Protecting Mueller and his investigation—particularly at the very moment of its maximum vulnerability—could not be more crucial. History suggests a way forward.
On April 30, 1973, with evidence of White House complicity in the Watergate cover-up mounting, President Richard Nixon announced the resignation of several administration officials, including the attorney general. As his replacement, Nixon tapped his well-respected secretary of defense, Elliot Richardson. In a bid to answer his critics, the president also announced, fatefully, “I have instructed him that if he should consider it appropriate, he has the authority to name a special supervising prosecutor for matters arising out of the case.”
Unsatisfied, senators from both parties refused to confirm Richardson absent assurances that such a “special prosecutor” would be truly independent.
They prevailed. Richardson wrote a letter promising the special prosecutor “a truly unique level of independent authority within the Department of Justice” and that “[h]e will be subject to removal only by reason of extraordinary improprieties on his part.” Then Richardson named Archibald Cox as special prosecutor, and was confirmed as attorney general.
That July, when William Ruckelshaus was appointed to be deputy attorney general, the Senate Judiciary Committee, with extraordinary foresight, extracted the same promise: that Ruckelshaus would not fire Cox except for “extraordinary improprieties.”
Any student of American history knows what happened next. On Saturday, Oct. 20, 1973, Cox sought to compel the president to hand over his White House recordings. White House chief of staff Alexander Haig ordered Richardson to fire Cox. Richardson quoted his pledge to the Senate Judiciary Democrats in his letter of refusal—and resignation. Ruckelshaus, who then became acting attorney general, received the same order from Haig, before he too resigned.
The next person in the Justice Department’s chain of command was Solicitor General Robert Bork, who wasn’t asked any questions about special prosecutors during his confirmation hearings the previous January.
And so Bork complied with the president’s order and the “Saturday Night Massacre” went forward.
A tsunami of public outrage followed. Nearly half a million telegrams of protest were sent to federal officials within the next two weeks. Thanks to that outpouring, the investigation of President Nixon survived with a new special prosecutor, whose position was written into law by Congress.
https://slate.com/news-and-politics...otect-the-special-counsels-investigation.html
On April 30, 1973, with evidence of White House complicity in the Watergate cover-up mounting, President Richard Nixon announced the resignation of several administration officials, including the attorney general. As his replacement, Nixon tapped his well-respected secretary of defense, Elliot Richardson. In a bid to answer his critics, the president also announced, fatefully, “I have instructed him that if he should consider it appropriate, he has the authority to name a special supervising prosecutor for matters arising out of the case.”
Unsatisfied, senators from both parties refused to confirm Richardson absent assurances that such a “special prosecutor” would be truly independent.
They prevailed. Richardson wrote a letter promising the special prosecutor “a truly unique level of independent authority within the Department of Justice” and that “[h]e will be subject to removal only by reason of extraordinary improprieties on his part.” Then Richardson named Archibald Cox as special prosecutor, and was confirmed as attorney general.
That July, when William Ruckelshaus was appointed to be deputy attorney general, the Senate Judiciary Committee, with extraordinary foresight, extracted the same promise: that Ruckelshaus would not fire Cox except for “extraordinary improprieties.”
Any student of American history knows what happened next. On Saturday, Oct. 20, 1973, Cox sought to compel the president to hand over his White House recordings. White House chief of staff Alexander Haig ordered Richardson to fire Cox. Richardson quoted his pledge to the Senate Judiciary Democrats in his letter of refusal—and resignation. Ruckelshaus, who then became acting attorney general, received the same order from Haig, before he too resigned.
The next person in the Justice Department’s chain of command was Solicitor General Robert Bork, who wasn’t asked any questions about special prosecutors during his confirmation hearings the previous January.
And so Bork complied with the president’s order and the “Saturday Night Massacre” went forward.
A tsunami of public outrage followed. Nearly half a million telegrams of protest were sent to federal officials within the next two weeks. Thanks to that outpouring, the investigation of President Nixon survived with a new special prosecutor, whose position was written into law by Congress.
https://slate.com/news-and-politics...otect-the-special-counsels-investigation.html