Therefore, Trump would have to order Rosenstein to fire Mueller and hope that the DAG complies. And they didn't agree to come and then cancel at the last minute and send their second in command in their stead, because the members of this committee may have questions they may not want to answer.
Rosenstein, who appointed Mueller last month and has the authority to remove him, told a Senate Appropriations subcommittee that he saw no cause for Mueller's dismissal.
ROSENSTEIN: Yes that's correct. "With respect to this subject, only the president of his attorneys are authorized to comment". Still, Gingrich said any special counsel with an agenda can "all of the sudden find something procedural and technical to latch onto".
"And you have my assurance that we are going to faithfully follow that regulation and".
"I won't mince words, " Leahy told Rosenstein on Tuesday.
Blumenthal said that if the GOP refuses to issue subpoenas he would not have confidence in the ability of the Republicans to act ethically.
Mueller is in charge of investigating Russian interference in the US election and possible collusion with Trump´s campaign.
So, the president would clearly love to fire Robert Mueller.
ROSENSTEIN: No, he has not.
What's more, the relevant regulation governing the special counsel's removal specifically provides that the special counsel may only be dismissed "by the personal action of the Attorney General". "I know. I wrote the rules".
He told senators during a committee hearing that there would have to be "good cause" for Mueller to be removed from his role.
When reached by Fox News after the remarks, Ruddy said, "while I am not claiming the president said it to me, I am confident of my sourcing".
Rosenstein's response here is important for a few reasons.
A writer on the legal blog Lawfare said the president could even argue that the counsel is impeding his constitutional power over foreign affairs.
"First, most simply, Trump could order Mueller fired", Katyal said.
"Their strategy is clear: they know or suspect the facts might not be good for the president, so they're trying to vilify the man who's in charge of finding them", the New York Democrat said. Ruddy's interview did trigger a minor panic this morning among political media; if nothing else, that sneak preview of how they'd react to Mueller's termination will disabuse Trump of any ideas that firing Mueller might be no big deal.
Rosenstein's conduct there called his impartiality into question.
"That is a real question about what Comey did and whether what he did was appropriate in terms of taking documents from the Federal Bureau of Investigation, and then leaking them with the express objective of getting a special counsel who turned out to be Mueller appointed", Fitton told host Bill Tucker "America Talks Live".