Bills
| 3.23.22

If a Special Counsel is Fired Should They be Able to Ask Courts to Review Their Termination? (H.R. 4669)

Do you support or oppose this bill?

What is H.R. 4669?

(Updated March 25, 2019)

This bill — known as the Special Counsel Integrity Act — 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.

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.

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.

Impact

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

Cost of H.R. 4669

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Steve Cohen (D-TN) introduced this bill to set standards around the firing of a special counsel:

“The president never declared he wasn’t going to fire Comey, but he fired Comey… When somebody comes at him like Mr. Comey did and like Mr. Mueller has, there’s a goodly chance he will fire him. But the issue is what standards should there be to determine whether he should be fired. The president is not the king… The president doesn’t have unlimited powers… It’s not the issue of whether or not you believe Trump’s not going to fire him; it’s what the law should be if he changes his mind, and for the next president and the next president.”

This legislation has the support of one cosponsor in the House, Rep. Walter Jones (R-NC).


Media:

Summary by Eric Revell

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