How Trump Could Tamp Down the Russia Probe

President Donald Trump has made no secret of his disdain for Special Counsel Robert Mueller, and he’s reportedly tried twice to oust him. Here are some of the many ways the president could conceivably remove Mueller or attempt to narrow his brief.

The White House has said Trump has the authority to fire Mueller directly. Many lawyers studying the issue say the president may not have the authority to ignore Justice Department rules. That opens another possibility: Trump could order a repeal to the 1999 regulation that outlines the special counsel role.

Attorney General Jeff Sessions, to Trump’s great displeasure, recused himself from the Russia probe. One scenario: Trump could oust Sessions and appoint a new acting U.S. attorney general who might do the job. The fast-track option is to slot in someone who’s already confirmed by the Senate, as outlined under the Federal Vacancies Reform Act.

It would be more likely for Trump to focus on the department’s No. 2–Deputy Attorney General Rod Rosenstein, who appointed Mueller and oversees him. Trump could ask Rosenstein to fire Mueller. Rosenstein has said he sees no call for doing that, so Trump could fire Rosenstein and ask a replacement to do it, or continue down the department’s org chart until he finds someone who would, recalling the “Saturday Night Massacre” of Richard Nixon.

But in what order? Under a memo of succession issued in November 2016 by then-Attorney General Loretta Lynch, the next Senate-confirmed official in line is Solicitor General Noel Francisco. Accounting for some vacancies, that would be followed by Steven Engel, the head of the Office of Legal Counsel, and John Demers, assistant attorney general for the National Security Division.

Based on a March 2017 Trump executive order, the line of succession would continue on to the confirmed U.S. Attorney in three specific jurisdictions. The first of them that’s not vacant is Robert Higdon of the Eastern District of North Carolina.

So someone tells Mueller, “you’re fired.” Then what?

Trump’s replacement for Sessions or Rosenstein might be someone who would narrow the scope of the special counsel’s investigation or decide to continue the investigation without one, potentially letting ongoing lines of inquiry wither.

Still, any ouster could be contested. The 1999 special counsel rules say the attorney general can fire the counsel for “good cause.” While the definition of good cause is broad–including misconduct, conflict of interest or violation of DOJ policies–Mueller could fight a dismissal.

Ultimately, it’s unclear how effective such moves would be in satisfying Trump’s enduring quest to disperse the Russia probe’s cloud over his administration. Several prosecutions are already in the works, including charges against onetime campaign chair Paul Manafort, and would presumably proceed. Mueller has referred other pieces to federal prosecutors in New York. State prosecutors could step in to take over some parts of the investigation, with narrower powers but shielded from possibly federal interference. And there’s the risk of pushback from lawmakers, including an increasing number of Republicans who have said that firing Mueller would be a mistake.