Reports that Trump tried to fire Mueller could boost bills to protect prosecutor

Ledyard King and Herb Jackson | USA TODAY

Show Caption Hide Caption Analysis: 'Fighting back' a possible Trump defense President Donald Trump said he would be willing to answer questions under oath in the interview, which special counsel Robert Mueller has been seeking but which White house officials had not previously said the president would grant. (Jan. 24)

WASHINGTON — Reports that President Trump tried to fire Special Counsel Robert Mueller last year could breathe new life into legislation to protect the independent prosecutor, which has languished since it was introduced in Congress last summer.

Lawmakers introduced bills in August to limit the president's power to remove a special counsel. At the time, there were concerns the president would fire Mueller to stop his investigation into whether the Trump campaign colluded with Russian efforts to interfere in the 2016 election.

One bill would allow the attorney general to remove a special counsel only for specific reasons, including misconduct, dereliction of duty or conflict of interest. It was sponsored by Republican Sen. Tom Tillis of North Carolina and Democratic Sen. Chris Coons of Delaware.

Another bill, sponsored by South Carolina Republican Sen. Lindsey Graham and New Jersey Democrat Cory Booker, would require the attorney general to seek approval from a federal court prior to removing a special counsel. A three-judge panel would have to weigh in before any firing, and an appeal could be filed with the Supreme Court.

Daniel Keylin, a spokesman for Tillis, said Friday the senator still wants to move ahead with special counsel protections even though there's no indication Trump is considering removing Mueller.

"The Special Counsel Integrity Act is a commonsense solution to ensure the independence of present and future special counsel investigations," Keylin wrote in an email.

But Keylin acknowledged two hurdles to passage: constitutional concerns some lawmakers have raised about the measure, and rounding up enough support in Congress to pass the bill, "which it currently does not have."

The New York Times, followed by The Washington Post, reported Thursday evening that Trump issued an order to have Mueller fired in June. White House counsel Donald McGhan III refused to tell the Justice Department to carry it out, saying he would quit instead, the Times reported, quoting two unnamed sources.

Trump said that allegations that he tried to oust Mueller, who is leading the investigation into Russian meddling in the 2016 election, were "fake news."

“Fake news, folks. Fake news. Typical New York Times fake stories,” Trump told reporters as he arrived at the gathering of global leaders in the Swiss Alpine resort.

Booker, who has already called on Trump to resign over allegations he assaulted women before taking office, said the latest report makes it more urgent that Congress impose new checks on presidential power.

"We're seeing a consistent pattern of behavior that reveals that Donald Trump has authoritarian tendencies, and in my belief these are dangerous tendencies that we did not see with either Bush president, we did not see with Clinton or Obama," Booker said.

"I fear if we don't do something now, we're going to be revisiting this problem in the future," Booker said.

Sen. Charles Grassley, the Iowa Republican who chairs the Judiciary Committee, told CNN he was open to considering the Tillis-Coons and Graham-Booker bills if the differences between them could be reconciled, and if supporters could address constitutional concerns that the bills would represent the legislative branch meddling in the affairs of the executive.

But many Republicans on Capitol Hill say they want to wait for the completion of investigations underway by congressional committees before considering new legislation.

"I don’t entertain hypotheticals & don’t see need at this time for legislation," Rep. Frank LoBiondo, a New Jersey Republican who serves on the House Intelligence Committee, told a constituent on Twitter earlier this month when asked if he would sponsor a bill to protect Mueller.

No basis in fact Mueller work threatened, just partisan speculation & anonymous “sources” in media reports. I don’t entertain hypotheticals & don’t see need at this time for legislation. House Intel Comm investigation into Russian interference continues w/ Rep Conway (TX) leading https://t.co/RrTEwhGCDF — Frank LoBiondo (@RepLoBiondo) January 11, 2018

LoBiondo's spokesman said Friday that continues to be his position.

Coons said the reports of Trump's attempt to fire Mueller last year demands a response from Congress.

“It is more important than ever for Congress to act to protect the independence of the Department of Justice, including the Special Counsel investigation," Coons said. "For several months, I have been working with colleagues on both sides of the aisle to do just that. These reports make clear that we need to act."