Trump tried to prosecute Clinton, Comey
Former White House counsel said asking for probe was a bad idea
WASHINGTON — President Donald Trump on multiple occasions last spring raised with Deputy Attorney General Rod Rosenstein and Matt Whitaker, who was then chief of staff to Attorney General Jeff Sessions, whether the Justice Department was progressing in investigating Hillary Clinton, according to a source familiar with the matter.
The president also wanted his previous White House counsel, Don McGahn, to ask the Justice Department to prosecute Ms. Clinton on numerous occasions, but Mr. McGahn rebuffed him, the source said.
Anticipating the question about Ms. Clinton would be raised, Mr. Whitaker attended a meeting prepared to answer with what Justice was doing on Clinton-related matters, including the Clinton Foundation and Uranium One investigations, the source said. The source added that Mr. Whitaker was trying to appease the president but did not seem to cross any line.
The New York Times first reported on Mr. Trump’s requests to Mr. McGahn to prosecute Ms. Clinton, as well as former FBI Director James Comey.
Mr. McGahn told the president he had no authority to order such a
prosecution, and he had White House lawyers prepare a memo arguing against such a move, The Associated Press confirmed with a person familiar with the matter. Mr. McGahn said that Mr. Trump could request such a probe but that even asking could lead to accusations of abuse of power, the newspaper said.
William Burck, a lawyer for Mr. McGahn, issued a statement following the Times report that said the president hadn’t ordered prosecutions of Ms. Clinton or Mr. Comey.
“Mr. McGahn will not comment on his legal advice to the president. Like any client, the president is entitled to confidentiality. Mr. McGahn would point out, though, that the president never, to his knowledge, ordered that anyone prosecute Hillary Clinton or James Comey,” Mr. Burck said.
Mr. Trump has repeatedly and publicly called on the Justice Department to investigate Ms. Clinton, and he has tweeted his dismay over what he saw as Mr. Sessions’ reluctance to go after Ms. Clinton. Mr. Trump’s former lawyer, John Dowd, urged Mr. Rosenstein in a memo last year to investigate Mr. Comey and his handling of the Clinton email investigation.
Mr. Sessions last year said he was directing senior federal prosecutors to look into matters raised by House Republicans related to the Clinton Foundation and the uranium mine transaction benefiting the foundation that was approved when Ms. Clinton was secretary of state. The FBI has been investigating that matter. Mr. Sessions, in March, told lawmakers that he was not prepared to appoint a special counsel to investigate the FBI and potential political bias there.
Reached Tuesday by CNN analyst Josh Campbell — who formerly served as an aide to Mr. Comey at the FBI — Mr. Comey said he was shaking his head at reports the president wanted the Justice Department to investigate him, Mr. Campbell said on CNN’s “Anderson Cooper 360.”
“This is what had him worried then. This is what he’s been so vocal about now and speaking out,” Mr. Campbell said.
Mr. Campbell said Mr. Comey noted that he was pleased The New York Times made clear in its story that he had not divulged classified information, a claim Mr. Trump and his allies have made.
The Justice Department and the White House did not immediately respond to requests for comment.
Mr. McGahn left the White House in October, a long-planned departure that followed a tenure marked in part by friction with the president.
CNN reported prior to Mr. McGahn’s official exit that Mr. Trump was unnerved about the extent of Mr. McGahn’s personal cooperation with the Mueller investigation — cooperation that included some 30 hours of interviews with special counsel Robert Mueller’s team.
Mr. Whitaker was tapped as acting attorney general over Mr. Rosenstein after Mr. Trump fired Mr. Sessions earlier this month. Democrats have decried Mr. Whitaker’s appointment in part because of his previous comments criticizing Mr. Mueller’s investigation, which he now supervises.
Mr. Trump said during his campaign that he would seek to use the presidency to direct an investigation against Ms. Clinton, and since taking office he has repeatedly railed against the Justice Department for the special counsel investigation’s focus on his associates rather than investigations into his political opponents.
Presidents typically go out of their way to avoid any appearance of exerting influence over Justice Department investigations.
Mr. Trump has continued to privately discuss the matter of prosecuting his longtime adversaries, including talk of a new special counsel to investigate Ms. Clinton and Mr. Comey, the Times said, citing two people who had spoken to Mr. Trump about the matter.