WASHINGTON – In case you missed it, former elected Republicans and Republican-appointed federal judges and prosecutors are calling on Senate Republicans to pass the Special Counsel Independence and Integrity Act, bipartisan legislation introduced by U.S. Senators Lindsey Graham (R-S.C.), Chris Coons (D-Del.), Thom Tillis (R-N.C.), and Cory Booker (D-N.J.).

The letter is below and available here.

April 17, 2018

Dear Senators,

As former elected Republicans, and former federal judges and prosecutors appointed by Republicans, we urge you to pass the recently introduced, bipartisan, Special Counsel Independence and Integrity Act, sponsored by Senators Graham (R-SC), Coons (D-DE), Tillis (R-NC), and Booker (D-NJ). We believe that it is in the best interest of our country for Special Counsel Robert Mueller to be allowed to complete his investigation without undue interference.

This legislation would protect the special counsel from unjustified removal by providing that he “may only be removed for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of policies of the Department of Justice.” Justice Department regulations already protect the Special Counsel against removal without cause, however those regulations may be amended or rescinded. Codifying the special counsel’s independence in law will ensure the integrity of the investigation by shielding the position from political interference.

New reporting points to an increased threat that the President may order removal of the special counsel before he concludes his investigation. This legislation is necessary to ensure that if the President directs removal of the special counsel, he will need to have a legitimate reason to do so. The legislation does not elevate the Special Counsel to a position where he is untouchable by the President; instead, it merely introduces measures to ensure that any action taken against the Special Counsel is consistent with upholding the rule of law. The legislation is also consistent with the United States Supreme Court’s 1988 decision in Morrison v. Olson, as it is narrowly and reasonably drafted to ensure it does not impede on the President’s constitutional appointment authority. The Court went so far as to say that “[t]he congressional determination to limit the Attorney General’s removal power was essential, in Congress’ view, to establish the necessary independence of the office of independent counsel.”

Major investigations into matters central to our nation are not new. When critical questions arise about core issues pertaining to our democratic process--in this case, foreign interference in our elections and the legality of conduct of top government officials--independent investigations can get the answers the public needs and deserves. During key moments in our history, there have been investigations into allegations of official wrongdoing. The results led to major and necessary reforms.

We urge you to support the work of Special Counsel Mueller to its conclusion, whatever it may be. We believe that inappropriate interference in the special counsel’s investigation would constitute a serious attack on our democratic institutions and the rule of law. Regardless of party affiliation, this should be of profound concern to every American—particularly those we elect to represent us.

Sincerely,

 

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