@marty_lederman @matthewamiller Do either of you have/know of a piece that lays out what would happen if Mueller were hypothetically fired (not sure how that happens w/o getting RR)?
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In any case, no reason to believe RR would remove him, given that he reiterated his vote of confidence on Wednesday.
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Right, hence, my question was about — if RR is gone — is there any reason why an acting DAG (regardless of Senate-confirmation status) couldn't oversee (including firing) Mueller.
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No, as long as the acting DAG is a senate-confirmed official. E.G. Francisco or a US attorney (or Pruitt!)...not an associate DAG or something.
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Why not anyone whose qualified under the Vacancies Act and is named acting, vs just confirmed officials?
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This is my question. (And, from my prior review, most senior DOJ lawyers would qualify, so long as they've been there for a year.)
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I believe it is due to the special counsel regs. Has to be someone who has the full powers of the AG. Non-Senate confirmed officials don’t.
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The reg (28 CFR 600.7(d)) refers only to the Attorney General, not the DAG. Rosenstein is supervising Mueller in his capacity as Acting AG, not as DAG. So Q is whether, if RR is fired, the Acting DAG becomes Acting AG for this, as well. I don’t think it’s clear that he does...
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Instead, the next in line to be Acting AG if Rosenstein is out is Noel Francisco. That’s as opposed to replacing Sessions, where the replacement would become Acting AG themselves...
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Steve’s view — that Francisco would be acting AG for Mueller — appears to be the view that DOJ/OLC is taking. But the contrary view, i.e. that Pruitt could come in and be a double-acting, is sufficiently plausible that if Trump insisted on it he could probably get away with it.
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Sure, but if Trump wants Mueller out that badly, why not avoid the issue by firing _Sessions_, and replacing _him_ with someone like Pruitt?
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Senate confirmation is required for the the appropriate line of succession - meaning, can’t just stick an already confirmed person from outside the existing line of succession w/o requiring a new confirmation. Rosenstein is not the acting Deputy AG, he has Senate confirmation.
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