Like Countable?

Install the App
TRY NOW

senate Bill S. 1735

Should a Panel of Judges Have the Final Say Over the Firing of a Special Counsel?

Argument in favor

Special counsels shouldn’t be fired for investigating the president or other member of the executive branch, and this bill ensures that the judiciary can serve as a check on the executive branch’s ability to fire a special counsel.

Cathy's Opinion
···
08/05/2017
Yes but not judges appointed by the President or majority party!
Like (230)
Follow
Share
Cynthia 's Opinion
···
08/05/2017
It is important, under current circumstances, to ensure Mr. Muller can complete his investigation. He appears to be a thorough and ethical person, supported by both Democrats and Republicans. It seems appropriate, based on Donald Trump's behavior, to add a layer of oversight if he tries to fire Mr. Muller. Thank you.
Like (157)
Follow
Share
Carolyn's Opinion
···
08/05/2017
It is a conflict of interest for a president to be able to terminate a special counsel that could be investigating him. A panel of judges would be a good impartial alternative.
Like (85)
Follow
Share

Argument opposed

The executive branch has the power to create or terminate a special counsel, and Congress shouldn’t try to check that power by giving the judiciary the ability to review a firing.

Tom's Opinion
···
08/05/2017
We live in a Constitutional Republic, not some Third World hell hole where rules can be changed at the whim of a few judges selected by those who already have decided the outcome.
Like (46)
Follow
Share
Mike's Opinion
···
08/05/2017
It's just another way the swamp is trying to tie the executive branch's hands because Trump isn't playing their game. It is already a crime is to cover up or impede an investigation. When the crime is committed then you charge him with it and prosecute him. You don't need appointed and not elected court judges to decide what the President can and can't do. These judges aren't held accountable to the people. They can have an agenda especially depending on if a Republican or Democrat appointed them as a judge.
Like (32)
Follow
Share
John's Opinion
···
08/05/2017
Its amazing that all those that can't get over Hillary's monumental LOSS in the election now want to change everything about how our government operates. The snowflakes need to get past the election and allow government to operate a well if not better than how it has operated for over two hundred years. The GOP didn't like Obama as President but we didn't cry and throw tantrums while trying to change the government. To our reps please don't allow these crying babies to influence you. As President its Trump's agenda we need to enact not of the criminal Hillary and her band of snowflakes.
Like (18)
Follow
Share

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedAugust 3rd, 2017

What is Senate Bill S. 1735?

This bill would prevent the executive branch (including the president) from firing a special counsel unless a panel of three federal judges finds cause for their removal. If the executive branch wants to fire a special counsel, the Attorney General would be required to file an action in U.S. District Court for D.C. and notify Congress’s judicial committees. If the panel of judges find misconduct, dereliction of duty, incapacity, conflict of interest, or violations of Dept. of Justice policies the special counsel could be removed. Appeals would go to the Supreme Court.

Impact

Special counsels and the executive branch; federal courts; and the DOJ.

Cost of Senate Bill S. 1735

A CBO cost estimate is unavailable.

More Information

In-DepthSponsoring Sen. Lindsey Graham (R-SC) introduced this bill to ensure that any action by the DOJ to fire a special counsel must first be reviewed by a panel of federal judges:

“Checks and balances have served the country well for the past two hundred years.  Our legislation would allow judicial review of the firing of any special counsel that was impaneled to look at the President or their team – regardless of party. I think this is a good check and balance, both for today and in the future. We should all be interested in making sure that special counsels have oversight. Special counsels must act within boundaries, but they must also be protected. Our bill allows judicial review of any decision to terminate a special counsel to make sure it’s done for the reasons cited in the regulation rather than political motivation.”

Lead cosponsor Sen. Cory Booker (D-NJ) added:

“A special counsel's duty is to follow the facts and the law wherever that leads. They should never be subjected to interference or intimidation because of where an investigation takes them. This bill would subject any decision to fire a special counsel to a review by a panel of federal judges, ensuring any removal is for legitimate reasons instead of political motivations.”

President Donald Trump has called Special Counsel Robert Mueller’s investigation into Russian election interference a “witch hunt” and alleged that members of his investigatory team are “biased” because several of them have made campaign donations to Democrats. Trump has openly discussed what may cause him to fire Mueller, but said he “(doesn’t) think it’s going to happen.” Because Attorney General Jeff Sessions recused himself from all matters related to the Russia probe, Deputy Attorney General Rod Rosenstein would have the authority to fire Mueller.

This legislation has the support of three cosponsors in the Senate, all of whom are Democrats.


Media:

Summary by Eric Revell

(Photo Credit: Obama White House via Flickr / Public Domain)

AKA

Special Counsel Independence Protection Act

Official Title

A bill to limit the removal of a special counsel, and for other purposes.

    Yes but not judges appointed by the President or majority party!
    Like (230)
    Follow
    Share
    We live in a Constitutional Republic, not some Third World hell hole where rules can be changed at the whim of a few judges selected by those who already have decided the outcome.
    Like (46)
    Follow
    Share
    It is important, under current circumstances, to ensure Mr. Muller can complete his investigation. He appears to be a thorough and ethical person, supported by both Democrats and Republicans. It seems appropriate, based on Donald Trump's behavior, to add a layer of oversight if he tries to fire Mr. Muller. Thank you.
    Like (157)
    Follow
    Share
    It is a conflict of interest for a president to be able to terminate a special counsel that could be investigating him. A panel of judges would be a good impartial alternative.
    Like (85)
    Follow
    Share
    The average criminal wouldn't have the power to fire the person investigating their crimes, so the president shouldn't either.
    Like (68)
    Follow
    Share
    I am encouraged by the fact that our democracy is resisting Trump, that our checks and balances are working despite populism, propaganda, partisanship, foreign influence, and Trump's authoritarian tendencies.
    Like (60)
    Follow
    Share
    The President shouldn't have power to fire someone who may be investigating him or her. It's especially important right now with Trump but is important for future presidents as well.
    Like (57)
    Follow
    Share
    Under no circumstances should the President be authorized to hamper any investigation of himself or his staff.
    Like (50)
    Follow
    Share
    Why on earth does the president have the power to fire someone who is directly investigating him?
    Like (47)
    Follow
    Share
    I've said it before and I'll say it again, these will be the years that it became so apparent why there are 3 branches of government and why it is needed so desperately. No ONE branch has total control over our democracy and NEVER WILL!
    Like (40)
    Follow
    Share
    It's just another way the swamp is trying to tie the executive branch's hands because Trump isn't playing their game. It is already a crime is to cover up or impede an investigation. When the crime is committed then you charge him with it and prosecute him. You don't need appointed and not elected court judges to decide what the President can and can't do. These judges aren't held accountable to the people. They can have an agenda especially depending on if a Republican or Democrat appointed them as a judge.
    Like (32)
    Follow
    Share
    This is just a question of logic and ethics, forget party affiliation.
    Like (31)
    Follow
    Share
    To the Trump supporters viewing this thread: Trump is feeding off of you, manipulating you, using you, and laughing at you behind your backs. He will not do anything for you. He does not care about you, and he does not represent your interests. Trump values three things - himself, money, and attention. Everything he does/will do will be to serve as a means to an end in benefiting himself. Period. This isn't about democrats against republicans, conservatives against liberals. This isn't a reality show. The only "fake news" are those propaganda sites you are perusing. And it's not simply about "the Russia thing" (although that is certainly part of it, and you SHOULD be concerned). This is about preservation of democracy. It's about maintaining civility and compassion for our fellow human beings. It's about the importance of having a leader who works responsibly, thoughtfully, and diligently on behalf of all citizens and with other democratic world leaders. That is his job. Trump does none of those things, nor will he. Instead he lies and brags about imaginary achievements while propagating rhetoric and policy on a whim that is politically, nationally and globally divisive. The whole world can see what you willfully will not. How can you allow yourselves to be so gullible and so easily led? Unless you want to live under a dictatorial regime in a banana republic, begin acting like responsible and accountable citizens. Seek out real research (not propaganda) to learn about important policy issues, read/watch a variety of investigative news sources (including those from outside the U.S.) and, for God's sake, question any leader who attempts to undermine American tenets of democracy. This IS what Trump and his power hungry, morally bankrupt sycophants are attempting to do. Yes, a panel of judges is definitely needed here to keep this inept, unstable, narcissistic, bigoted, megalomaniacal demagogue in check. And make it a constitutional amendment to protect us from other possible future circumstances such as these.
    Like (30)
    Follow
    Share
    Absolutely. Those who abuse power and who may be under investigation should not have the right or ability to fire the person or team investigating them. In the past, the United States has relied on the honesty and integrity of the person holding the office of President of the United States. Our current president has displayed a flagrant disregard for the dignity of this office. Because of that, we must put rules in place to prevent further abuse of power and unethical decisions. Close the loopholes. The office of the President has been corrupted in ways the forefathers did not anticipate. It is time to put laws in place to prevent further damage now and in the future.
    Like (26)
    Follow
    Share
    It is important, under current circumstances, to ensure Mr. Muller can complete his investigation. He appears to be a thorough and ethical person, supported by both Democrats and Republicans. It seems appropriate, based on Donald Trump's behavior, to add a layer of oversight if he tries to fire Mr. Muller. Thank you.
    Like (21)
    Follow
    Share
    Simply put, the President is not above the law.
    Like (20)
    Follow
    Share
    I love that Republican commenters are making such a fuss about liberals trying to change laws and not reading the actual details to see the bill is presented by Republican Lindsey Graham. (Hurm)
    Like (19)
    Follow
    Share
    Its amazing that all those that can't get over Hillary's monumental LOSS in the election now want to change everything about how our government operates. The snowflakes need to get past the election and allow government to operate a well if not better than how it has operated for over two hundred years. The GOP didn't like Obama as President but we didn't cry and throw tantrums while trying to change the government. To our reps please don't allow these crying babies to influence you. As President its Trump's agenda we need to enact not of the criminal Hillary and her band of snowflakes.
    Like (18)
    Follow
    Share
    The purpose of a special counsel is negated if the person being investigated can just fire the investigator. There has to be a means to check such an action to make sure the firing is legit. Adding the 3 panel judge requirement is a good way to do that.
    Like (15)
    Follow
    Share
    I am so tired of people, even judges pursuing their own agenda. Quit wasting our money and forget all these special investigations. Waste of time and energy and my money.
    Like (14)
    Follow
    Share
    MORE