‘Off the Reservation’

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

News this morning that President Trump intends to let the special prosecutor, Robt. Mueller, continue his probe of the president is disappointing for those of us who take a constitutional view of the matter. At least, though, it provides a peg to acknowledge Bret Stephens’ comments about about the Sun’s editorial called “The Mueller Firing Speech,” which, the Times’ columnist reckons, has landed us “off the reservation.”

Mr. Stephens offers that understatement on Chris Matthews’ “Hardball” program on MSNBC. He speaks in a friendly and collegial spirit, which we appreciate (and reciprocate). Mr. Stephens, at the 2:28 minute mark in the above video, expresses concern over what he perceives as “a concerted push to get Donald Trump to fire Mr. Mueller.” He advises viewers “to see an editorial on The New York Sun Web site which practically – in fact, writes the speech for President Trump.”

“This,” adds Mr. Stephens, “is the narrative they’re building towards, not because Bob Mueller is on a witch-hunt, but because, on the contrary, he’s racking up indictments, and I think he’s getting closer to the heart of the genuine scandal here.” Mr. Stephens allows that the Sun’s editorials are “very influential” (which is true in the sense that, as we like to joke, Mr. Trump was cruising to lose the 2016 election until the Sun endorsed him and turned the race around).

What we want to mark, in any event, is the suggestion, even if en passant, that we’re alarmed that Mr. Mueller is racking up indictments and getting close to the genuine scandal. In fact what precipitated our editorial was a sense that Mr. Mueller is investigating the president himself. We see that as constitutionally illogical, even improper, given that Mr. Mueller is a subordinate of the president.

Our suggestion was simply that Mr. Trump fire the special prosecutor. And then, seal his offices and await any inquiries from the House Judiciary Committee. The House, after all, is the constitutional place to begin an investigation of the president, and if the Committee finds anything, it can hand up articles of impeachment, which the House can pass and set in motion a trial of the president in the Senate.

The Democrats don’t want to go the constitutional route, though, because they doubt the House would impeach Mr. Trump. No less a Democrat than Nancy Pelosi, a former speaker, has been trying to tamp down impeachment efforts in the House. Hence all the agitation for a special counsel. And let us just say, our opposition to the special counsel has nothing to do with our sentiments in respect of Mr. Trump.

We — your editor — have been opposing special counsels and so-called independent prosecutors for more than 40 years. We backed President Nixon when he fired Archibald Cox and opposed the special prosecutors that were sicced on President Reagan. And opposed Kenneth Starr’s investigation of President Clinton. We have been completely bipartisan in our views on this head.

It is Mr. Stephens’ view that, as he puts it to Mr. Matthews, “any serious conservative ought to let the special counsel do his work and let the chips fall where they may.” We agree that wrongdoing has to be pursued and the chips allowed to fall where they may. We, though, are with Justice Scalia in his prophetic dissent in Morrison v. Olson, the Supreme Court case that upheld the Independent Counsel Act. We’re particular about the constitutional fine points. That, to us, is the part of conservatism — even if it is off what passes these days for the reservation.


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