Allegations of sexual misconduct could lead to Roy Moore being voted out of Congress even if he wins the upcoming election, which could lead to the end of special counsel Robert Mueller’s investigation.
National Republican Senatorial Committee Chairman Cory Gardner, R-Colo., said Monday that Congress should vote to expel Moore as soon as he enters the Senate over the allegations of sexual misconduct with underage girls. Should this happen, it would mean Alabama Gov. Kay Ivey would have to appoint another interim senator.
Former acting solicitor general Neal Katyal wrote in The Washington Post that "one of the leading candidates… would have to be none other than the person who was last elected to that very seat," current U.S. Attorney General Jeff Sessions.
President Donald Trump already has expressed dissatisfaction with Sessions for his choice to recuse himself from the Justice Department’s probe into Russian election interference. If he were to leave Trump’s administration, the president could appoint a new attorney general who could shut down the investigation without even firing Mueller.
"Mueller serves under regulations that govern the appointment of a special counsel," Katyal wrote. "I had the privilege of drafting those regulations nearly 20 years ago. We all knew at the time that they were the creation of the attorney general, and could therefore be revoked by the attorney general, too. So a new attorney general could simply repeal the regulations. Mueller would go poof, and his investigation would cease."
Katyal suggests that the Senate "commit… to hiring Mueller as its own investigator if the Trump administration has him removed."
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