, and that Sessions planned to meet with Mueller to limit the investigation to future election meddling.
- Efforts to prevent public disclosure of evidence: In the summer of 2017, Trump learned that the media planned to report on the June 2016 meeting at Trump Tower between senior campaign officials and Russians offering derogatory information about Hillary Clinton. The president directed aides not to publicly disclose the emails setting up the meeting. Before the emails became public, Trump also edited a press statement for Donald Trump Jr. by deleting a line acknowledging that the meeting was "with an individual who (Trump Jr.) was told might have information helpful to the campaign."
- Additional efforts to have Sessions take control of the investigation: Between July 2017 and December 2017, Trump tried to get Sessions to declare that he was no longer recused from the Russia investigation and would assert control over it. There is evidence that one purpose of asking Sessions to step in was so that the attorney general would restrict the investigation's scope.
- Trump orders White House counsel to deny that the president tried to fire Mueller: In February 2018, Trump told McGahn to "correct" a New York Times story that reported Trump had earlier instructed McGahn to fire Mueller. Trump also asked why McGahn had told Mueller's investigators about the directive to remove Mueller. McGahn told Trump he had to tell the investigators the truth.
- Trump's actions toward Flynn, Manafort, and other possible witnesses: Mueller looked at whether Trump's sympathetic messages to Flynn, former campaign manager Paul Manafort, and others were intended to limit their cooperation with Mueller's investigation. When Flynn began cooperating with prosecutors, Trump passed word through his lawyer that he still had warm feelings for Flynn and asked for a "heads up" if Flynn knew of information implicating Trump. Trump praised Manafort during and after his criminal convictions and refused to rule out a pardon for his former campaign chairman.
- Trump's actions toward Michael Cohen: Mueller noted that Trump's conduct toward Cohen, a former Trump Organization executive, changed from praise to castigation after Cohen began cooperating with prosecutors. The evidence could "support an inference that the president used inducements in the form of positive messages in an effort to get Cohen not to cooperate, and then turned to attacks and intimidation to deter" cooperation and undermine Cohen's credibility, Mueller wrote.
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The legality of Trump firing Mueller
In June 2017, President Donald Trump ordered Robert Mueller, the special counsel investigating Russia's influence in the 2016 election, to be fired. This raised the question of whether Trump had obstructed justice.
The Case for Legality
According to some legal experts and the White House, Trump had the power to fire Mueller. Under this view, Trump could have dismissed Mueller directly or instructed Deputy Attorney General Rod Rosenstein, who was overseeing the federal probe, to do it. Trump's press secretary, Sarah Huckabee Sanders, stated that Trump "certainly believes he has the power" and that he had been advised that he "certainly has the power to make that decision". Sanders also suggested that Trump could have fired Rosenstein and Attorney General Jeff Sessions, who had recused himself from the Russia probe, or got them to repeal the Department of Justice (DOJ) regulations that gave the power to dismiss the special counsel to Rosenstein.
The Case Against Legality
Other legal experts contended that Trump could not fire Mueller directly because of DOJ regulations adopted in 1999, which gave the power to dismiss the special counsel to Rosenstein. Under this interpretation, Trump would have had to persuade Rosenstein to fire Mueller, or get Sessions or Rosenstein to repeal the regulations. If both men refused, he might have had to fire them and perhaps other DOJ officials before he could oust Mueller.
Ultimately, the question of the legality of Trump firing Mueller is complex and subject to differing legal interpretations. While there are arguments that Trump had the power to fire Mueller, there are also arguments that doing so would have required him to take additional steps, such as persuading or firing Rosenstein or Sessions.
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The consequences of Trump firing Mueller
Firstly, Trump's firing of Mueller would have been a direct attack on the integrity of the presidency and the rule of law. It would have sent a clear signal that the president is above the law and can act with impunity, undermining the very foundations of American democracy.
Secondly, it would likely have triggered a constitutional crisis and a wave of public outrage. The public's trust in the president and the government would have been severely eroded, leading to widespread protests and civil unrest.
Thirdly, Trump's firing of Mueller could have led to impeachment proceedings. Congress would have viewed this as a blatant obstruction of justice and an abuse of power, and they would have had strong bipartisan support to initiate impeachment.
Fourthly, it is likely that key figures in the Trump administration, such as White House Counsel Don McGahn, Attorney General Jeff Sessions, and Chief of Staff Reince Priebus, would have resigned in protest. This would have caused further instability and weakened Trump's position.
Finally, firing Mueller would not have stopped the investigation into Russian interference in the 2016 election and possible collusion with the Trump campaign. The investigation had already gathered extensive evidence and involved multiple witnesses and federal agencies. Firing Mueller would only have delayed the inevitable and likely prompted other agencies to continue the investigation.
In conclusion, Trump's firing of Mueller would have had far-reaching consequences, damaging the presidency, eroding public trust, triggering a constitutional crisis, and ultimately failing to stop the investigation.
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Frequently asked questions
Yes, Trump tried to fire Robert Mueller, the special counsel investigating Russia's influence in the 2016 election.
Trump wanted to fire Mueller for three reasons: firstly, he thought Mueller had a conflict of interest because of an argument over fees at one of Trump's golf clubs; secondly, because Mueller worked for a law firm that once represented Jared Kushner, Trump's son-in-law; and thirdly, because Mueller was being interviewed to return as the FBI director the day before he was named special counsel in May 2017.
It is unclear whether Trump broke the law by trying to fire Mueller. Mueller's report on the investigation concluded that "the President's efforts to remove the Special Counsel" and "the President's efforts to curtail the Special Counsel investigation" were potential instances of obstruction of justice. However, Mueller did not reach a conclusion on whether Trump committed a crime, stating that "the investigation does not conclude that the President committed a crime; however, it also does not exonerate him".
Trump's attempt to fire Mueller was prevented by White House counsel Don McGahn, who threatened to resign instead.
After news of Trump's attempt to fire Mueller broke, there were calls for Trump to be impeached. However, Trump was not impeached, and he went on to serve a full term as President.
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