Crossing the Rubicon?
As with many controversies under President Donald Trump, it is difficult to determine the exact balance between conspiracy and incompetence in unethical and possibly illegal behavior with this White House. The termination of former FBI Director James Comey came after damaging testimony from Sally Yates on the White House’s handling of Michael Flynn’s foreign entanglements and at the same time reports of subpoenas had been issued in the Flynn investigation. Multiple reports indicate that the firing had been contemplated for the last week, which would also coincide with reports that Comey was seeking additional resources to further his investigation.
Today, a number of press accounts citing multiple sources have reported that Comey was seeking more resources and personnel for the investigation into Russian meddling in the 2016 elections and possible ties to Trump associates. The New York Times stated that the request was for significantly more resources last week and was directed to Rod Rosenstein, who was sworn in about two weeks ago. A Justice Department spokesperson has denied these reports, but this seems to be either another lie from the White House or perhaps a misstatement due to a lack of communication and coordination. According to the Times’ sources, Comey had hoped that Rosenstein would enable to FBI to have more resources and accelerate the investigation — a plan the former director had briefed to Congress.
Reporting from CNN states that multiple White House officials acknowledged that Trump was considering terminating Comey as early as last week, an assessment supported by Trump’s tweets on May 2. Those involved in the discussions concerning terminating Comey included, according to CNN, Attorney General James Sessions and his deputy, Rosenstein. This account portrays more of a decision in search of a justification rather than an honest examination of the facts. According to The New York Times, this was a widely held interpretation in Washington last night, including among FBI officials. According to the Times, the White House “’saw an opening’” — a direct quote from a White House official — after Comey misstated the exchange of emails between Clinton’s aide Huma Abedin and Anthony Weiner. Also according to this account, Chief of Staff Reince Priebus argued against the decision. Politico also cites several sources that claim that the White House was seeking a rationale for a predetermined decision. The Wall Street Journal also cited a source that said the president had become frustrated by Comey’s refusal to dismiss collusion between the Trump campaign and Russia during the elections.
A number of accounts in the press use terms like “frustration” and “rage” to describe the president’s mood over recent weeks. The White House has also repeatedly pushed for the FBI to investigate leaks, and has been unsatisfied with Comey’s efforts in this regard. Politico also reports that Trump’s decision began to develop one week ago. According to Politico’s account, Trump was angered by Comey’s statement that the FBI was investigating the president’s campaign and also that the former director would not corroborate the president’s baseless claims that Obama had wiretapped his phones. This allegation, which the president could declassify if true and has failed to do so, has played a part in previous White House interventions in the investigation of Russia’s role in the 2016 elections. Also according to Politico, Roger Stone allies have claimed that he has advocated the firing of Comey. Stone, as well as Carter Page — both subjects of the investigation — have expressed support for the decision.
The White House continues to decline from providing details behind the president’s claim that Comey gave assurances supposedly three times that Trump was not a subject of the FBI’s investigation. Any discussion with the president concerning the scope of the investigation as regards the president’s role in any wrongdoing would have been inappropriate. Moreover, The Wall Street Journal citing associates of Comey reports that the former director did not discuss the investigation with the president as he believed that would be at least unethical and possibly illegal. This account also references the tweets alleging that Obama surveilled the Trump campaign as a source of contention between Trump and his former FBI director.
As Jim Sciutto just expressed on CNN, the White House’s story has shifted from internal DoJ reviews of Comey’s effectiveness last night to a gradual erosion of confidence in the former director. This latter story would run contrary to public comments from the president, both as the president and the president elect, as well as other members of the administration.
It is necessary to learn if the FBI’s resource request has been fulfilled by the Department of Justice. There is bipartisan consensus that the investigation needs to continue. Rosenstein should also be asked what role the White House had in his unusual memo criticizing the director of the FBI. Sessions should also be asked about his role, in particular given his forced recusal from the investigation due to his misleading testimony regarding contacts with the Russians. Lastly, Trump’s claim that Comey assured him the investigation did not include the president needs to be either verified or dismissed. If these claims are true, then Comey did something quite inappropriate. If not, then the president has lied to the public regarding the investigation in an inexcusable way. Moreover, we have been dealing with Trump’s lies about surveillance from the previous administration for two months now. This matter needs to be decisively addressed as well.
