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house Bill H.R. 197

Should a Special Counsel Be Able to Request a Judicial Review of Their Termination?

Argument in favor

This bill would protect the integrity of investigations carried out by a special counsel by shielding them from wrongful termination and ensuring they can request a legal review of their firing.

Kodiwodi's Opinion
···
04/21/2019
In light of what we have learned just from the Redacted Mueller Report, it is very clear, despite other conclusions, that the President was involved in many instances to derail the investigation and to get Mr. Mueller fired. This is despite the fact that Robert Mueller had an impeccable record and was a long time Republican. While some will claim this bill is unnecessary, it is my opinion that it is quite clear one or more Parties are incapable of policing themselves and that this bill is extremely important in order to avoid a repeat of this embarrassing behavior on the part of the Trump Administration. I also think there needs to be added to this bill that there should not be undo pressure brought upon a Special Investigator by any level of the government to interrupt or end the investigation prior to the SI determining the investigation is at its conclusion. William- while spewing your hatred for the Democratic Party please try to get your facts straight. The first time money was taken from the SS Trust Fund to pay for deficit spending was in 1983 under the Bush Administration. Last I checked, he was a Republican. Also as of April 17 our National Debt is $22,027,148,377,103.51. That’s Trillions not millions. That’s gone up 2 trillion since September 2017. Oh racism has been around since the dawn of man and is not exclusive to either party.
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John's Opinion
···
04/21/2019
With the powers that the president has there must be checks and balances. What we have just watched is the president being able to derail a federal investigation because He thinks it’s unfair. We are very lucky That this President was too stupid....lacking in mental ability to commit these crimes but not for lack of trying. Oversight and accountability is why there are three branches of government in this fine republic. This is not a vindictive move but a safety being put in place to keep a prospective tyrant in his place. This isn’t the best way to govern but it’s the one we have and I dare anyone to prove to me one that works better and represents the people like ours does. It isn’t perfect but it’s pretty good. Let’s protect it.
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Kevin's Opinion
···
04/21/2019
With all the criminality and-outright immorality shown in the Mueller report, add in the complicity of like minded morally corrupt Republicans that gave this admin a walk, and a judicial review would be the next step in a system of checks and balances that has so far been manipulated. It’s fact the President was seeking to direct the outcome of the investigation into himself, manipulating witnesses, and steering the end result with a honor-less, zero integrity Republican base. People like Steve Stivers and Rob Portman are just as complacent with his duplicity as they are with their own I suspect. We need the checks and balances returned, respected, and honored. This GOP does none of it.
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Argument opposed

There’s no need for these procedures to be put in place, as any administration that fires a special counsel under murky circumstances would face calls for impeachment.

Miles's Opinion
···
04/21/2019
Yeah let’s make someone who is accountable to no one, almost unable to be fired considering they’ll send the review to a partisan hack. Nadler is a joke, I wouldn’t expect anything less out of that tin foil idiot. I can’t wait to see the look on his face when his corrupt heroes get crucified for this hoax. He should start preparing his false talking points.
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···
04/21/2019
Should the democrat party stop being a pathetic and childish embarrassment to America?
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David's Opinion
···
04/21/2019
A special council is the most powerful person on earth and is unelected. This one person can decide to overturn an election, disenfranchising tens of millions of citizens. Something has gone terribly wrong within the federal government.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
    IntroducedJanuary 3rd, 2019

What is House Bill H.R. 197?

This bill — the Special Counsel Independence and Integrity Act — would would specify that a special counsel can only be disciplined or fired by an Attorney General who has been confirmed by the Senate, or the most senior Senate-confirmed Dept. of Justice (DOJ) official who isn’t recused from the matter. A special counsel could only be removed for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause including violations of DOJ policies. The special counsel would have to be informed in writing of the reason for their removal and could request a judicial review of their firing.

Impact

A special counsel; courts responsible for a judicial review; the DOJ; and the Attorney General.

Cost of House Bill H.R. 197

A CBO cost estimate is unavailable.

More Information

In-Depth: Rep. Jerrold Nadler (D-NY), Chairman of the House Judiciary Committee, along with Reps. Sheila Jackson Lee (D-TX) and Steve Cohen (D-TN), reintroduced this bill from the 115th Congress to protect the Special Counsel investigation. In a joint statement, the Representatives said:

“For the last two years, House Republican leadership sat idly by, and often joined in, as President Trump attempted more than once to fire Special Counsel Robert Mueller and launched serious attacks on senior Department of Justice officials in an effort to end the Russia investigation. Now that Trump has fired Attorney General Sessions and removed Deputy Attorney General Rosenstein from overseeing the investigation, we are faced with an acting Attorney General whose intentions are questionable. As the Special Counsel announces new indictments and guilty pleas from Trump’s closest allies and associates, it’s clear that the threat to the Mueller investigation will only grow stronger. Democrats and Republicans in Congress have mentioned their support for the inquiry to continue unimpeded. Now is the time for Congress to finally act and pass this legislation to protect the integrity of the Special Counsel’s investigation and the rule of law.”

In the previous Congress, then-House Judiciary Committee Ranking Member Jerrold Nadler (D-NY) introduced this bill to protect special counsel investigations and “separate political interference from the carrying out of justice.” Rep. Nadler said:

“Unfortunately, it seems Republican leadership in the House lacks the spine to take a stand against President Trump’s abuse of power or defend our country from the constitutional crisis we would face if Special Counsel Robert Mueller’s investigation were terminated or interfered with in any way… If the President were to move in any way to undermine or interfere with the Special Counsel’s ongoing investigation, it would appear to be the actions of someone who knows he is guilty of crimes and cannot withstand an honest investigation, at which point all options would have to be on the table.”

In the current Congress, this bill has the support of 127 bipartisan cosponsors, including 126 Democrats and one Republican. Last Congress, this bill had the support of 132 cosponsors, including 130 Democrats and two Republicans.


Of Note: Special Counsel Robert Mueller's final report, which was made public on April 18, 2019, contained a number of revelations about President Trump's attempts to influence or terminate the special counsel's investigation. The report said that while "the president's efforts to influence the investigation were mostly unsuccessful," that was largely because the people around him "declined to carry out orders or accede to [the president's] requests," rather than due to a lack of efforts to end the investigation. It also revealed that Trump directed White House officials to tell former White House counsel Don McGahn to claim that stories about him wanting to fire Mueller were false and called McGahn at home to direct him to fire Mueller and claim conflicts of reason as the cause for the firing.  Ultimately, Mueller concluded that his investigation didn't establish that the president committed an obstruction of justice, but also didn't exonerate him. He also suggested that Congress could take up the obstruction of justice aspect of the case.

In response to the Mueller report's release, Trump tweeted a series of "no collusion" videos and images. The Trump legal team called the report "a total victory for the president" that clearly demonstrates "no criminal wrongdoing." In a statement, the Trump team says, "The report underscores what we have argued from the very beginning - there was no collusion - there was no obstruction...  [I]t is clear there was no criminal wrongdoing. Nothing withheld; nothing concealed; nothing deleted; nothing destroyed; and nothing bleached."

For their part, Democrats continue to argue there's case to be made for obstruction. House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) issued a joint statement castigating Attorney General William Barr, saying, "As we continue to review the [Mueller] report, one thing is clear: Attorney General Barr presented a conclusion that the President did not obstruct justice while Mueller's report appears to undercut that finding." 

House Minority Leader Kevin McCarthy (R-CA) preemptively called further efforts to probe the Mueller report's finding's futile, saying, "Democrats want to keep searching for imaginary evidence that supports their claims, but it is simply not there." Rep. Mark Meadows (R-NC), a Trump ally, says the special counsel's findings should end any future Congressional investigations

“Prosecutors have one job, and that’s to prosecute and indict...And if Bob Mueller in two-and-a-half years of investigation — which includes both the FBI and special prosecutor’s time — doesn’t bring charges, I don’t know how much longer we need to be talking about collusion and obstruction.”

Media:

Summary by Eric Revell

(Photo Credit: Medill DC via Flickr / Creative Commons)

AKA

Special Counsel Independence and Integrity Act

Official Title

To ensure independent investigations and judicial review of the removal of a special counsel, and for other purposes.

    In light of what we have learned just from the Redacted Mueller Report, it is very clear, despite other conclusions, that the President was involved in many instances to derail the investigation and to get Mr. Mueller fired. This is despite the fact that Robert Mueller had an impeccable record and was a long time Republican. While some will claim this bill is unnecessary, it is my opinion that it is quite clear one or more Parties are incapable of policing themselves and that this bill is extremely important in order to avoid a repeat of this embarrassing behavior on the part of the Trump Administration. I also think there needs to be added to this bill that there should not be undo pressure brought upon a Special Investigator by any level of the government to interrupt or end the investigation prior to the SI determining the investigation is at its conclusion. William- while spewing your hatred for the Democratic Party please try to get your facts straight. The first time money was taken from the SS Trust Fund to pay for deficit spending was in 1983 under the Bush Administration. Last I checked, he was a Republican. Also as of April 17 our National Debt is $22,027,148,377,103.51. That’s Trillions not millions. That’s gone up 2 trillion since September 2017. Oh racism has been around since the dawn of man and is not exclusive to either party.
    Like (140)
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    Yeah let’s make someone who is accountable to no one, almost unable to be fired considering they’ll send the review to a partisan hack. Nadler is a joke, I wouldn’t expect anything less out of that tin foil idiot. I can’t wait to see the look on his face when his corrupt heroes get crucified for this hoax. He should start preparing his false talking points.
    Like (42)
    Follow
    Share
    With the powers that the president has there must be checks and balances. What we have just watched is the president being able to derail a federal investigation because He thinks it’s unfair. We are very lucky That this President was too stupid....lacking in mental ability to commit these crimes but not for lack of trying. Oversight and accountability is why there are three branches of government in this fine republic. This is not a vindictive move but a safety being put in place to keep a prospective tyrant in his place. This isn’t the best way to govern but it’s the one we have and I dare anyone to prove to me one that works better and represents the people like ours does. It isn’t perfect but it’s pretty good. Let’s protect it.
    Like (54)
    Follow
    Share
    With all the criminality and-outright immorality shown in the Mueller report, add in the complicity of like minded morally corrupt Republicans that gave this admin a walk, and a judicial review would be the next step in a system of checks and balances that has so far been manipulated. It’s fact the President was seeking to direct the outcome of the investigation into himself, manipulating witnesses, and steering the end result with a honor-less, zero integrity Republican base. People like Steve Stivers and Rob Portman are just as complacent with his duplicity as they are with their own I suspect. We need the checks and balances returned, respected, and honored. This GOP does none of it.
    Like (41)
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    Should the democrat party stop being a pathetic and childish embarrassment to America?
    Like (27)
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    Any investigation into governmental possible misdoings should be protected from fear of disbanding. The AG has always been the attorney of the American people UNTIL TRUMP & THE REPUBLICANS GOT BARR IN THERE. NOW HE’S TRUMP’S LAWYER. One thing Trump being in charge has shown - THE POWERS OF THE EXECUTIVE BRANCH NEEDED MORE LIMITATIONS. We’ve been too naïve thinking the person who is in that office will always be HONEST. NOT SO.
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    We need to have people who can honestly investigate situations who are not limited, harassed, by those being investigate. The Washington D C swamp has gotten swampier the last few years. Fright now we are being told not to believe the press, the opposition, the media clip of what politicians have said previously, what people under oath have said. Right now we are being told not to trust in anyone. So sad!
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    Nothing worse than a president being unchecked and left to run roughshod over anybody he dislikes. This goes beyond the fact that we have a president that openly mocks our democratic system and his treatment of “others”. We have a system of laws put in place to protect our society. If you’re caught going 80 mph in a 35 mph zone you pay the consequences. I think you see my point. The president needs to be held accountable. He works for us we don’t work for him.
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    Our country was founded on checks and balances!! No one including the President is above the law!!!
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    A special council is the most powerful person on earth and is unelected. This one person can decide to overturn an election, disenfranchising tens of millions of citizens. Something has gone terribly wrong within the federal government.
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    Yes. We’ve seen just how far a Criminal President MIGHT (and COULD) go to protect himself. We need more oversight.
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    Many presidents have fired independent counsels in the past without triggering a bill.
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    Another way for the fascist democrats to stay in power.
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    No! A special council is not needed. The ONLY reason this is being proposed is because Democrats want to limit the power of this president and would be certain to reverse this once a Democrat president would be back in power. No! ABSOLUTELY NOT!! James Comey deserved to get fired and in fact should go to jail for being an accomplice to Hillary Clinton and botching that investigation!!
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    Once again another democrat sponsored “out to get President Trump” bill. How about a bill to investigate Obama and his minions? That’s where republicans need to get a spine, but do it after the 2020 election.
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    The process for special investigations is fine with one exception. Justification to begin one needs to be tighten up. This bill is embarrassing. Nadler is obsessed. His hate for President Trump is pushing him over the edge.
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    These crybabies always want to change the rules when they can’t get their way or get their asses kicked! You crybaby Dems and lefties are in for the biggest rude awakening in 2020.
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    It’s a Nadler/Democratic attempt at usurping Presidential prerogatives & powers. I’m adamantly opposed to this sad NADLER Democratic House Bill H.R. 197 AKA the “Special Counsel Independence and Integrity Act” which would specify that a special counsel can only be disciplined or fired by an Attorney General who has been confirmed by the Senate, or the most senior Senate-confirmed Dept. of Justice (DOJ) official who isn’t recused from the matter. I’m in agreement that the ONLY reason this is Nadler Bill is being proposed is because, the Democrats want to limit the powers, of this president and advancing their political agendas.Special Counsel’s serve as a part of DOJ which is part of the executive branch. It would be an infringement of the powers of the executive, to have judicial review of the termination of an employee of the executive. It’s called separation of powers. The President can’t be expected to need permission from another branch of government in order to carry out what the Constitution reserves for the Executive Branch, which the President alone runs. A special counsel could only be removed for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause including violations of DOJ policies at the discretion of the President who appointed him or her, Not at the discretion and whim of an opposing party. Terminated special counsel’s are normally informed in writing and verbally of the reason for their removal for cause and could request a judicial review of their firing. There’s no need for these procedures to be put in place, as any administration that fires a special counsel under murky circumstances would face calls for impeachment. SneakyPete....... 👎🏻👎🏻NADLER👎🏻👎🏻. 4*21*19.....
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    Happy Easter America. We Wake up this morning to the murders of Christians on Easter. Tom Perez/Dr Evil of the loving DNC stating no one is above the law... Except of course members of his own party (Clinton’s, Obama’s, Omar- fake dossier- weaponized FBI/CIA on and on....).
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    Butt hurt knee jerk reaction?? The president is innocent of false charges deal with it
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