Why the Senate Shouldn’t Grandstand on Mueller

The problem with the bill, as Judiciary Committee members such as Mike Lee pointed out at the time, is that it’s unconstitutional.

.. Nevertheless, some gesture reminding Trump of the trouble he would cause himself if he fired Mueller might be in order. But rather than satisfying themselves with a nonbinding Senate resolution, Democrats, joined by Republicans such as Flake and even current Trump ally Graham, insisted on a bill that would allow any special counsel fired by the Justice Department to challenge the action in federal court while protecting documents relevant to their investigations. As Graham put it, the bill wasn’t so much about Mueller or Trump but defending the rule of law.

.. But however foolish the firing of Mueller might be, the notion that Congress has the power to prevent the president from discharging anyone who works in the executive branch of government is on very shaky ground.