FOR TRUMP, DEVIL IS IN THE DETAILS
Prez’s legal woes hinge on context
WASHINGTON — Fired FBI Director James Comey’s expected testimony today that President Trump asked for loyalty in exchange for job security, urged him to drop the probe of ex-White House aide Michael Flynn and pushed Comey to publicly state Trump wasn’t under investigation will serve as a key flashpoint in the ongoing legal probes into Russian connections to the president’s campaign team. But though inappropriate, experts say, whether Trump’s actions as described by Comey rise above the high bar of legally actionable misconduct will depend on the details Comey provides today to flesh out his assertions. “It’s hard to express to people who are not steeped in federal law enforcement just how inappropriate these inquiries are,” said Benjamin Wittes, senior fellow at the Brookings Institution and editor of Lawfare. But, he added: “No, they are not illegal.” “I think the comments turn a lot on the context,” North Carolina School of Law professor Michael Gerhardt, who testified during former President Bill Cl i n ton’s impeachment proceedings. “Comey hims e l f said he wasn’t even sure how to interpret them. While it’s pretty clear ( Tr um p ) was saying, ‘I want you to drop this,’ it’s not clear how much intent there is behind it — and for obstruction of justice you need some kind of intent.”
In his opening statement, released by the Senate Intelligence Committee yesterday, Comey does not accuse Trump directly of trying to “influence, obstruct, or impede” the “proper administration of the law.” Those are the essential elements for a federal charge of obstruction of justice.
It is also unsettled if a sitting president can be indicted on obstruction of justice charges, meaning the only avenue to pursue against Trump would be impeachment proceedings.
Impeachment would also be extraordinarily difficult: Only twice have articles of impeachment been brought against presidents — Andrew Johnson and Clinton — and neither ended in a conviction.
But Comey’s testimony will be closely watched by those conducting a series of investigations into Russian meddling and potential Trump team connections.
The ranking member of the House Intelligence Committee said the panel will now focus on whether Trump’s attempt to establish a patronage relationship with Comey ultimately led to his firing.
“The fact that this request, and the subsequent effort to have the director drop the Flynn case, were made after the president excused everyone else from the room, strongly indicates that the president was more than aware of the illegitimacy of such demands,” said Rep Adam Schiff (D-Calif.).
In a statement, Trump’s lawyer Marc Kasowitz said: “The President is pleased that Mr. Comey has finally publicly confirmed his private reports that the President was not under investigation in any Russian probe. The President feels completely and totally vindicated. He is eager to continue to move forward with his agenda.”