Should a Special Counsel Be Able to Request a Judicial Review of Their Termination? (H.R. 5476)

What is H.R. 5476?

(Updated September 2, 2019)

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.

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. 5476

A CBO cost estimate is unavailable.

Additional Info

In-Depth: House Judiciary Committee Ranking Member Jerrold Nadler (D-NY) introduced this bill to protect special counsel investigations to “separate political interference from the carrying out of justice” and added:

“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.”

This legislation has the support of 128 cosponsors, including 126 Democrats and two Republicans.

Media:

• Sponsoring Rep. Jerrold Nadler (D-NY) Press Release