Ensuring the special counsel’s independence if Rosenstein is fired

  President Donald Trump has repeatedly threatened to take drastic action to undermine special counsel Robert Mueller’s investigation into the Trump campaign and Russian interference in the 2016 election. His latest target is Deputy Attorney General Rod Rosenstein, who oversees Mueller.

  If Trump seeks to undermine the investigation and obstruct justice by firing Rosenstein, there would be serious concerns about the impartiality of any political official at the U.S. Department of Justice who replaces him. These concerns are heightened by Trump’s repeated demands that the Department of Justice protect him from accountability for his actions. The only way to repair the trust of the American people in the integrity of the investigation would be to follow past precedent and ensure the special counsel is truly independent.

Obstructing justice through pardons is an impeachable offense

  As the investigation into the Trump campaign’s collusion with Russia, led by special counsel Robert Mueller, continues to close in on President Donald Trump, he has started discussing his ability to pardon, even arguing that he could pardon himself despite the long-standing determination to the contrary by the U.S. Department of Justice (DOJ). Trump’s legal team has made an equally baseless assertion with respect to his actions to impede the Russia investigation, claiming that “the President’s actions here, by virtue of his position as the chief law enforcement officer, could neither constitutionally nor legally constitute obstruction … and that he could, if he wished … even exercise his power to pardon if he so desired.”

  This view is wrong: It is clear that the president can obstruct justice. And—as reflected in past precedent, a Supreme Court decision, and constitutional history—abuse of the pardon power can constitute such obstruction and be grounds for impeachment.