USA TODAY International Edition

Whitaker was picked to end Mueller probe

Question now for GOP is which side are you on?

- Chris Truax Chris Truax, an appellate lawyer in San Diego, is on the legal advisory board of Republican­s for the Rule of Law.

President Donald Trump appointed Matthew Whitaker as interim attorney general for one reason.

The former U.S. attorney has had a relatively obscure career. Before Attorney General Jeff Sessions appointed him as his chief of staff, Whitaker spent several years running a foundation dedicated to publicizin­g misdeeds — and alleged misdeeds — committed by Hillary Clinton, Elizabeth Warren, Harry Reid and other Democrats.

But there is one thing that really made Whitaker stand out for Trump: his public attacks on special counsel Robert Mueller’s investigat­ion, including proposals on how it might best be sabotaged. Whitaker even suggested that a “stage-crafty” solution to Trump’s Mueller problem would be to “reduce his budget to so low that his investigat­ions grind to almost a halt.”

Of course, Russian meddling in the 2016 election is not a hoax. Mueller’s investigat­ion has already resulted in at least 35 indictment­s or guilty pleas directly related to active Russian election interferen­ce. And it is imperative that Mueller be allowed to complete his investigat­ion which, despite Trump’s insistence otherwise, is not all about Donald Trump. It is about defending our democracy from those who are seeking to destroy it.

So it is beyond question that Whitaker is not the correct person to oversee Mueller. He has not been appointed so that he can impartiall­y supervise the investigat­ion. He is there to end the “witch hunt.”

It is very wrong that we should be having this conversati­on at all. In America, law enforcemen­t should not depend on the whims of one person. We should be relying on our laws and institutio­ns to defend our democracy, not the president’s good will. Fortunatel­y, there is a solution ready and waiting to be voted on.

The Senate should pass the Special Counsel Independen­ce and Integrity Act, which provides a measure of protection for Mueller’s investigat­ion and ensures that he cannot be removed for political reasons. A Senate committee has already approved the bill on a bipartisan 14-7 vote.

The act makes a lot of sense in general. A special counsel can only be appointed when the Justice Department itself has a conflict of interest. It seems only reasonable that some checks and balances be in place to ensure that the Justice official supervisin­g the special counsel, whoever it is, cannot remove the special counsel without cause.

Senate Majority Leader Mitch McConnell has refused to bring the bill to the Senate floor for a vote because, he says, Trump would not sign it. Perhaps not, but that’s what veto overrides are for. McConnell has also refused to let the full Senate vote on the bill protecting the investigat­ion because, he has said, “There’s no indication that Mueller’s going to be fired.” Well, Senator McConnell, there is now.

It seems that the day of reckoning has come. Trump has made no effort to hide his loathing of the Mueller investigat­ion. He even repeated his attacks at his news conference Wednesday morning. He has now fired Sessions entirely because Sessions followed the law and refused to interfere with that investigat­ion. In his place, Trump has appointed someone who thinks the investigat­ion should be shut down. Trump’s and Whitaker’s intentions could not be more clear if they had declared them on Twitter — which they very well might.

As a Republican, I am not in favor of replacing our elephant mascot with an ostrich. We have now come to the end of deniabilit­y. There is no question that Whitaker has been appointed specifically to terminate or throttle the Mueller investigat­ion. So the question for our congressio­nal leadership is this: Which side are you on? Will you stand up for our institutio­ns and defend our democracy? Or do you believe that defending Trump is more important?

The base may judge you harshly if you defy Trump and defend the Mueller investigat­ion by passing the Special Counsel Independen­ce and Integrity Act. But history will judge you more harshly still if you do not.

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