Counterpoint: Trump Should Have Fired Mueller A Long Time Ago

Trump shouldn't listen to his lawyers, because his lawyers are following rules that do not apply to The Donald.

Robert Mueller (Photo by Win McNamee/Getty Images)

Donald Trump can’t dodge bullets, but he doesn’t really have to. People don’t seem to realize that Trump has changed the rules of the computer simulation we’re living in. He is special. The old rules do not apply to him.

Of course Trump can fire Robert Mueller. The only person who can stop him from doing that is Paul Ryan, and Paul Ryan is a weak, cowardly enabler. Paul Ryan is a walking Laffer curve who thinks that principles trickle down from policy positions. He doesn’t have the moral rectitude necessary to impeach Donald Trump and, without that, President Trump is free to act as he pleases.

I really don’t know why the “Trump said to fire Mueller but Don McGahn said no” is such a big story today. I don’t know what “news” was broken? Are there still people who think that Trump doesn’t want to fire Mueller? Are there still people who think that Trump doesn’t try to do whatever he wants to do at all times?

Is the story about White House Counsel Don McGahn’s “surprising backbone”? Really? Is it “backbone” when someone acts out of a basic self-preservation instinct and decides NOT TO commit a crime? Trump has changed the laws of physics, but only for Trump. McGahn might be Above the Law’s reigning Lawyer of the Year, but he’s no Donald Trump.

McGahn trying to save his own skin is also likely why this information is leaking now. I mean, WHO do you think is leaking this information? Mueller’s team has been incredibly tight-lipped. This is probably coming from McGahn himself. If I had to guess, I’d say McGahn is leaking this to get the overwhelming reaction that firing Mueller is a bad idea because Trump is going through another round of “I want to fire Mueller” and McGahn is trying to tell him “no” through the press.

But, from Trump’s perspective, I’m struggling to figure out how firing Mueller is a bad thing. Let’s understand one core premise here: DONALD TRUMP OBSTRUCTED JUSTICE AND EVERY INTELLECTUALLY HONEST PERSON ALREADY KNOWS HE DID. The man admitted to doing so on live television. In recent days I’ve heard Trump defenders and false-equivalency media reports argue that the obstruction case hasn’t yet been made (based on only publicly available information) because Trump’s motive hasn’t been shown. “If Trump honestly believe the Russia investigation is a hoax, then you can’t say he fired Comey for a corrupt purpose.”

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This is hogwash. Even if Trump believes it’s a hoax, and even if it is factually true that Trump did not collude with Russian agents to steal an American election, Trump still has the mens rea out the ass to commit obstruction. The “corrupt purpose” is protect his aides (Michael Flynn) and family (Don Jr.) from harm.

Again, this case has already been publicly made. We know that Trump asked Comey to go easy on Michael Flynn. We know that Trump wrote the lying, inaccurate statement Don Jr. gave about his meeting with a Russian agent. We know that Trump obstructed justice, and we know why he did it EVEN IF we don’t yet know if he personally colluded with Russians (or if he just farmed that operation out to his subordinates).

Since that’s all now publicly available information, and yet nobody has done a damn thing to him even though that information is public, Trump might as well fire Mueller. WHAT IS THE LITERAL DOWNSIDE? Democrats will call for his impeachment? Ha. Maybe for a weekend. Then Trump will just say “I’m going to kill children who dress up like Batman,” and Democrats will cave before the first body is found.

Democrats don’t control anything anyway. All Paul Ryan is going to say is that “while Trump’s decision to fire Robert Mueller and have an Eyes Wide Shut party with members of his cabinet and their wives is disturbing, Congress is going to focus on the work that matters to the American people.” That will be the end of impeachment in the House.

There is NOBODY who doesn’t already think Trump committed obstruction of justice whose mind can be changed with additional facts. And Republicans who already know that Trump committed obstruction of justice have resolved to do nothing about it.

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But letting Mueller continue his investigation is dangerous for Trump. Obstruction is not going to get him impeached. I doubt perjury will either. But if Mueller finds, or Trump ignorantly admits to, Russian collusion, that might be something. If Mueller locks down any one of what are probably numerous shady Trump financial dealings — like he has with Paul Manafort — that might be something. If Mueller comes after his son, or son-in-law, that might cause Trump real pain. Look throughout history at how authoritarian strongmen react when you come after their sons. It ain’t pretty.

Allowing Mueller to continue only has risk for Donald Trump. Firing him is nearly risk-neutral. People will complain about abuse of power and constitutional crises and all that. But Paul Ryan ain’t going to do anything about that. Mitch McConnell won’t either.

Will Trump get impeached if Democrats take back the House in 2018? Sure. But, again, that’s going to happen already. Because Trump’s obstruction of justice is ALREADY A MATTER OF PUBLIC RECORD.

Fire Mueller, Donald. You know you want to. Step up to the plate. Fire him. Don’t be a cuck. Fire Fire Burn Fire Burn It Burn It THE BLOOD OF THE MARTYRS WILL WATER THE MEADOWS OF FRANCE!

Trump Ordered Mueller Firing Last June [New York Times]


Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.