Why Trump Can’t Fire Mueller Easily

President Donald Trump has mused publicly about firing Robert Mueller, whose investigation of Russian meddling in the 2016 campaign has spilled over to Trump’s associates and sparked a separate probe of the president’s longtime personal lawyer. Trump tried to oust Mueller at least once, according to news reports, fueling legal debates over whether he really has that authority. What’s clear is that while Mueller enjoys a degree of independence and autonomy as special counsel, he isn’t untouchable.

White House press secretary Sarah Huckabee Sanders raised eyebrows on April 10 by saying "we’ve been advised" that Trump "has the power to make that decision." Trump certainly could declare Mueller, or anyone else in the executive branch, fired and then see what happens. But special counsels -- lawyers named by the Justice Department to take over sensitive investigations -- answer to the Justice official who appoints them, according to the 1999 rules that guide the role. Usually that’s the attorney general. In Mueller’s case, it’s the deputy attorney general, Rod Rosenstein, because Attorney General Jeff Sessions, having advised and supported Trump’s 2016 campaign, recused himself from overseeing the inquiry.