President Trump fired FBI Director James Comey this evening in a surprise move. Ā Various politicians and the media haveĀ openly referred to the act as āNixonianā and āanother Saturday Night Massacre.ā Ā I have previously stated how the Saturday Day Massacre has been misrepresented. Ā I also do not agree with Jeff Toobin on CNN tonight that the decision was clearly due to the fact that Comeyās investigation was getting ātoo closeā to President Trump. Ā I do not see how one can reach that conclusion after months of criticism over Comeyās past conduct, including widespread anger from Democrats over his public statements on Hillary Clinton. Ā I agree that the timing is concerning and legitimately questioned. Ā However, the Administration may also have waited for the Deputy Attorney General to be confirmed to allow a career prosecutor to review the matter and to concur with the decision. Ā Democrats denounced Comey over his actions regarding the Clinton Administration. Ā The matter was given to the Deputy Attorney General who was just confirmed recently.
President Trump took effortsĀ in his letter state that Comey assured him that he was not under investigation. Ā He stated thatĀ Ā āWhile I greatly appreciate you informing me, on three separate occasions, that I am not under investigation, I nevertheless concur with the judgement of the Department of Justice that you are not able to effectively lead the bureau.ā
The White House released a memorandum fromĀ Deputy Attorney General Rod Rosenstein, a respected career prosecutor. Ā He found that Comeyās prior conduct didĀ āsubstantial damageā to the FBIās āreputation and credibility.ā Ā He noted that the FBI Director is never empowered to supplant federal prosecutors and assume command of the Justice Departmentā and that his conduct wasĀ āa textbook example of what federal prosecutors and agents are taught not to do.ā
Rosentstein served in both Republican and Democratic administrations. He is not viewed as a political hack. Ā Moreover, the firing of Comey results in the elevation of an individual widely denounced by Republicans: Andrew McCade. Ā That would hardly be an optimal political switch. Ā The question is whether the White House will bypass McCade due to his political controversy involving his wife and select someone else to serve as acting FBI Director.
Notably, Comeyās testimony last week resulted in a correction issued today by the FBI as to one of his representations. Ā After that hearing, a sourceĀ referred to Comey in saying that he was āas popular as choleraā on the Hill.
FBI directors generally hold 10-year term limits and cannot be reappointed, but Comeyās predecessor, Robert Mueller III was given special permission by Congress to serve an extra two years. Ā However, the director is effectively an at-will employee who serves at the pleasure of the president. Ā Only one president has fired a direction. Ā In 1993, President Bill Clinton firedĀ William Sessions after the Justice Departmentās Office of Professional Responsibility found ethical problems involving the use ofĀ FBI plane to visit his daughter and the payment forĀ a security system installed in his home.from JonathanTurley.org.
