Episode #125 of the Stack Overflow podcast is here. We talk Tilde Club and mechanical keyboards. Listen now
2 Expanding answer
source | link

The short answer is yes he can legally fire the special counsel and any person who falls under the Executive Branch, of which he is the head. He cannot be charged with any crime or can anyone with police powers come and arrest him.

That being said, it would be politically impossible for him to fire this special counsel under these specific circumstances because Congress (a seperate entity and equal in power) can impeach the president for anything that has political traction.

Let me explain: It is not like us none-Presidents. If you or I commit a crime, the police arrest us and then with are tried and if convicted punished. However, Congress, with the powers from the constitution, can initiate impeachment proceeding for any rule they themselves create. This is without consulting the President.

Many news articles give the impression through their tone and headlines (although I have yet to find an article that does not contain the truth, sometime in the second to last paragraph) that the special counsel can slap the handcuffs on the President and then perp walk him to the booking office. If you don't believe me, look at history. It has never happenned. Including with Nixon.

To summarize: the Special Counsel is an employee of the Executive Branch and works at the pleasure of the President. Firing him would give political points to Congress which could lead to impeachment.

Because of all the back and forth in the comment I wanted to add the source for this answer.

History: The office of attorney General can be traced back to an act of Congress during the Presidency of George Washington. The AG was to be a cabinet level appointment that directly reported to the President under Article 2 Section 2 of the constitution with the intention of helping the President and Congress with legal advice. It grew to the current bureaucracy in several stages throughout history in order to help the president enforce laws and maintain prisons for the punishment of federal laws. In order to deal with this extensive bureaucracy regulations were codified (CFRs) which included provisions for special counsels. Special counsels can "discover" matters for which Congress or the President need advice on. Historically, President Nixon fired the special counsel who was discovering things about him. He did it by ordering the AG to do the firing though he could have done it directly (And yes, he went through 3 AGs until Bort did it) but what difference!.

Current Matters:

  • It is misleading to think that the special counsel could lead to an arrest of the President. He cannot be arrested by Law Enforcement, he can be Impeached, removed from office and then arrested when he is not President
  • Firing the special counsel could lead to an increase of Political Capital by those who oppose the President which will increase the chances that Impeachment can be successful
  • Theorectically, the President can be Impeached for anything at all as long as there is political capital to make it successful. Including acts that were done prior to election. Again, it is political, not logical which is why the extensive campaign of ridicule and vitriol can work towards removal
  • Again because the President can be Impeached for anything, forcing the AG to appoint a special counsel is a brilliant move since he can discover matters that can be embarrassing, he can also charge people (not the President) with lying to a special counsel. All this will tie up the attention of the Executive Branch making it easier for it to lose political points.

The short answer is yes he can legally fire the special counsel and any person who falls under the Executive Branch, of which he is the head. He cannot be charged with any crime or can anyone with police powers come and arrest him.

That being said, it would be politically impossible for him to fire this special counsel under these specific circumstances because Congress (a seperate entity and equal in power) can impeach the president for anything that has political traction.

Let me explain: It is not like us none-Presidents. If you or I commit a crime, the police arrest us and then with are tried and if convicted punished. However, Congress, with the powers from the constitution, can initiate impeachment proceeding for any rule they themselves create. This is without consulting the President.

Many news articles give the impression through their tone and headlines (although I have yet to find an article that does not contain the truth, sometime in the second to last paragraph) that the special counsel can slap the handcuffs on the President and then perp walk him to the booking office. If you don't believe me, look at history. It has never happenned. Including with Nixon.

To summarize: the Special Counsel is an employee of the Executive Branch and works at the pleasure of the President. Firing him would give political points to Congress which could lead to impeachment.

The short answer is yes he can legally fire the special counsel and any person who falls under the Executive Branch, of which he is the head. He cannot be charged with any crime or can anyone with police powers come and arrest him.

That being said, it would be politically impossible for him to fire this special counsel under these specific circumstances because Congress (a seperate entity and equal in power) can impeach the president for anything that has political traction.

Let me explain: It is not like us none-Presidents. If you or I commit a crime, the police arrest us and then with are tried and if convicted punished. However, Congress, with the powers from the constitution, can initiate impeachment proceeding for any rule they themselves create. This is without consulting the President.

Many news articles give the impression through their tone and headlines (although I have yet to find an article that does not contain the truth, sometime in the second to last paragraph) that the special counsel can slap the handcuffs on the President and then perp walk him to the booking office. If you don't believe me, look at history. It has never happenned. Including with Nixon.

To summarize: the Special Counsel is an employee of the Executive Branch and works at the pleasure of the President. Firing him would give political points to Congress which could lead to impeachment.

Because of all the back and forth in the comment I wanted to add the source for this answer.

History: The office of attorney General can be traced back to an act of Congress during the Presidency of George Washington. The AG was to be a cabinet level appointment that directly reported to the President under Article 2 Section 2 of the constitution with the intention of helping the President and Congress with legal advice. It grew to the current bureaucracy in several stages throughout history in order to help the president enforce laws and maintain prisons for the punishment of federal laws. In order to deal with this extensive bureaucracy regulations were codified (CFRs) which included provisions for special counsels. Special counsels can "discover" matters for which Congress or the President need advice on. Historically, President Nixon fired the special counsel who was discovering things about him. He did it by ordering the AG to do the firing though he could have done it directly (And yes, he went through 3 AGs until Bort did it) but what difference!.

Current Matters:

  • It is misleading to think that the special counsel could lead to an arrest of the President. He cannot be arrested by Law Enforcement, he can be Impeached, removed from office and then arrested when he is not President
  • Firing the special counsel could lead to an increase of Political Capital by those who oppose the President which will increase the chances that Impeachment can be successful
  • Theorectically, the President can be Impeached for anything at all as long as there is political capital to make it successful. Including acts that were done prior to election. Again, it is political, not logical which is why the extensive campaign of ridicule and vitriol can work towards removal
  • Again because the President can be Impeached for anything, forcing the AG to appoint a special counsel is a brilliant move since he can discover matters that can be embarrassing, he can also charge people (not the President) with lying to a special counsel. All this will tie up the attention of the Executive Branch making it easier for it to lose political points.
1
source | link

The short answer is yes he can legally fire the special counsel and any person who falls under the Executive Branch, of which he is the head. He cannot be charged with any crime or can anyone with police powers come and arrest him.

That being said, it would be politically impossible for him to fire this special counsel under these specific circumstances because Congress (a seperate entity and equal in power) can impeach the president for anything that has political traction.

Let me explain: It is not like us none-Presidents. If you or I commit a crime, the police arrest us and then with are tried and if convicted punished. However, Congress, with the powers from the constitution, can initiate impeachment proceeding for any rule they themselves create. This is without consulting the President.

Many news articles give the impression through their tone and headlines (although I have yet to find an article that does not contain the truth, sometime in the second to last paragraph) that the special counsel can slap the handcuffs on the President and then perp walk him to the booking office. If you don't believe me, look at history. It has never happenned. Including with Nixon.

To summarize: the Special Counsel is an employee of the Executive Branch and works at the pleasure of the President. Firing him would give political points to Congress which could lead to impeachment.