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He may have his man in Solicitor General Noel Francisco, a little-known Trump appointee who happens to have an ax to grind against the FBI — and who could become Mueller’s boss through one angry presidential impulse. Francisco even has a specific grudge against former FBI Director James Comey, whom — much like Trump — he has accused of partisan bias. That has compounded prior concerns among Democrats about Francisco’s political independence and whether he might obey an order to either sack Mueller or constrain his investigation. “I don’t think we know enough to be confident,” said Eric Columbus, a former senior Obama Justice Department official. “I doubt he would fire Mueller but could limit him, which has always been the greater concern." Many legal experts believe Trump lacks the constitutional power to fire Mueller directly and that he must order the Justice Department to do so. With Attorney General Jeff Sessions recused from the Russia probe, Mueller’s supervisor is Deputy Attorney General Rod Rosenstein, who has told Congress he would fire Mueller only for clear misconduct. Rosenstein has also granted Mueller wide latitude to pursue his investigation — infuriating Trump, who is reportedly considering Rosenstein's ouster. Under Justice Department rules, Rosenstein’s successor should be the department's third-ranking official, the associate attorney general. But the last occupant of that job, Rachel Brand, departed in February and has not been replaced. Get breaking news when it happens — in your inbox. By signing up you agree to receive email newsletters or alerts from POLITICO.
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