Hatch, Lee say Mueller legislation unconstitutional

Hatch, Lee say Mueller legislation unconstitutional

(KSL TV, File)


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SALT LAKE CITY — Utah's two Republican senators oppose legislation that would constrain President Donald Trump from firing Robert Mueller but say the special counsel must be allowed to finish his investigation into Russia's election meddling.

Sens. Orrin Hatch and Mike Lee say the bill that the Senate Judiciary Committee will take up this week is unconstitutional. Both are members of the committee.

Hatch said he "endorses the message the special-counsel bill is meant to send" and believes it would be a "grave error" for the president to fire Mueller.

"It would trigger a crisis, possibly even impeachment," Hatch wrote in an op-ed in the Wall Street Journal. "It would threaten many of the administration’s accomplishments and make continued progress virtually impossible."

The bill says that any special counsel appointed by the Justice Department may be fired only for good cause and allows a special counsel who has been fired to challenge the decision in court.

Supporters of the proposal argue it is necessary to ensure no one is above the law, but the Constitution is the highest law of the land and provides that only the president can exercise executive power, Lee said.

"Some may question how legislation meant to hold the president accountable is a danger to liberty. It’s because it would empower the creation of unaccountable federal prosecutors who could not be fired for acting unjustly or unwisely," he wrote in an op-ed in USA Today.

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Hatch said it's in Trump's best interest to let Mueller's investigation run its course because he believes it will vindicate the president and provide definitive answers.

"President Trump should not, and I believe will not, end the investigation," he said.

Hatch said he plans to join several senators in supporting a resolution to convey to the White House that Mueller should be left to complete his work.

"What I will not do — and what I urge my colleagues to reject — is subvert our constitutional design in favor of momentary urgencies," he wrote. "You cannot protect the rule of law by violating the supreme law of the land." Email: romboy@deseretnews.com Twitter: dennisromboy; DNewsPolitics

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Dennis Romboy
Dennis Romboy is an editor and reporter for the Deseret News. He has covered a variety of beats over the years, including state and local government, social issues and courts. A Utah native, Romboy earned a degree in journalism from the University of Utah. He enjoys cycling, snowboarding and running.

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