“You are mistaken. Sessions is in charge of the DOJ. Trump cannot legally command Sessions to obey him.”
The hell he can’t. The DOJ is not some independent agency that does not answer to the president. It is long established that the President may direct an investigation, or he may stop one. It happened as far back as Jefferson.
The president IS the chief executive. And sure firing is a recourse.
But yes, the president may give a direct order to anyone in the executive branch, and fire them for their refusal.
Laughable that the president cannot legally command him. What in the law do you base that laughable idea on?
I base that correct idea on the testimony of people who know more about the law than you do. I recommend the entire article. Everyone agreed with Mukasey.
Judge Michael Mukasey (former U.S. Attorney General, 2007-2009, under George W. Bush; U.S. District Judge, 1987-2006, appointed by Ronald Reagan; partner, Debevoise & Plimpton)
Asked in a telephone interview whether Trump could order that a special prosecutor be appointed, No, thats not within his powers. I think he said, I would direct my attorney general to exercise the power to appoint a special counsel. The AGs proper answer would then be, Ill think about it. Or Ill review the facts,’ Mukasey said. [His point is that the attorney general must exercise independent discretionnot merely carry out the Presidents whims.]
http://fortune.com/2016/10/10/donald-trump-special-prosecutor-hillary-clinton/