MEMORANDUM
– August 1, 2017
TO: President Donald J. Trump
FROM: The Department of Justice
RE: Firing of Robert Mueller
Dear
Mr. President:
I acknowledge receipt of your memorandum
of July 29th requesting that I fire Robert Mueller from his position
as special counsel regarding the department’s investigation into the illegal
involvement of Russia in the 2016 presidential election.
First off, I’d like to say what an honor
it is to receive such a memorandum from you. In my almost 35-year tenure at the
department, I can say with certainty that this is the first time I have ever
received a communication from a sitting president.
I
recall that my predecessor Joe Smith did receive a short note of
congratulations from President Obama upon the occasion of his retirement from
the department back in 2013. But I can’t recall anyone in my position receiving
an official memorandum. Believe me; I
will cherish your communication for the rest of my life.
But enough about me. As for the
substantive matter at hand, let me just briefly summarize recent events. As I
understand it, you want Special Counsel Robert Mueller fired but Attorney
General Jeff Sessions couldn’t do it because he has recused himself from
anything to do with the Russia investigation.
Further, I understand that you then asked
Deputy Attorney General Rod Rosenstein to fire Mr. Mueller but that he, too,
recused himself on the basis that your direction to him to provide a memo
recommending the firing of former FBI Director James Comey inadvertently
involved him in the Russia investigation.
Apparently you then asked the Associate
Attorney General, that nice Rachel Brand from the fifth floor, to carry out
your order. Last I heard, she also declined and rumor has it that you fired
her.
At this point, things get a bit unclear
but I am given to understand that the Acting Solicitor General Jeff Wall was
then directed in early July to fire Mr. Mueller. Members of my staff have
reported to me that Mr. Wall’s office has been empty for the last three weeks
and I must therefore assume that he either quit or was fired.
Since then, there has been a series of dismissals
from almost every floor including the Director of Legal Policy, the Director of
the Criminal Division and the head of the Office of the Inspector General.
Numerous additional subordinate employees have also apparently been let go.
I recognize the importance of your
request, Mr. President, but I must point out that as you have made your way
rapidly through the department’s org chart, we have lost dozens of employees
over the last couple of weeks. This has necessitated a significant amount of overtime
work by our maintenance and cleaning staffs and I’m sure that you, as a deficit
fighter, are as concerned about the added expense as I am.
Anyway, enough said about that. I
understand that you are writing to me as next in line and directing me to fire
the special counsel.
Mr. President, rest assured that I have
given your request careful consideration and have consulted with my colleagues
in the maintenance and cleaning sections. Much as I would like to accommodate
you, I am not able to do so.
First, I am not convinced that the chain
of command reaches as far down as my position. Second, there is the issue of my
collective agreement which I believe precludes me from exercising management
responsibilities in the absence of a formal acting appointment. And finally,
sir, with all due respect, I must inform you that I find your direction to be
of questionable legality (see United
States v. Mitchell, 418 U.S. 683 (1974)).
I hope that my refusal to carry out your
order will not result in my termination. However, if it does, I respectfully
request that you do not then direct my subordinate Helen Powers, the Assistant
Deputy Cleaning and Maintenance Officer, to fire Mr. Mueller. She has had a
very busy month cleaning out all the empty offices and does not need the added
stress.
Yours
truly,
Fred
Jones, Chief Cleaning and Maintenance Officer
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