Civil Discourse Now

Where the far left and far right overlap for fun and enlightenment

Lawsuit could remove Trump from office and seek discovery

   Special Counsel Robert Mueller has investigated Russian interference in our 2016 elections for a few months.
   Unfortunately, Special Counsel is part of the Executive branch and can be “removed” from office by the Attorney General (“AG”) of the United States.  28 C.F.R. 600.7(d). The AG is subject to summary dismissal by the President. AG Sessions recused himself, thus Deputy AG Rod Rosenstein is responsible, for matters related to Russia.  At any time, a la the 1973 Saturday Night Massacre of Watergate, Trump can order Rosenstein to fire Mueller. As previously noted, a lot of time could be lost.
   As importantly: at the investigation’s end, Mr. Mueller can issue a report, seek prosecution of persons who have committed criminal acts, or seek discipline for Federal employees. Special Counsel could not seek removal of Trump, or anyone else, from office illegally gained.
   On the other hand, in a civil action that seeks equitable relief in the form of removal from office anyone who has obtained office through illegal acts, could root out Trump & company from their positions. Donahue v. Board of Elections, 435 F.Supp.957, 968 (E.D.N.Y. 1976). 
   First, any defendants either would move for dismissal under F.R.Civ.P. 12(b)(6) or 12C—and the issues could be substantively addressed and argued. I believe the lawsuit to which I refer would clear the Rule 12 hurdle---or defendants would have to answer the Complaint.. 
   Second, the Federal Rules of Civil Procedure give latitude for discovery. For example, a  party may propound interrogatories (written questions submitted, usually, to an opposing party in a lawsuit), issue requests for production (in pretrial discovery, a party’s written request that another party present specified documents or other tangible things for inspection and copying), and subpoena witnesses to testify in deposition.
   At the end of the litigation rainbow is the remedy of removal of office those who gained office through the assistance of a hostile foreign power—Russia.
   Trump’s behavior has escalated as his personality and psyche have disintegrated before the public eye in the past week. Vladimir Putin might be nervous.
   I suggest readers keep track of progress of what is filed where and when. I know the bots watch or listen or whatever bots do.

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