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Trump Can't Fire Grand Jury In Russia Investigation

by Countable | 2.15.18

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!

— Asha Sanaker

(Photo Credit: Wikimedia / Creative Commons)

Countable

Written by Countable

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(84)
  • Donna
    02/15/2018
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    The American people have the right to know what happened during the elections in 2016 and in our government since then. If DJT fires Mueller or Rosenstein or Sessions, it will be up to us to demand justice. We will cease to be a democratic republic only f we allow it to happen. Regardless of party affiliation, if you consider yourself an American citizen, it is your responsibility to insure any further moves away from a free and democratic society are met with loud, sustained and effective resistance. One man can only destroy this republic if we the people allow him to.

    Like (67)
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  • Pam
    02/15/2018
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    I trust Robert Mueller and his investigation.

    Like (54)
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  • Susan
    02/15/2018
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    Robert Mueller is the veteran for this country and he knows the laws to be followed! Marvelous man he is!

    Like (28)
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  • BeStrong
    02/15/2018
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    Why would our democracy chose to stop an investigation? Why would we chose silence in place of facts? Are we or are we not a democracy? Mr Trumps much heralded ‘due process’ will have its day and its coming in waves.

    Like (26)
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  • Fred
    02/15/2018
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    I just read a few delusional comments from people who think that rational concerns about Russian meddling and trumps thugs colluding is A fantasy that we want to see come true. It’s so unbelievable that there are people out there who think that investigating Russian incursion into our elective process is wrong and a witchhunt. Don’t we want to find out if foreign nationals interfere with our elect oral process? Don’t we want to find out if the sitting president is tainted? Don’t we deserve to see his taxes to see if he is owned by Russian thugs?

    Like (23)
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  • Kim
    02/15/2018
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    Please support any efforts that come your way to prevent Russia from messing with our election process. Regardless of whether or not you believe Trump colluded with Russia. It is a proven fact that Russia interferes with our 2016 elections. They are supposedly targeting midterm elections.

    Like (18)
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  • NoHedges
    02/15/2018
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    Maybe not, but he can and has a history of applying unethical pressure both in his actions and words.

    Like (16)
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  • Andy1
    02/15/2018
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    I’m honestly losing track of all the impeachable things trump has done since the transition it been like one a week. I can’t believe we have not yet put an end to this nightmare.

    Like (14)
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  • I.Got.an.Idea...
    02/15/2018
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    I would like to see an entire reform of our Government and its agencies down to local levels. We need all aspects of our Governance to be processed via ethics policies. It should be unethical and cause for termination for an entire group of representatives to just vote “NO” on everything or not even show up to vote, for eight years. Every bill my be individual and pass on its own merits. Every piece of legislation must benefit the Citizens and not special interests or corporations. With ethical policies in place, much of the rhetoric could ever occur, and if it did, these little people could be terminated and that is how we clear the swamp.

    Like (14)
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  • RadicalModerate
    02/15/2018
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    Trump may not be able to fire a grand jury, but it remains to be seen whether they can be bought, or if the Donald has Russian friends in the thug business. Oh wait, that’s Putin.

    Like (13)
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  • Dale
    02/15/2018
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    Protect Mueller, not Trump.

    Like (12)
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  • Steve
    02/15/2018
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    Donald Trump is a true American I cannot believe the comments I see on here you people only look at what you wish would happen so you would have something to gripe about because you don’t now. Obama and the democrats are the ones that want to be dictators shoving unwanted things at us. The facts are that the democrats , Clinton and Obama were the ones messing with the election trying to change the outcome. The facts are already out. So why don’t y’all take a look at them.

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  • Rick
    02/15/2018
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    If the president does fire Mueller then the ROP is dead. So is Democracy. We will be under a sick dictatorship.

    Like (9)
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  • John
    02/15/2018
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    Job for life the way this is going. Finding absolutely nothing on Trump despite the year long witch hunt. Will probably keep the witch hunt going until they do find something. Start investigating Hillary and Obama if you actually want to find something and justify the millions be spent for nothing.

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  • Pru
    02/15/2018
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    Mueller is on point

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  • Wayne
    02/15/2018
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    Trump already tried to fire Mueller but was stopped by his legal counsel. We need legislation to protect Mueller. All these people who say that he has found nothing on Trump, first off pay attention to indictments already made, and 2nd, you don't seem to understand how a professional, non-leaking investigation works. Mueller has plenty we haven't seen yet and it is why he is finally ready to depose Trump, to get him on the record lying. The fireworks and bombshells are coming (think follow the money).

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  • Vanessa
    02/15/2018
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    The Russians aren’t going away and neither should Robert Mueller.

    Like (7)
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  • Dana
    02/15/2018
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    How long has Mueller been investigating the Russian collusion? He has found nothing on Trump. But Obama and the Clintons are a different story. I guess if Mueller says too much there will be another Clinton involved suicide.

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  • OlderNWiser
    02/15/2018
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    Mr. Mueller and the investigation of ties of the White House to Russia are of paramount importance. As an honorable and honest man, he must be allowed to pursue this investigation. We have a corrupt, ridiculous White House. If our elected representatives allow the dictatorship to thrive, we need someone to protect us from the daily damage being done to our dying republic by the White House. It appears to me that Putin is our President.

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  • Patricia
    02/15/2018
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    Keep Mueller. Continue the investigation until completion.

    Like (6)
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