Mueller legislation is unconstitutional

This week, the Senate Judiciary Committee will consider legislation providing that any special counsel appointed by the Justice Department may be fired only for good cause and allowing a special counsel who has been fired to challenge the decision in court.

The proposal is politically salient because many fear the president will fire Robert Mueller. To be clear, the president should allow Mueller to finish his investigation into Russia’s election interference in a timely fashion.

But this legislation is unconstitutional, and political expedience can never trump the Constitution.

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