Trump Can't Fire Grand Jury In Russia Investigation

What’s the story?

Rumors have circulated for months that President Trump is going to fire Special Counsel Robert Mueller, who heads the investigation into the Trump’s campaigns ties to Russia. Lawmakers on both sides of the aisle have warned that such an action would be inadvisable. Legislation has been introduced to protect Mueller.

It is within President Trump’s power to fire the special counsel. It is not, however, in his power to fire the federal grand jury that has been convened.

According to Politico, a federal grand jury is not like a trial jury. It is an "investigatory body independent of the prosecutor."

The grand jury could continue the investigation even if Mueller is removed. They could subpoena witnesses and issue findings. What they could not do is issue indictments. Those require a prosecutor’s signature.

However, if the grand jury formulated an indictment it could be signed by any federal prosecutor.

If Special Counsel Mueller is fired, it will be up to Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia, who empaneled the grand jury in the first place, to decide to disband it. President Trump has no legal authority over Judge Howell.

If Howell were to choose to allow the grand jury to continue their investigation, her decision would likely be challenged at the Supreme Court. But there is no Constitutional law, rule or statute that has established precedent for a grand jury to be disbanded by anyone other than the original judge that empaneled it.

What do you think?

Do you think Special Counsel Mueller should be fired? If he were fired, do you think the grand jury should be allowed to continue their investigation?

Tell us in the comments what you think, then use the Take Action button to tell your reps!

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— Asha Sanaker

(Photo Credit: Wikimedia / Creative Commons)