Posts Tagged ‘Don McGahn’

The Mueller Report: I read it for you, but you should read it for yourself. pt. 8

July 10, 2019

 

The President Orders McGahn to Deny that the President Tried to Fire the Special Counsel

            Mr. Trump apparently obstructed justice to cover up an attempted obstruction of justice meant to hide his earlier obstruction of justice.

            As we saw in Volume One of the Special Counsel’s report, there were many contacts between official and unofficial agents of the Russian government as part of Russia’s efforts to hurt Hillary Clinton and to help elect Donald Trump.  Sometimes the Trump campaign personnel might have been unaware or uncertain as to who was ultimately pulling the strings, such as when Roger Stone colluded with WikiLeaks without necessarily knowing for certain that their source Gruciffer 2.0 was in fact Russian military intelligence.  Other times, such as Donald Trump Jr.’s meeting at the Trump Tower, they definitely did know they were working with the Russian government to affect the outcome of elections in the United States, and eagerly cooperated.  During the campaign some of these efforts came to the knowledge of the U.S. intelligence community, but GOP leaders such as Sen. McConnell worked to cover them up.  After the election, counterintelligence and criminal investigations continued, eventually leading to a number of indictments, arrests and convictions, with fines exceeding the costs of the investigations themselves according to official figures cited by the White House.  Among these was the investigation and conviction of Michael Flynn for lying to the FBI under oath.  Mr. Trump’s attempts to interfere with this investigation became the first possible obstruction of justice incident discussed in Volume Two of the Mueller report.  Trump’s involving himself in that investigation led to questions of his own complicity, and his efforts to squash those questions involved him in more potential acts of obstruction of justice, and ultimately compelled the appointment of a Special Counsel.  This in turn led to still more acts of potential obstruction, including his efforts to fire Special Counsel Mueller, efforts that were thwarted primarily by the fact that those around Trump refused to follow his instructions.

            In late January 2018, The New York Times reported that Mr. Trump had ordered Don McGahn to fire Robert Mueller based on bogus allegations of conflict of interest, and that McGahn had threatened to resign rather than carry this order out.  The Washington Post later corrected that story, reporting that McGahn had not in fact told Trump he would resign rather than carry out his instructions.   In response to these reports, Trump ordered McGahn to publicly deny that he had ever attempted to have Mueller fired, and that the entire story was “fake news.”  He also instructed that McGahn should write out a memo stating that Trump had never ordered Mueller be fired, so the White House would have the statement for their records.  As we have seen, the Mueller report concluded, based on multiple eyewitness accounts given under oath, that something like the Post report was true:  Trump did demand that Mueller be removed and McGahn had refused to carry though on those instructions.  He had not threatened to resign, however, so the Times version was wrong on that point alone; he had discussed resigning with others and had been talked out of it, and in the end Trump had given up on his efforts to fire Mueller.  McGahn therefore said that he would not dispute the press reports since they were mostly accurate.  Trump repeatedly insisted that he had never said Mueller should be fired, largely disputing whether he had used the word “fired.”  McGahn countered that his memory was that regardless of the exact words, the order itself was as reported, that “Mueller has to go;” and furthermore, he had taken notes of the conversations to help his memory.  Trump demanded to know why McGahn took notes; McGahn replied that he was “a real lawyer” and real lawyers take notes of important meetings and conversations.  Trump sent intermediaries to McGahn to tell him he’d be fired if he didn’t make a public statement disputing the Times and Post reports; he replied that the President* wouldn’t dare fire him because the optics would be terrible.  McGahn also said that he thought Trump was “testing his mettle” by repeatedly challenging his memory of their conversations, since it was so obvious that he was certain and would not change his mind.

            In analyzing this episode, the Special Counsel considered the following elements:

1.     Obstructive Act:  The report specifically examines the repeated efforts to not only get McGahn to deny the New York Times story, but to create a written record denying the account which the White House could keep, in Mr. Trump’s words, “for our records.”  Did Trump genuinely and simply have a different recollection of events?  Or was his continual effort to get McGahn to create a record different from what he had told the FBI part of an effort to create a false story which could be used to undermine McGahn if he testified truthfully about these events?  While the report states, “There is some evidence that….the President believed the stories were wrong and that he had never told McGahn to have Rosentein remove the Special Counsel,” it continues, “Other evidence cuts against that understanding of the President’s conduct.”  This latter evidence includes McGahn’s behavior at the time, which is consistent with his having been given instructions to have Mueller fired and resisting those orders, as well as the repeated efforts by Trump to have others push for Mueller’s removal for what they themselves regarded as “silly” and insubstantial reasons.  Furthermore, there was Trump’s careful language; he didn’t so much deny to McGahn that he had wanted Mueller removed, but rather that he had used the word “fired.”  He didn’t deny to McGahn that he had suggested that “Mueller has to go,” for example.  Finally, the report states that even if Mr. Trump had sincerely believed that McGahn’s memory was faulty, he knew full well that McGahn was convinced that he had told the truth and that the Times and Post reports were essentially correct, and that he would have no part in refuting them for that reason.  Continuing to push McGahn and even threatening to fire him if he did not make a written statement he believed to be false seems designed to make it difficult for him to testify to what he thought to be the truth.

2.     Nexus to an official proceeding:  When the Times story broke, there was already a grand jury investigating several obstruction-related events, and Trump was even roughly aware of what those were because his personal lawyers had been discussing his possible testimony.  Trump’s attempt to get McGahn to write a letter “for our records” which McGahn thought to be false goes well beyond the sort of “press strategy” he used to try to cover up the Trump Tower meeting between his aides, family and Russian agents.  The only reason to need a written record was to use in possible legal proceedings; therefore, the nexus exists and the written letter Trump desired would have been pointless if it did not.

3.     Intent:  The report cites extensive evidence that Trump’s intention was not to test McGahn’s memory or even to challenge it, but to change his possible testimony regarding Trump’s efforts to undermine and influence the Mueller investigation.  In particular, Trump’s alarm that McGahn had written notes at the time to help ensure his memory remained accurate is damning.  If Trump were interested in the truth, he would have welcomed such attention to accuracy; instead, he was angry because he feared it could create more legal problems for him.  Simply put, the evidence is that he feared the truth and wanted McGahn to cooperate in creating a false story that would protect Mr. Trump from an obstruction-of-justice charge stemming from his efforts to end the Mueller investigation by getting rid of Mueller himself.

            While the initial incident, asking Comey to go easy on Flynn, could be seen as fairly petty, that initial misstep has led to graver acts of obstruction of justice.  At this point, by attempting to force McGahn to testify falsely as to his own memory, Donald Trump appears to be suborning perjury.  Whether this “appears” is ever proven one way or the other depends on whether there is ever an impeachment inquiry or criminal trial at which evidence could be presented by and against Mr. Trump and a fair, open determination made.

The Mueller Report: I read it for you, but you should read it for yourself. pt. 7

July 2, 2019

The President’s Further Efforts to Have the Attorney General Take Over the Investigation

From summer 2017 through 2018, Mr. Trump pressured Attorney General Jeff Sessions to reverse his recusal, take control of the Special Counsel’s investigation into Russian subversion of our nation’s elections (and specifically of Russia’s intense campaign to help elect Trump, an effort that included over 200 contacts between Trump’s campaign and Russian operatives), and to order an investigation of Hillary Clinton despite the fact that multiple investigations by the FBI and Republican-controlled Congress had not found any significant wrongdoing. This episode includes more examples of Trump’s own people thinking his orders were so irrational or illegal that they simply refused to carry them out. Jeff Sessions testified that Trump asked in July 2017 to “unrecuse himself” so that he could order an investigation of Ms. Clinto, and to unrecuse from “all of it” including the Russia investigation in which he was himself both witness and potential target. About that same time Mr. Trump asked Staff Secretary Rob Porter about Associate Attorney General Rachel Brand, and specifically whether she was “on the team” and whether she would like to be responsible for the Special Counsel’s investigation and whether she would want to be Attorney General.   Porter considered the idea of reaching out to her in this manner to be inappropriate, and did not do as the President ordered. It seems that the Deep State that Mr. Trump complains is undermining his efforts to be the Best President Ever is made up largely of his own advisors and staff refusing his demands. Don McGahn and Hope Hicks both testified that Mr. Trump regarded Sessions as disloyal for having recused himself from the Russia investigation, since it meant he wouldn’t be able to shield Trump or to prosecute those he wished to target. From October through December Trump repeatedly asked Sessions to “unrecuse” like Ralphie trying to get a Red Ryder BB Gun. He was always careful not to demand it, but to suggest, request, ask him to think about it, and then tweet about how unfair and incompetent it was that no one was investigating Clinton while he was being so sorely persecuted, or suggest in press interviews that his AG was less loyal than others because he didn’t protect him. Finally, after a year and a half of public statements and private pressure on Sessions to block investigation of Russian contacts with his campaign, and to investigate his rival instead, Mr. Trump finally fired Jeff Sessions.

Mr. Mueller considered the following elements to be relevant to the question of obstruction of justice:

  1. Obstructive Act: Would having Sessions reverse his recusal and take charge of the investigation naturally impede its activity? Mueller did not ask what Sessions would or would not do if he had unrecused himself; there is no way to know. Instead, he asked whether the President*’s actions to get him to do so would themselves have had the natural effect of impeding the Russia investigation. In this regard, the report states, “On multiple occasions in 2017, the President spoke with Sessions about reversing his recusal so that he could take over the Russia investigation and begin an investigation and prosecution of Hillary Clinton… The duration of the President’s efforts—which spanned from March 2017 to August 2018—and the fact that the President repeatedly criticized Sessions in public and in private for failing to tell the President that he would have to recuse is relevant to assessing whether the President’s efforts to have Sessions unrecuse could qualify as obstructive acts.” This does not directly state that yes, there was an obstructive act. However, had Sessions taken over the investigation, it would have been with the understanding that he would not look at what Trump did not want examined, and that he was to look at whatever Trump did want investigated. In other words, had Sessions followed the President’s request to take over, he would have been doing so with full knowledge that his taking over was to allow the President to control the investigation for his own ends.
  2. Nexus to an official proceeding: While all these efforts to meddle were going on, there were two grand jury investigations which could have been affected. Again, the report does not directly say that they would have been affected, but only that the public and private statements of Mr. Trump were that he wanted Sessions to take over so he could affect these investigations.
  3. Intent: The report states, “There is evidence that at least one purpose of the President’s conduct toward Sessions was to have Sessions assume control over the Russia investigation and supervise it in a way that would restrict its scope.” He knew by then that he was already under investigation for possible obstruction of justice in his efforts to protect Michael Flynn, and that his son Donald Jr., his son-in-law Jared Kushner and his former campaign manager Paul Manafort were also under investigation. Mr. Trump continually complained to Sessions and others that he was not being treated “fairly” and that he wanted his opponent investigated and prosecuted for something. The report concludes that it is “a reasonable inference…that the President believed that an unrecused Attorney General would play a protective role and could shield the President from the ongoing Russia investigation.”

Mr. Trump has stated repeatedly that be thinks the job of the Attorney General is to be the personal attorney for Donald J. Trump at taxpayer’s expense, not to do the business of the people and government of the United States of America in an impartial and nonpartisan manner. Up until the time that Mr. Sessions was fired and replaced by William Barr, Trump’s efforts to use the Attorney General for personal and partisan business was thwarted by those around him who did not want to be involved in potential obstruction of justice, or who simply thought the President was behaving in an irrational and self-destructive manner and thus sought to save him from himself by promising to carry out his fool notions with no intention of actually doing so.

The Mueller Report: I read it for you, but you should read it for yourself. pt 5

June 26, 2019

The President’s Efforts to Curtail the Special Counsel Investigation

We may never know why Mr. Trump ordered Mueller to be fired, then changed his mind. Did he give the order in a fit of temper and either reconsider or lose interest once he’d calmed down a bit? Was he eventually persuaded that his concerns about conflicts of interest were so flimsy they would only embarrass him if he kept pushing them? Does he in fact have so little attention span that he simply forgot, as some books have suggested? Or did he decide that derailing Mueller’s investigation would work better than sacking him? Perhaps an impeachment inquiry or criminal prosecution after he leaves office will reveal more, if Mr. Trump is compelled to testify under oath. What we do know, however, is that the efforts to shut down the investigation were not limited to trying to get rid of the chief investigator.

Two days after McGahn refused to order Rosenstein to fire Mueller, Mr. Trump ordered Corey Lewandowski to take a message to Jeff Sessions ordering him to unrecuse himself and take charge of the investigation. The idea was not to simply shut it down, but rather to forbid the FBI from actually investigating any crimes; instead they were to only look at what the Russians had done and how to prevent them from doing it again, without considering whether Trump or anyone else had committed any crimes. This was unusual since Lewandowski had no government position and hence had no real reason to be carrying instructions or memos between the White House and the Department of Justice, aside from the fact that he was known for being utterly loyal to Mr. Trump and hence perhaps more likely to do as he was told. Trump dictated a letter to Sessions stating that Sessions was to announce that since the President was being treated very unfairly, he had decided to unrecuse himself; furthermore, unless Sessions made this statement as dictated and restricted the investigation as instructed, he would be fired. Lewandowski decided that, given the sensitive nature of this message, he should hand it to Sessions in person; but after several unsuccessful attempts to arrange a meeting where he could do so, he decided to give the memo to Rick Dearborn, a senior White House official who had a dinner appointment with Sessions. Lewandowski says that while he thought Trump had tasked him with delivering this message because of his loyalty, Dearborn would be able to do it better because he actually did work for the government and had a long relationship with Sessions. However, when Dearborn saw the message he was to deliver, he became extremely uncomfortable and did not deliver it; although he said he had “handled the situation” he in fact refused to deliver the message and instead threw it away. At this same time Mr. Trump, not knowing the speech he intended Sessions to deliver had not been passed to him, called an impromptu news conference to talk about how “unfair” it was for Sessions to recuse himself from the Russia probe, and to state that Sessions might not be allowed to continue as Attorney General. Trump followed this up by demanding that Reince Priebus, his Chief of Staff at the time, fire Sessions. Ostensibly this was because Sessions had falsely denied discussing campaign-related matters with the Russian ambassador, but those around him believed the real reason was what Trump had been saying for months: his anger over Sessions’ recusal from the Russia investigation. Priebus resisted, and when Trump insisted Priebus lied and said he’d get Sessions to resign even though he had no such intention. Eventually he was able to convince Trump that if they fired Sessions the second and third ranking people at DOJ, Rosenstein and Rachel Brand, would also resign, and that he would be unable to get anyone confirmed by the Senate to replace them.

The testimony given under oath to Mueller paints a picture of chaos and dread. Hope Hicks said she wanted to “throw herself” between Trump and the press during his July 19 interview lambasting Sessions, but he loved it and loved the coverage it got afterwards. Priebus and McGahn discussed resigning rather than go along with the plan to fire Sessions. Sessions wrote out another letter of resignation and carried it with him whenever he went to the White House after these events. Again, the only thing that prevented a major Constitutional breakdown, with possibly the entire leadership of the Department of Justice resigning , was the refusal of Trump’s underlings to obey orders they thought were “all wrong.” At times they lied and stalled until his temper cooled down, other times they kept trying to talk him out of whatever self-destructive, government-destructive action he was demanding. The whole time he seems to have been loving the press coverage his attacks on Sessions were getting, and his major concern was to time his actions so as to avoid bad coverage during the Sunday news programs.

In considering whether Trump’s efforts to have Lewandowski deliver an ultimatum that he either rein in the Mueller investigation or be fired, the Special Counsel considered the following elements:

  1. Obstructive act: Would these actions naturally obstruct the investigation and any grand jury proceedings that might flow from the inquiry? Undoubtedly; Mueller writes that “Taken together, the President’s directives indicate that Sessions was being instructed to tell the Special Counsel to end the existing investigation into the President and his campaign…” so the entire point of the President’s actions was to obstruct the investigation.
  2. Nexus to an official proceeding: It was public knowledge that there was already a grand jury investigation of the Trump campaign by this time. We don’t know too much about that because this part of the report is redacted.
  3. Intent: Mueller writes: “Substantial evidence indicates that the President’s effort to have Sessions limit the scope of the Special Counsel’s investigation to future election interference was intended to prevent further investigative scrutiny of the President’s and his campaign’s conduct.” Or to put it bluntly: Trump was trying to cover up his own past misdeeds and those of his employees. In particular, Mueller notes that Trump sought to use Lewandowski, someone outside the government who was known to be extremely loyal, to communicate with Sessions, rather than simply talk to him directly or use normal government channels, suggesting that Trump was trying to hide his message to Sessions and to avoid any official record of having communicated with him at all. And it might have worked, if Lewandowski had managed to deliver the message himself instead of passing it to Dearborn to deliver. Dearborn was so freaked out when he read the message he was supposed to pass on that “he recalled not wanting to ask where it came from or think further about doing anything with it,” and instead lied about delivering it and instead trashed it.

Legal experts agree that the fact that Trump failed to obstruct justice because his staff refused to cooperate (or in the case of Lewandoski bungled the job) does not make it any less a crime, just as we routinely throw terrorists in jail for planning bombing attacks on this nation even when they end up talking to an FBI informant instead.

The Mueller Report: I read it for you, but you should read it yourself. pt. 4

June 26, 2019

The President’s Efforts to Remove the Special Counsel

Of all the consequences of firing Director Comey, the worst from Trump’s perspective was the appointment of a Special Counsel to lead the investigation into Russian subversion of our electoral process. This was, of course, inevitable, given the gravity of the question of the integrity of our elections, the lack of trust most Americans had that the President would address the problem in an honest and impartial manner, the deep concerns of most of the nation’s law enforcement and counterintelligence agencies, and the fact that almost everyone else was either a potential suspect or a witness at this point. This was totally predictable and unavoidable in the view of anyone with any political sense or understanding of how American government works, but it caught Mr. Trump completely by surprise. The report states: “According to notes written by Hunt, when Sessions told the President that a Special Counsel had been appointed, the President slumped back in his chair and said, “Oh my God. This is terrible. This is the end of my Presidency. I’m fucked.’” Given that Clinton survived a Special Prosecutor with far more sweeping powers and far less neutrality than Mueller had, this seems rather melodramatic. He then became angry at Attorney General Sessions for not protecting him. I have to confess, I have to agree to a point, given that Sessions apparently recommended firing Comey and the appointment of a Special Prosecutor to take over the investigation after that was as predictable as a third Sharknado movie.   Several witnesses report that Trump was in a rage, and he demanded Sessions resign. Sessions agreed, wrote out his resignation letter and handed it to Trump. Trump decided let Sessions stay as AG, but refused to return the letter until other advisors pressured him over several days to do so.

All of this seems understandable given Mr. Trump’s well-known temper and political ignorance, and by itself not very significant. His later efforts to hit back at the Special Counsel before he even began his work, however, were more questionable. Trump began pushing for Special Counsel Mueller to be removed, alleging conflicts of interest. His own advisors told him his claims were, in Bannon’s words, “ridiculous and petty” and Department of Justice ethics officials examined the question and found no cause for concern. Despite this, Trump pressured White House Counsel McGahn to push Deputy AG Rosenstein to fire Mueller over these alleged conflicts. McGahn pushed back, telling Trump that firing Comey wasn’t even his “biggest exposure” compared to his “other contacts” and his efforts to end the Flynn investigation. The report goes on to describe increased pressure from Trump to fire Mueller, and apparent efforts by various advisors and staff to derail these efforts by leaking them to the press, refusing to cooperate and so on. McGahn even prepared to resign rather than participate in firing Mueller, though ultimately he was talked out of resigning by Steve Bannon and Reince Priebus. In the end McGahn did not resign, and Trump did not ask him the next day whether he had instructed Rosenstein to fire Mueller as Trump had wanted.

The Special Counsel considered these facts to be relevant to determining whether this behavior constitutes obstruction of justice:

  1. Obstructive Act: The report considers whether firing Mueller would have naturally delayed, chilled or otherwise impeded any further investigation. After all, firing Mueller would probably have meant he was replaced, but even so the investigation could have been crippled. Therefore, the proposed firing could have obstructed the investigation. It is also crucial to consider whether Trump actually ordered Mueller fired, or merely suggested the DOJ investigate these alleged conflicts of interest. Ultimately, the report rejects Trump’s denials that he ordered McGahn to order Rosenstein to fire Mueller; not only did it find McGahn a more credible witness than Trump with no motive to lie, but his other actions supported his story, other witnesses corroborate parts of it, and DOJ was already well aware of the allegations Trump was making and had concluded they were baseless. So Mueller’s office found Trump’s claim that he was merely making a suggestion that they look at these supposed conflicts to be unbelievable, while McGahn’s claim that Trump told him “Mueller has to go” likely true.[1] Thus we have an attempt to perform an act that would be likely to impede further investigation; this attempt was not carried out only because McGahn refused to do as ordered, and Mr. Trump was either persuaded to drop the matter or otherwise lost interest in it, as he lost interest in firing Sessions.
  2. Nexus to an official proceeding: By this time Mr. Trump knew he was under investigation; he had been warned by McGahn of his legal exposure, the Special Counsel’s office had informed the White House that they’d be interviewing witnesses to Trump’s interference in Comey’s investigation, and Trump himself tweeted that he was under investigation. Therefore, he knew there was an official investigation which could be crippled or completely derailed by firing the Special Counsel, yet he sought to do so anyway.
  3. Intent: “Substantial evidence indicates that the President’s attempts to remove the Special Counsel were linked… to reports that the President was being investigated for potential obstruction of justice.” From his immediate “I’m fucked” to his pushing previously refuted allegations against Mueller and finally to his ordering Mueller be fired, it is clear that he was primarily concerned with protecting himself; and his later denials of having ordered McGahn to fire the Special Counsel suggest he knew the order could be seen as improper.

Once again, the report cites the existence of all three essential ingredients of an obstruction of justice: the act itself, the investigation to be obstructed, and the intent to do so. Mr. Trump had the desire to end the investigation and discussed “knocking out Mueller” by alleging conflicts of interest which his own people described as “silly” and “not real.” The only reason he did not “knock out Mueller” was that his own staff and advisors, realizing the enormity of his proposed actions (McGahn described it as “crazy shit”) refused to cooperate. Attempted obstruction of justice, like attempted murder, is still prosecutable; whether this act does indeed rise to the level of criminality is something that can only be determined, says Mueller, by an impeachment hearing before Congress, where all evidence can be presented and the President can offer his defense against the charges.

[1] Of course too, McGahn answered questions under oath and in person; Trump has refused to do so.

The Mueller Report: I read it for you, but you should read it yourself. pt. 3(b)

June 21, 2019

As we’ve seen before, Donald Trump was intensely concerned, if not absolutely fixated on getting James Comey and everyone else to proclaim publicly that he was not under investigation, even if government ethics and legal advisors said no such statement should be made before the investigation concluded. He also repeatedly stated that the job of the Attorney General is to protect him from investigation and scandal, to investigate whomever he wants investigated and to not investigate anyone he doesn’t wish investigated. As the FBI investigation into Michael Flynn unfolded, Trump became increasingly concerned that he might be publicly implicated and increasingly active to try to control the investigation and the public perception of it. The investigation into Flynn not only led to probable obstruction of justice (I say “probable” because there has been no impeachment inquiry to determine one way or the other) but also to further possible crimes by the Trump election and transition teams, aimed at suppressing investigation of improper assistance from Russia and improper promises made to Russia. Eventually even the Republican-led Senate Judiciary Committee decided they had to see what Comey had to say about these matters. Trump told his advisors this was Comey’s “last chance” to publicly clear him. However, Comey refused to say who was or wasn’t under investigation, citing FBI policy not to comment on ongoing investigations. This infuriated Trump, initially at Sessions for not protecting him more. Sessions then seems to have suggested firing Comey as a way to deflect Mr. Trump’s ire. Trump then decided to get rid of Comey, despite being advised by Steve Bannon that this was a bad idea and that it would not end the investigations.

Trump initially drafted a letter firing Comey, mentioning that Comey had privately told him he was not under investigation but still saying he was a failure. His advisors urged him to let Comey resign, but Trump was determined to fire and humiliate him. They then decided that the reasons Trump gave for wanting to fire Comey in the draft letter he’d prepared were not good enough and might look suspicious, so they decided to have Rod Rosenstein write a “recommendation” that Comey be fired for other reasons, including his handling of the investigation of Hillary Clinton’s emails. They decided to use Rosenstein’s draft as the justification for firing Comey even though everyone knew those weren’t the real reasons, to give Trump cover. The only major contribution Trump made to the second letter was to insist it say something about Comey having told him he wasn’t under investigation.

Despite the pretext provided by Rosenstein, the firing of Comey was received badly by the press. After all, Trump had himself endorsed Comey despite knowing previously about his treatment of Clinton and even praising him for it. The other major claim, that Comey had lost the faith of his people at the FBI, was demonstrably false, as quickly seen in the negative reactions to news of Comey’s firing. Furthermore, there was something curiously vindictive about Trump’s actions. Normally, someone in Comey’s position would be allowed to resign; instead, he was fired with no warning, finding out while giving a public speech. Furthermore, Trump was furious that he was allowed to fly back to DC instead of being stranded in California where he had been speaking to new FBI recruits, and further sought to prevent Comey from entering the FBI building even to remove his own personal possessions. This is not how normal people treat employees who haven’t worked out on the job. This is how you treat people you personally hate, The only reasonable explanation is that Trump was trying to make things as humiliating and painful as possible for Comey, either out of vengefulness or to send a message to all other present and future government officials that he would do the same to them if he wished.

The White House story regarding the firing of James Comey quickly fell apart. Sarah Huckabee Sanders was one of a platoon of Republican voices claiming that Comey was distrusted by his colleagues and that most were glad to see him gone; however, these claims were, to put it politely, “without foundation” by her own admission under oath. The claim that Comey was fired for treating Clinton unfairly was laughable, given that Trump had benefited from this, that he had supported Comey in the job for several months while knowing all about this, and furthermore that Comey had been fired not as soon as Trump had the right and power to do so but only after he began investigating Republican actions. When the decision was made to shove Rod Rosenstein out in front of the cameras to tell the world that it was he, and not Mr. Trump who had initially thought Comey should be fired, Rosenstein refused, since it was a lie and he knew it, and furthermore he did not want to be the one seen to be responsible. White House Counsel Don McGahn and the White House Counsel’s office agreed that the White House was creating a false narrative by claiming Rosenstein had initiated the firing, and that it was necessary to set the record straight. The fact that the cover story wasn’t working, coupled with this legal advice, seems to be why Mr. Trump gave the now-famous interview with Lester Holt, wherein he affirmed that he had decided to fire Comey regardless of what was recommended “because of this Russia thing” which was “made-up.”

To be continued….