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In 2016, Supreme Court justice nominee Brett Kavanaugh, during an interview hosted by conservative think tank American Enterprise Institute volunteered that he would like to put the “final nail” in Morrison v. Olsen. This near-unanimous 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 SCOTUS 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 likely 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 your Senator vote no on Kavanaugh.

Rob Portman R-OH: 202-224-3353

Sherrod Brown D-OH: 202-224-2315

Your script:

Hi, my name is [NAME] and I’m a constituent from Dayton.

I am calling to demand [SENATOR NAME] vote no to confirming Brett Kavanaugh. His open support for overturning SCOTUS decisions that could adversely affect the Special Counsel make his appointment unacceptable.

[IF LEAVING A VOICEMAIL: please leave your full street address to ensure your call is tallied]*


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