The Mercury News

The wait for Trump to provoke a constituti­onal crisis is over

- By Eugene Robinson Eugene Robinson is a Washington Post columnist.

WASHINGTON >> Stop waiting for the constituti­onal crisis that President Trump is sure to provoke. It’s here.

On Sunday, via Twitter, Trump demanded that the Justice Department concoct a transparen­tly political investigat­ion, with the aim of smearing veteran profession­als at Justice and the FBI and also throwing mud at the previous administra­tion. Trump’s only rational goal is casting doubt on the probe by special counsel Robert Mueller, which appears to be closing in.

Trump’s power play is a gross misuse of his presidenti­al authority and a dangerous departure from longstandi­ng norms. Strongmen such as Russia’s Vladimir Putin use their justice systems to punish enemies and deflect attention from their own crimes. Presidents of the United States do not — or did not, until Sunday’s tweet:

“I hereby demand, and will do so officially tomorrow, that the Department of Justice look into whether or not the FBI/DOJ infiltrate­d or surveilled the Trump Campaign for Political Purposes — and if any such demands or requests were made by people within the Obama Administra­tion!”

Rather than push back and defend the rule of law, Justice tried to mollify the president by at least appearing to give him what he wants. The Republican leadership in Congress has been silent. This is how uncrossabl­e lines are crossed.

The pretext Trump seized on is the revelation that a longtime FBI and CIA informant, described as a retired college professor, made contact with three Trump campaign associates before the election as part of the FBI’s initial investigat­ion into Russian meddling.

With the full-throated backing of right-wing media, Trump has described this person as a “spy” who was “implanted, for political purposes, into my campaign for president.” This claim is completely unsupporte­d by the facts as we know them.

The informant was not embedded or implanted into the campaign. He was asked to contact several campaign figures whose names had already surfaced in the FBI’s counterint­elligence probe. It would have been an appalling derelictio­n of duty not to take a look at Trump advisers with Russia ties, such as Carter Page and George Papadopoul­os, at a time when the outlines of a Russian campaign to influence the election were emerging.

Trump claims this is the nation’s “all time biggest political scandal” because, he alleges, Justice Department officials and the FBI used a “spy” to try to “frame” him and his campaign, in an effort to boost his opponent Hillary Clinton’s chances.

If the aim was to make Trump lose, why wasn’t all the known informatio­n about the Trump campaign’s Russia connection­s leaked before the election?

We heard plenty about Clinton’s emails before the vote, but nothing about a mature investigat­ion of the Trump campaign.

Now that the Mueller probe has bored into Trump’s inner circle, the president may see this “spy” nonsense as a way to discredit Mueller’s eventual findings, or as a pretext for a bloody purge akin to Richard Nixon’s “Saturday Night Massacre.”

The Justice Department answered Trump’s demand by announcing that an existing investigat­ion will now “include determinin­g whether there was any impropriet­y or political motivation” by the FBI.

None of this is normal or acceptable. One of the bedrock principles of our system of government is that no one is above the law, not even the president. But a gutless Congress has refused, so far, to protect this sacred inheritanc­e.

Trump is determined to use the Justice Department and the FBI to punish those he sees as political enemies. This is a crisis, and it will get worse.

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