History of Mueller, Comey likely insufficient cause for recusal
Both are known for their integrity
WASHINGTON — Robert Mueller, the somber-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 Mr. Mueller from credibly serving as special counsel in charge of the Russia investigation. Most recently, in an interview that aired Friday on “Fox & Friends,” Mr. Trump claimed Mr. Mueller was “very, very good friends with Comey, which is bothersome.”
The emphasis on their ties, besides being aimed at undermining Mr. Mueller’s credibility and the legitimacy of his investigation, could also be an attempt by Mr. Trump to make the case for an eventual dismissal of Mr. Mueller on conflict of interest grounds.
But the truth is more complicated.
Mr. Mueller and Mr. 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 Mr. Comey describing Mr. 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 Mr. Mueller’s removal.
“Jim has never been to Bob’s house. Bob has never been to Jim’s house,” said David Kelley, who succeeded Mr. Comey as U.S. attorney in Manhattan and has known him and Mr. 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 wouldhave been available to Deputy Attorney General Rod Rosenstein — who himself has known both men for years — when he appointed Mr. Mueller last month to run the investigation into potential coordination between Russia and the Trump campaign. That probe is also expected to explore the circumstances of Mr. Trump’s firing of Mr. 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 Mr. 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.