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H.R.197 / S.71 - The Special Counsel Independence and Integrity Act

Photo of Congress member Representative Jerrold Nadler

To ensure independent investigations and judicial review of the removal of a special counsel, and for other purposes.



You might favor this bill if:
►  You believe that a special counsel should not be removed by the president, or the executive branch, without first notifying congress. In case of the termination of a special counsel, an appeal process must be created, allowing a court of three judges to examine the case and in the case of an appeal to that decision be necessary, the case should be ultimately heard by the Supreme Court.

You might oppose this bill if:
►  You believe the executive branch, and therefore the president, should continue to have the ability to fire any special counsel, even if there are potential conflicts of interest. The President of the United States has the constitutional ability to fire or remove a special counsel, even if there is an ongoing investigation underway.


The Special Counsel Independence and Integrity Act would set the terms behind the removal of a special council. The terms would notify Congress before any removal of a special counsel and, in case of an appeal, allow a court of three judges to review the removal. The law, if enacted, would apply to all special counsels appointed after Jan 1st, 2017, meaning it would apply to Special Counsel Mueller.

Special Counsel Mueller is now in charge of the Russian probe investigation into the allegations that Russia interfered into the 2016 presidential elections and will possibly interfere with future elections.

This bill was originally introduced during the past session of Congress, but failed to be heard on the Senate floor since Sen. McConnell refused to bring it to floor on the terms that he thought the bill was not only unconstitutional, but he personally thought the Special Counsel was not under danger of being fire by President Trump. Sen. McConnell continues to oppose the bill, making the chance of passage slim.

As the Special Counsel continues his investigation, with the indictment or guilty pleas of over 34 individuals, including President Trump's former campaign chair, former lawyer, former National Security Advisor, former campaign aides, and advisors, among other, the uncertainty of his removal grows.

Several Republican Congress members have co-sponsored the legislation, most notably among them Sen. Thom Tillis [R-NC], Sen. Susan Collins [R-ME], and Rep. Walter Jones [R-NC]. In the past, both Sen. Lindsey Graham [R-SC] and Sen. Thom Tillis [R-NC] had introduced legislation with the intent of protecting the special counsel, but the bills were never presented for a vote on the Senate floor.

H.R.197

Sponsored by: Rep. Nadler, Jerrold [D-NY-10].

Cosponsored by: 1 Rep / 125 Dem.

See list of cosponsors.


S.200

Sponsored by: Sen. Graham, Lindsey [R-SC].

Cosponsored by: 3 Rep / 2 Dem.

See list of cosponsors.

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