The most powerful position in the world has apparently become one of the weakest, with the spectacle of the office, home and even hotel room of President Trump’s own attorney being ransacked without warning. The shocking seizure by government of attorney Michael Cohen’s files, including attorney-client communications, happened because Robert Mueller’s runaway investigation wanted some dirt on Trump.
Republicans in Congress stand silently by while this unfolds, with some even wanting to support this with special new legislation to protect Mueller’s wrecking crew. Fortunately, there is one person to whom Trump can turn to put the GOP back on the right path.
President Trump should look to his top advocate in his own Department of Justice, Solicitor General Noel Francisco. He may be the only man willing to assert proper presidential authority to stop the circus caused by the blank check given to Mueller’s out-of-control inquisition.
The Solicitor General argues cases on behalf of the executive branch before the U.S. Supreme Court, and is well-versed in constitutional law. “General Francisco,” as he is addressed by the courts, is not the famous “General Francisco Franco” who ruled Spain for nearly four decades, but “General Francisco” is the man who can restore presidential power.
In contrast with the liberal Republicans on Capitol Hill, General Francisco has strongly asserted the authority of President Trump to fire underlings in the executive branch. General Francisco argued in support of executive power to deport illegal alien law-breakers, while on Tuesday Neil Gorsuch just sided with the Left on the Supreme Court to block deportation.
Francisco is pro-life too, asserting the right of the executive branch to reject demands by illegal aliens to have abortions. The Supreme Court has repeatedly dodged and ducked petitions for cert brought by the pro-life side, including the case of a middle-of-the-night abortion performed on an illegal alien which Francisco has appealed.
The Left is most agitated about Francisco’s support of presidential power. In the case of Lucia v. SEC, Francisco quotes Supreme Court precedent to argue that “the Constitution gives the President what the Framers saw as the ‘traditional’ means of ensuring accountability: the ‘power to oversee executive officers through removal.’”
“The removal power thus is a key safeguard of democratic self-governance, preserving an unbroken chain of responsibility from the American people to the public officials who serve them,” Francisco tells the High Court. The Court seems likely to agree, and granted Francisco’s request to participate in the upcoming oral argument on April 23rd.
Although relatively unknown to the public, Francisco is in line to replace Mueller’s supervisor Rod Rosenstein if he were terminated by Trump. All agree that that Trump has the authority to fire Rosenstein, and reports have even circulated that Rosenstein would not be surprised by it.
Francisco could step into Rosenstein’s shoes, and then Francisco could fire Mueller. The tyranny of the witch hunt against Trump and his supporters would be over.
In contrast with that scenario is an unconstitutional approach being taken by liberal Republicans in Congress, who are pandering to the media by pushing legislation to make Mueller above the president. The irony is that while Never Trumpers insist that the president is not above the law, they try to make Mueller above the law instead.
Retiring Pennsylvania Rep. Charlie Dent, a strident Never Trumper who just announced that he will quit his seat even before his term expires, is a sponsor of this silly legislation in the House. With a straight face, Dent declared that “independent investigations must be given the resources needed to carry out their investigations.”
Mueller has already burned through tens of millions of dollars, achieving the destruction of the lives of Trump supporters and forcing them to waste many millions of dollars of their own. All told, Mueller may have already caused the waste of $100 million, with no end in sight.
Dent continued by pompously declaring that Mueller must have “the authority and public confidence to see [his investigation] through to conclusion.” But Dent provides no guide on when that conclusion will be, and it is obvious that Mueller will continue until he is fired or shut down.
Congress extended Mueller’s blank check for his expenses into 2019. All indications are that Mueller is widening the scope of his Grand Inquisition, rather than trying to wrap it up promptly.
If Trump does not take steps now to end the anti-Trump project, then it will become an issue in the presidential campaign that will begin soon after the midterm elections. Already a significant chunk of Trump’s campaign dollars are being diverted to legal fees.
Republican senators like Lindsey Graham are hurting the GOP by siding with far Left Senate Democrats Chris Coons (Delaware) and Cory Booker (New Jersey) in promoting the pro-Mueller legislation. No Democrat would support such a bill if the shoe were on the other foot.
John and Andy Schlafly are the sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.