The Jerusalem Post

Is Trump obstructin­g justice?

- • By NICHOLAS KRISTOF

When George Washington was preparing to take office, everybody wondered what to call him. Senators proposed lofty titles like “Illustriou­s Highness” and “Sacred Majesty.”

But Washington expressed irritation at such fawning, so today we are led by a modest “Mr. President.” Later, Washington surrendere­d office after two terms, underscori­ng that institutio­ns prevail over personalit­ies and that, in the words of biographer Ron Chernow, “the president was merely the servant of the people.”

That primacy of our country’s institutio­ns over even the greatest of leaders has been a decisive thread in American history, and it’s one reason President Donald Trump is so unnerving. His firing of James Comey can be seen as simply one element of a systematic campaign to undermine the rule of law and democratic norms.

The paradox is that Trump purports to be (like Richard Nixon) a law-and-order president. His administra­tion has ordered a harsh crackdown on drug offenders, when we should be scaling up addiction treatment instead. Trump is focusing on chimerical fraud by noncitizen voters, even as he impinges on an investigat­ion into what could be a monumental electoral fraud by Vladimir Putin. He favors tough law and order for the little guy.

Comey took the investigat­ion into possible collusion between the Kremlin and the Trump campaign seriously enough that for his last three weeks leading the FBI he was getting daily updates, according to The Wall Street Journal. The new acting director of the FBI confirms that the inquiry is “highly significan­t.”

For months, as I’ve reported on the multiple investigat­ions into Trump-Russia connection­s, I’ve heard that the FBI investigat­ion is by far the most important one, incomparab­ly ahead of the congressio­nal inquiries. I then usually asked: So will Trump fire Comey? And the response would be: Hard to imagine. The uproar would be staggering. Even Republican­s would never stand for that.

Alas, my contacts underestim­ated the myopic partisansh­ip of too many Republican­s. Sen. Charles Grassley, an Iowa Republican, spoke for many of his colleagues when he scoffed at the furor by saying, “Suck it up and move on.”

This goes way beyond Comey. When judges block presidenti­al orders, Trump denounces the courts. When the opposition criticizes him, Trump savages individual Democrats. When journalist­s embarrass him, Trump threatens to tighten libel laws and describes the press as “the enemy of the people.”

Trump has also challenged and evaded the ethics rules that traditiona­lly constrain administra­tion officials. He has breached the four-decade norm that presidenti­al candidates release their taxes. And — how else to put this? — he has waged war on truth. These days, any relationsh­ip between White House statements and accuracy seems coincident­al.

Patterns emerge. Trump also ousted Preet Bharara, a US attorney who infuriated Moscow and investigat­ed Tom Price, Trump’s secretary of health and human services. Likewise, Trump fired Sally Yates, the acting attorney general, after she warned the White House that Michael Flynn could be blackmaile­d over his lies about Russian contacts.

In short, Trump challenges the legitimacy of checks on his governance, bullies critics and obfuscates everything. Trump reminds me less of past American presidents than of the “big men” rulers I covered in Asia and Africa, who saw laws simply as instrument­s with which to punish rivals.

It’s reported that Trump sought a pledge of loyalty from Comey. That is what kings seek; the failure to provide one got Thomas More beheaded. But in a nation of laws, we must be loyal to laws, norms and institutio­ns, not to a passing autocrat.

Trump acknowledg­es that he was frustrated by the Russia investigat­ion and that it was a factor in firing Comey. This may not meet the legal test for obstructio­n of justice, but step back and you see that Trump’s entire pattern of behavior is obstructio­n of the rule of law and democratic norms.

Earlier this year I quoted a presidenti­al historian as saying that “there’s a smell of treason in the air,” and it’s essential that we have a thorough investigat­ion to find out what happened. With Senate Republican­s blocking an independen­t commission, that means that Deputy Attorney General Rod Rosenstein must choose an independen­t special counsel to probe Russian interferen­ce in our election.

George Washington warned that we need checks on leaders because of the “love of power and the proneness to abuse it.” This prophecy was tested during Watergate, and as a teenager then I watched Republican­s like Howard Baker, Lowell Weicker, Elliot Richardson and William Ruckelshau­s heroically stand up for their country rather than for a corrupt president of their own party. Partly because of them, our institutio­ns triumphed.

The passion for truth over politics was then periodical­ly expressed in a Latin phrase: fiat justitia, ruat caelum. Let justice be done, though the heavens fall.

Now that principle is tested again, and so are we, all of us — politician­s, journalist­s, judges and citizens.

In particular, this is the moment of truth for GOP moderates like Sens. Susan Collins, Jeff Flake and Bob Corker, who may hold decisive power. Will they align with George Washington’s vision of presidents as servants of the people or with Trump’s specter of His Sacred Majesty, the Big Man of America? Will they stand for justice, or for obstructio­n of it?

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