During a 2016 interview hosted by conservative think tank American Enterprise Institute, Supreme Court justice nominee Brett Kavanaugh volunteered that he would like to put the "final nail" in Morrison v. Olsen. This near-unanimous Supreme Court (SCOTUS) decision states that the status of an independent counsel as operating outside the control of the executive branch, is constitutional. The law in question expired in 1999 and was replaced by Department of Justice regulations, which changed the title Independent Counsel to Special Counsel. However, the current regulation is much the same as the original law and relies on the SCOTUS decision as its basis for insulation from executive control. Kavanaugh explicitly states that he would very much like to overturn this decision.
This ruling is the primary legal precedent supporting the current policy that the Special Counsel may only be removed for cause. Confirming Kavanaugh would place a juror on the court who would be hostile to the very existence of a Special Counsel, and if a challenge appeared before the court, would certainly take the opportunity to argue that any member of the executive branch serves at the pleasure of the President. If Supreme Court justices support overturning Morrison v. Olsen, a path is cleared for Donald Trump to legally remove Robert Mueller.
Demand that our Senators vote NO on Kavanaugh.
Two calls to make: Senators Kennedy and Cassidy
Senator Bill Cassidy: DC Office: 202-224-5824; Metairie office: 504-838-0130; Monroe: 318-324-2111; Lake Charles: 337-493-5398; Alexandria: 318-448-7176
Senator John Kennedy: DC office: 202-224-4623; New Orleans: 504-581-6190; Lafayette: (337) 269-5980; Monroe: (318) 361-1489; Alexandria: (318) 445-2892; Baton Rouge: (225) 926-8033; Shreveport: (318) 670-5192
Hi, my name is [Your Name] and I'm an active voter from New Orleans, ZIP Code 70118 [Or wherever you’re from].
I am calling to demand the senator vote NO to confirming Brett Kavanaugh. His open support for overturning Supreme Court decisions that could adversely affect the Special Counsel make his appointment unacceptable. No one is above the law.
This call is adapted from 5Calls.org, which can be viewed here.