Sun Sentinel Palm Beach Edition
After Comey firing, independent inquiry a must
President Donald Trump’s stunning dismissal of FBI director James Comey on Tuesday has created a crisis that can only be resolved with a special, independent investigation.
Neither Republicans nor Democrats will shed tears over Comey’s departure — he bungled the Hillary Clinton email investigation that played a role in the presidential election. He pursued allegations that Trump’s campaign colluded with Russia during the election. Comey hardly exuded confidence during his congressional testimony last week into both investigations.
Only one previous president ever fired an FBI director. And for Trump to dismiss Comey now — while he was amping up the Russia investigation — is alarming.
Trump had a legal right to fire Comey, but there’s a reason FBI directors are appointed to 10-year terms — they’re supposed to be above partisan politics and remain in their position beyond the term of the president who appoints them.
William Sessions, the FBI director fired by Bill Clinton in 1993, was accused of ethical wrongdoing, including using government funds for personal expenditures. Comey’s firing is pure politics, and it’s not the first time in his short White House tenure that Trump has fired someone who stood up to him.
Sally Yates, the former acting attorney general, was canned when she refused to defend Trump’s travel ban. Yates’ congressional testimony this week revealed the Trump administration lied about when Yates made them aware that former national security adviser Michael Flynn could be compromised by the Russians.
Trump also fired Preet Bharara, the New York U.S. attorney for the Southern District of New York, who had several ongoing probes, including an investigation into Trump’s claims that Obama wiretapped Trump. Both the Yates and Bharara firings raised serious questions about Trump’s willingness to face outside scrutiny.
In the Comey firing, Trump says he was merely following the advice of the Justice Department, which concluded Comey mishandled the Hillary Clinton investigation by publicly discussing it.
That’s hardly believable. Trump routinely praised Comey in the days leading up to the election for having the guts to resurrect the Clinton investigation. He had the opportunity to fire Comey months ago over Clinton’s emails.
Politico on Wednesday, citing two advisers, reported that Trump “had grown enraged by the Russia investigation” and “repeatedly asked aides why the Russia investigation wouldn’t disappear.”
Trump reportedly considered firing Comey for a week, casting doubts on claims he was merely following up on the advice of the Justice Department.
The New York Times reported Wednesday that days before he was fired, Comey asked the Justice Department for a “significant increase in money and personnel” for the Russian investigation. And then he was gone. This is Richard Nixon-esque.
If Congress wants to maintain some semblance of trust with the American people, it will call for a special prosecutor to investigate possible Russian collusion. While the FBI will continue its investigation without Comey, it’s no longer possible to view it as impartial when Trump will appoint the new FBI chief.
In his pink slip to Comey, Trump thanked the FBI chief for “informing me, on three separate occasions, that I am not under investigation.” That’s laughable. Trump’s campaign is under investigation. He was part of the campaign. There’s no smoking gun yet that proves Trump himself was responsible for any crimes, but that’s the point of an investigation.
A special investigation isn’t possible without an outcry from Republicans, who control Congress. Attorney General Jeff Sessions already recused himself from matters involving the Russian investigation, so he can’t call for a special prosecutor. Instead it falls on Deputy Attorney General Rod J. Rosenstein, who wrote the memo recommending Comey’s firing. It’s unlikely Rosenstein would take the drastic step of calling for a special investigation without significant pressure from Congress.
A few honorable Republicans want the truth. Sen. John McCain has called for a special investigation. Sen. Ben Sasse of Nebraska, chairman of the Judiciary Committee’s Oversight Subcommittee, said “the timing of the firing is very troubling,” and that he’s reached out to Rosenstein for “clarity on his rationale for recommending this action.”
But it’s mostly Democrats, including Sen. Bill Nelson and South Florida representatives Debbie Wasserman Schultz, Ted Deutch and Lois Frankel, calling for a special investigation.
Sen. Marco Rubio hasn’t released any public statements but told ABC News he expects the FBI to continue doing its work “without interference from politics one way or another,” and that he expects Trump to “nominate someone of the highest caliber.”
It’s a weak statement from a man who once stood up to Trump during a contentious presidential election, calling him “a con artist” and saying he was too erratic to have access to nuclear codes.
Senate majority leader Mitch McConnell claims an independent investigation “could only serve to impede the current work being done” by the Senate Intelligence Committee’s own Russia probe. He’s wrong. The probe needs to be independent and free of politics.
If there was no wrongdoing by the Trump campaign, then Republicans and the president should welcome a special investigation to clear the air and let the country move forward.
Otherwise, Americans need to understand the president can’t be trusted.
While the FBI will continue its investigation without Comey, it’s no longer possible to view it as impartial when Trump will appoint the new FBI chief.