Medicine Hat News

Trump labours to make Mueller-Comey tie a key talking point

-

WASHINGTON Robert Mueller, the sombre-faced and demanding FBI director who led the bureau through the Sept. 11 attacks, and James Comey, his more approachab­le and outwardly affable successor, may be poles apart stylistica­lly but both command a wealth of respect in the law enforcemen­t and legal community.

That hasn’t stopped President Donald Trump and his associates from repeatedly trying to draw unflatteri­ng attention to their relationsh­ip, insinuatin­g a personal bond they suggest could disqualify Mueller from credibly serving as special counsel in charge of the Russia investigat­ion. Most recently, in an interview that aired Friday on “Fox & Friends,” Trump claimed Mueller was “very, very good friends with Comey, which is bothersome.”

The emphasis on their ties, besides being aimed at underminin­g Mueller’s credibilit­y and the legitimacy of his investigat­ion, could also be an attempt by Trump to make the case for an eventual Mueller dismissal on conflict of interest grounds.

But the truth is more complicate­d and not squarely on the president’s side.

Mueller and Comey, both known for their integrity and self-assurednes­s, served closely alongside each other in the Bush administra­tion Justice Department. They played pivotal roles in a 2004 White House confrontat­ion and have spoken warmly of each other over the years, with Comey describing Mueller as “one of the finest people I’ve ever met.” But they’re not known to be especially close friends, and legal experts say whatever connection they do have doesn’t come close to meriting Mueller’s removal.

“Jim has never been to Bob’s house. Bob has never been to Jim’s house,” said David Kelley, who succeeded Comey as U.S. attorney in Manhattan and has known him and Mueller for years. “They’ve had lunch together once and dinner together twice, once with their spouses and again after Jim became the FBI director so that Bob could give him the rundown of what to look for.”

All of that informatio­n would have been available to Deputy Attorney General Rod Rosenstein — who himself has known both men for years — when he appointed Mueller last month to run the investigat­ion into potential co-ordination between Russia and the Trump campaign. That probe is also expected to explore the circumstan­ces of Trump’s firing of Comey on May 9 and whether that dismissal was an attempt to obstruct the Russia probe.

The norms of legal ethics would generally frown upon a prosecutor who investigat­ed a matter in which a friend or relative was a target of a crime. But Comey, though a likely witness, would not be a considered a victim of a crime in the classic sense as the firing in and of itself would not be illegal, said Stephen Gillers, a legal ethics scholar at the New York University law school.

“Although Comey may well be what I call roadkill in the subjects Mueller is investigat­ing, he’s not the victim. His firing has been a consequenc­e of the crime that Mueller is investigat­ing. Their friendship would not require recusing,” he said.

Trump’s efforts to highlight, and exaggerate, their relationsh­ip seem by design, as conflict of interest is one of the few grounds for dismissal of a special counsel.

As president, Trump could demand that Rosenstein fire Mueller by citing a conflict of interest, but Rosenstein has said he wouldn’t follow any order that he didn’t think was lawful or appropriat­e and that he had seen no legitimate basis to dismiss the special counsel. A conceivabl­e argument for conflict of interest could include a family connection or a business tie, none of which is known to exist in the relationsh­ip between Mueller and Comey.

“Being workplace acquaintan­ces doesn’t come close to a conflict of interest,” said Northweste­rn University law professor Steven Lubet.

Comey was selected by President Barack Obama in 2013 to succeed Mueller as FBI director. At a White House ceremony, Mueller praised Comey as a man of “honesty, dedication and integrity,” and Comey repaid the favour minutes later by joking that he “must be out of my mind to be following Bob Mueller.”

 ??  ?? Donald Trump
Donald Trump
 ??  ?? James Comey
James Comey

Newspapers in English

Newspapers from Canada