Don't Underestimate Donald Trump's Raw Power, Says Legal Scholar | Morning Joe

>> IT'S MY IMPRESSION THAT THE SPECIAL COUNSEL SERVES AT THE
PLEASURE OF THE ATTORNEY GENERAL AND THERE ARE CERTAIN STANDARD
FOR HIS REMOVAL. AND THAT HIS REMOVAL IS ONLY AT
THE PLEASURE OF THE ATTORNEY GENERAL.
I MAY BE WRONG ABOUT THAT. >> DO YOU KNOW OF ANY REASON FOR
A CAUSE TO FIRE MR. MUELLER AS OF THIS DATE IN.
>> NO, I DO NOT, SENATOR. >> AND THAT WOULD BE YOUR
DECISION IF THAT EVER HAPPENED, RIGHT?
>> THAT'S CORRECT. >> AND YOU'RE GOING TO MAKE IT
AND NOBODY ELSE? >> AS LONG AS I'M IN THIS
POSITION, SENATOR, IT WILL BE MY RESPONSIBILITY TO MAKE THAT
DECISION. >> IN LIGHT OF THESE REPORTS
THAT CAME OUT YESTERDAY THAT FOLKS AT THE WHITE HOUSE, MAYBE
THE PRESIDENT WERE LOOKING AT WAYS TO FIRE THE SPECIAL COUNSEL
MUELLER, AND AS YOU TESTIFIED TODAY, GIVEN THE CURRENT
SITUATION, YOU ARE THE ONLY PERSON TODAY IN A POSITION TO
ACTUALLY DO THAT FIRING. ISN'T THAT CORRECT?
>> THAT'S CORRECT. >> ALL RIGHT.
SPECIAL COUNSEL ROBERT MUELLER MAY BE LEGALLY OUT OF THE
PRESIDENT'S REACH. THE POWER TO HIRE AND FIRE SEEMS
TO REST SQUARELY WITH DEPUTY ATTORNEY GENERAL ROD ROSENSTEIN
WHO IS ONLY IN CHARGE BECAUSE JEFF SESSIONS RECUSED HIMSELF.
BUT WHAT IF A NEW ATTORNEY GENERAL WAS PUT IN PLACE?
JOINING US NOW IS A SENIOR FELLOW AT THE BROOKINGS
INSTITUTION AND COED OR THE AND FOUNDER AND CHIEF BENJAMIN
WHITIS. IS THERE ANY OTHER WAY AROUND
IT, IS IT OUT OF THE PRESIDENT'S REACH, AND IF THE PRESIDENT
FIRED MUELLER, WHAT WOULD YOUR REACTION BE?
>> WELL, THERE'S A LOT OF QUESTIONS THERE.
IS IT OUT OF REACH? THE ANSWER IS NO.
HE CAN, NUMBER ONE, HE COULD REMOVE JEFF SESSIONS AND ROD
ROSENSTEIN AND REPLACE THEM WITH PEOPLE EITHER ON AN ACTING BASIS
OR WITH SENATE CONFIRMATION ON A PERMANENT BASIS WHO COULD CARRY
OUT AS WELL. AND THEY WOULD HAVE TO, I THINK,
ACT IN VIOLATION OF A REGULATION UNDER WHICH MUELLER WAS
APPOINTED IN ORDER TO DO IT. BUT THE PRESIDENT PROBABLY DOES
HAVE THE AUTHORITY TO RESCIND THAT REGULATION OR ORDER IT
RESCINDED, AND THAT WOULD ELIMINATE THE ENTIRE OFFICE OF
SPECIAL COUNSEL IF HE DID THAT. DON'T UNDERESTIMATE THE POWER OF
THE PRESIDENCY. WHAT WOULD MY REACTION BE?
I WOULD THINK THAT WOULD BE A NUCLEAR STRIKE ON AMERICAN RULE
OF LAW DEMOCRACY, AND I WOULD HOPE THAT THE CONGRESS OF THE
UNITED STATES WOULD AWAKE FROM ITS LONG SLUMBER.
SHOULD AWAKE, EVEN FOR THE FACT THAT WE'RE HAVING TO HAVE THIS
CONVERSATION ABOUT IT. >> LET ME ASK YOU ABOUT
SOMETHING THE WALL STREET WRITES IN THEIR EDITORIAL TODAY, WHICH
IS OTHERWISE CRITICAL OF THE PRESIDENT.
THEY SAY THE PRESIDENT IS RIGHT THAT APPOINTING MUELLER AS
SPECIAL COUNSEL WAS A MISTAKE BECAUSE OF HIS CLOSE
RELATIONSHIP WITH BOTH THE FBI AND HIS SUCCESSOR, MR. COMEY.
IS THAT A FAIR, DO YOU THINK? IS THERE MERIT TO THAT?
>> IT'S A RIDICULOUS POSITION. FIRST OF ALL, THIS IS A
COMPLICATED INVESTIGATION. IT INVOLVES COUNTERINTELLIGENCE
ELEMENTS AND A WIDE SWATH OF THE BUREAU'S AND POSSIBLY
PROSECUTING FUNCTIONS. THERE ARE RELATIVELY FEW PEOPLE
IN THE UNITED STATES WHO ARE ACTUALLY QUALIFIED --
>> SIR -- >> DAY ONE TO RUN IT.
AND BOB MUELLER IS ONE OF THESE PEOPLE.
>> I AGREE THAT HE'S QUALIFIED FOR THE COMPLEXITY.
BUT DOESN'T HIS FRIENDSHIP WITH JAMES COMEY MAKE IT COMPLICATED
FOR HIM NOW THAT JAMES COMEY IS PART OF THE INVESTIGATION?
>> LOOK, I DON'T WANT TO SPEAK TO THEIR PERSONAL RELATIONSHIP
OF WHICH I'M NOT ESPECIALLY -- I DON'T -- I DON'T KNOW THAT
RELATIONSHIP THAT WELL. I HAVE NEVER HAD THE IMPRESSION
THAT IT IS A CLOSE PERSONAL RELATIONSHIP.
JIM COMEY WAS MUELLER'S SUCCESSOR.
THEY WORKED TOGETHER AT THE JUSTICE DEPARTMENT.
I BELIEVE THEY HAVE A LOT OF MUTUAL ADMIRATION.
I KNOW THAT THAT'S TRUE IN JIM'S CASE.
I DO NOT HAVE THE IMPRESSION THAT THEY'RE ESPECIALLY CLOSE,
AND I THINK THAT THE CLOSENESS OF THE RELATIONSHIP IS LARGELY A
CREATION OF THE PEOPLE WHO WANT THERE TO BE SOME SORT OF
CONFLICT IN THAT REGARD. I THINK IT'S A MUTUALLY
RESPECTFUL ADMIRING PROFESSIONAL RELATIONSHIP.
>> CAROL LEE? >> YEAH.
IF THE PRESIDENT DID TAKE THIS STEP TOWARD MUELLER WHICH YOU
DESCRIBED AS A NUCLEAR STRIKE ON THE RULE OF LAW, CAN YOU WALK US
THROUGH WHAT HAPPENS? IS THERE SOMEBODY ELSE?
WHAT'S THE REACTION OR THE PROCESS?
>> IT SORT OF DEPENDS HOW HE DOES IT.
IF THE OBJECTIVE IS TO REMOVE MUELLER BUT NOT DESTROY THE
OFFICE, NOT ELIMINATE THE OFFICE, YOU COULD IMAGINE
SOMEBODY ELSE STEPPING IN OR BEING APPOINTED.
THAT'S WHAT HAPPENED WHEN NIXON FIRED ARCHIBALD COX AND MADE THE
GRAVE MISTAKE OF LEADING THE APPOINTMENT OF SOMEONE ELSE IN
HIS STEAD THAT TURNED INTO A FATEFUL ERROR ONNIXON'S PART.
BOTH ARE AWFUL SITUATIONS, BUT THEY ARE DIFFERENT.
I THINK IT'S A LITTLE BIT HARD TO GAME OUT WITHOUT KNOWING
EXACTLY WHAT HE WOULD TRY TO DO. >> THANK YOU FOR YOUR INCITE.
RICHARD, I'M CURIOUS, WATCHING EVERYTHING THAT WE JUST TALKED
ABOUT SINCE THE SHOW STARTED THIS MORNING, FROM THE
PERSPECTIVE OF THE FOREIGN POLICY TEAM, EXPLAIN TO ME HOW
THEY DON'T -- AND I MEAN GENERAL MATTIS.
I'M TALKING ABOUT McMASTER. I'LL TALKING ABOUT EVEN REX
TILLERSON. HOW DO THEY JUST TURN AWAY AND
KEEP DOING WHAT THEY'RE DOING? WHY NOT APPROACH THIS PRESIDENT
AND GET SOME PROPER PROCESS IN PLACE HERE.
IF YOU ARE FROM THE PERSPECTIVE OF THESE LEADERS?
>> WELL, I THINK THAT'S EXACTLY WHAT THEY SHOULD DO.
T NOT WORKING. YOU HAVE WAY TOO MUCH
IMPROVISATION. WE HAVEN'T FACED A REAL CRISIS,
AND I DON'T BELIEVE THE ADMINISTRATION HAS WHAT IT NEEDS
SHOULD SOMETHING MATERIALIZE. WHAT I THINK IS THERE SHOULD BE
A COLLECTIVE INTERVENTION IN THE OFFICE.
THE PRESIDENT CAN'T AFFORD TO LOSE ALL OF THEM.
KELLEY WOULD BE FOUR. HE CAN'T AFFORD TO LOSE ALL OF
THEM. THAT WOULD BE A CRISIS OF
CONFIDENCE. THEY SHOULD INSIST ON CERTAIN
GROUND RULES ABOUT HOW THIS ADMINISTRATION IS GOING TO RUN
ITSELF. AND THE PRESIDENT HAS TO STOP
THE TWEETING, BECAUSE THESE ARE WHITE HOUSE STATEMENTS WITH THE
FULL WEIGHT OF THE PRESIDENCY. OR AT LEAST GET THEM CLEARED
FIRST, AND I ALSO THINK YOU THEY CAN'T BE END RUNS AROUND THE
NATIONAL SECURITY PROCESS. THERE CAN ONLY BE ONE NATIONAL
SECURITY PROCESS AT THE SAME TIME.
THE PRESIDENT CAN'T HAVE MORE THAN ONE RUNNING.
>> HE'S JUST HIRED THE CLOSEST TO HIM, THE COMMUNICATIONS
DIRECTOR ALSO HAS A TWEETING PROBLEM.
WHICH IS UNBELIEVABLE AT THIS POINT.
IT'S FANTASTIC. YOU CAN'T WRITE THIS STUFF.
UP NEXT, PRESIDENT TRUMP LEAVES HIS OWN MILITARY SCRAMBLING
AFTER AN ABRUPT POLICY ANNOUNCEMENT ON TWITTER THAT
MANY SAY WAS JUST A

Don't Underestimate Donald Trump's Raw Power, Says Legal Scholar | Morning Joe | MSNBC

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