Comey’s memoir shows he is more like Trump than he cares to admit.
But Mr. Trump told an interviewer that he had fired Mr. Comey because the FBI chief wouldn’t say publicly that the FBI wasn’t investigating Mr. Trump. The President also threatened Mr. Comey with a false claim about Oval Office “tapes.” Mr. Comey responded by leaking documents that caused Mr. Rosenstein to name a special counsel, which has put Mr. Trump’s Presidency in mortal peril.
.. The main lesson from Mr. Comey’s book is that Mr. Trump’s abuse of political norms has driven his enemies to violate norms themselves.
.. The most notable fact in the book is how little we learn that is new about Mr. Trump.
.. Mr. Trump is preoccupied with his critics and the validation of his presidential victory. He is clueless that his bullying and flattery would repel Mr. Comey
.. The book mainly adds Mr. Comey’s moral and aesthetic contempt for Mr. Trump.
.. Mr. Comey’s comparison of Mr. Trump to a “mafia” boss is hilariously overstated. Don’t they call it “organized” crime? And what about that code of silence known as omerta? The Trump White House can’t keep anything secret.
.. Mr. Comey reveals in his excessive self-regard that he is more like Mr. Trump than he cares to admit. Mr. Trump’s narcissism is crude and focused on his personal “winning.” Mr. Comey’s is about vindicating his own higher morality and righteous belief.
.. He accuses Mr. Rosenstein of acting “dishonorably” by writing the memo describing how Mr. Comey mishandled the Clinton probe. Yet he barely engages Mr. Rosenstein’s arguments, which quoted from former Justice officials of both parties. Mr. Rosenstein wrote that Mr. Comey was “wrong to usurp” the authority of Attorney General Loretta Lynch and wrong to “hold press conferences to release derogatory information” about Mrs. Clinton.
That mistake made Mr. Comey feel obliged to intervene again in late October—this time to announce the reopening of the probe in a way that helped Mr. Trump. Had Mr. Comey followed Justice protocol in July, he would not have had to make himself the issue in October, damaging the reputation of the FBI and Justice in the bargain.
.. This has been the habit across Mr. Comey’s career, though you’ll find no mention in his memoir of Steven Hatfill, the government scientist he wrongly pursued for years as the anthrax terrorist; or Frank Quattrone, the Wall Street financier he prosecuted twice for obstruction of justice only to be rebuked by an appeals court; or Judith Miller’s recantation of her testimony against Scooter Libby.
Mr. Comey has also had little to say so far about the controversy over the Steele dossier and his handling of the Russian investigation of Mr. Trump. Did he know that the dossier was commissioned by Democrats for the Clinton campaign? He also has nothing to say about the dismissal of his former FBI deputy, Andrew McCabe, for “lack of candor.”
Mr. Comey is getting his moment of revenge as much of the press revels in the attacks on Mr. Trump. Yet his career, reinforced by his memoir, is a case study in the perils of the righteous prosecutor. It also shows why Mr. Comey’s view of the FBI as “independent” of supervisory authority is wrong and dangerous. A presidential bully who abuses power needs to be checked, but so does an FBI director who turns righteousness into zealotry.
McCabe is said to have written memos detailing his interactions with Trump
Former FBI official Andrew McCabe memorialized his interactions with President Trump in contemporaneous memos, two people familiar with the case said, and they could become a key piece of evidence in special counsel Robert S. Mueller III’s probe.
.. The memos could help bolster McCabe’s credibility, insulating him from allegations that he misstated or misremembered his interactions with Trump. On Friday, McCabe was fired from the FBI, about 26 hours before he was set to retire
.. Trump, during an Oval Office meeting in May, had asked McCabe who he voted for in the 2016 election, then vented about hundreds of thousands of dollars in political donations that McCabe’s wife had received.
.. Trump renewed some of those complaints on Saturday, writing in a tweet, “The Fake News is beside themselves that McCabe was caught, called out and fired. How many hundreds of thousands of dollars was given to wife’s campaign by Crooked H friend, Terry M, who was also under investigation? How many lies? How many leaks? Comey knew it all, and much more!”
.. Comey wrote on Twitter just minutes after the Trump’s tweet, “Mr. President, the American people will hear my story very soon. And they can judge for themselves who is honorable and who is not.”
.. Comey is set to release a book next month, “A Higher Loyalty: Truth, Lies and Leadership,”
.. McCabe told CNN in an interview in advance of his firing that Trump was focused on his wife’s campaign and alleged there were at least four times where Trump called it a “mistake” or “problem,” or branded his wife a “loser.” McCabe said he told the president he himself had not voted in the 2016 election.
.. The president would later say in a television interview that he was thinking of “this Russia thing with Trump” when he decided to remove Comey.
.. The move will likely cost McCabe significant retirement benefits, because he could not retire Sunday, when he turns 50.
Trump’s lawyer calls on Justice Department to immediately end Russia probe
President Trump’s lawyer called on the Justice Department to immediately shut down the special counsel probe into Russian interference in the 2016 election, in the wake of the firing of FBI Deputy Director Andrew McCabe.
Attorney John Dowd said in a statement that the investigation, now led by special counsel Robert S. Mueller III, was fatally flawed early on and “corrupted” by political bias. He called on Deputy Attorney General Rod J. Rosenstein, who oversees that probe, to shut it down.
“I pray that Acting Attorney General Rosenstein will follow the brilliant and courageous example of the FBI Office of Professional Responsibility and Attorney General Jeff Sessions and bring an end to alleged Russia Collusion investigation manufactured by McCabe’s boss James Comey based upon a fraudulent and corrupt Dossier,” Dowd said in an emailed statement.
Dowd told The Washington Post on Saturday he was speaking for himself and not on Trump’s behalf. Earlier Saturday, Dowd told the Daily Beast that he was speaking on behalf of the president and in his capacity as the president’s attorney.
Sessions late Friday night fired McCabe, a little more than 24 hours before McCabe was set to retire — a move that McCabe alleged was an attempt to “slander” him and undermine the ongoing special counsel investigation into the Trump campaign.
Sessions announced the decision in a statement just before 10 p.m., noting that both the Justice Department inspector general and the FBI office that handles discipline had found “that Mr. McCabe had made an unauthorized disclosure to the news media and lacked candor — including under oath — on multiple occasions.”
.. If Dowd’s statement reflected Trump’s legal strategy, it would represent a significant shift in the president’s approach to the Mueller investigation.
.. McCabe’s firing touched off a firestorm late Friday. The now-former No. 2 at the FBI, who is a witness in the Russia case, shot back immediately.
“This attack on my credibility is one part of a larger effort not just to slander me personally, but to taint the FBI, law enforcement, and intelligence professionals more generally,” McCabe said. “It is part of this Administration’s ongoing war on the FBI and the efforts of the Special Counsel investigation, which continue to this day. Their persistence in this campaign only highlights the importance of the Special Counsel’s work.”
.. His firing — which was recommended by the FBI office that handles discipline — stems from a Justice Department inspector general investigation that found McCabe authorized the disclosure of sensitive information to the media about a Clinton-related case, then misled investigators about his actions in the matter, people familiar with the matter have said
The Memo Doesn’t Make Its Case
The truth requires greater transparency
.. That experience teaches me that the memo simply doesn’t make its case. Indeed, it gets less persuasive — and the material omissions more glaring — with each successive read. It might disclose the existence of troubling FBI misconduct, but the fair-minded reader has no way of knowing whether it does.
.. A good summary always supports assertions with evidence. A good summary provides context. A good summary even includes relevant information that contradicts its thesis so that the reader can evaluate the best counter-arguments.
.. legal arguments typically depend on lawyers taking thousands (sometimes tens of thousands) of pages of depositions and documents, crafting a concise narrative, and communicating that narrative to a judge — with citations referring to the relevant evidence and quotations of it as well.
.. If there is no citation or quotation, a judge will typically ask the lawyer, “Counselor, what record evidence supports that assertion?”
.. One of the first and most vital assertions in the entire memo is the claim that “the ‘dossier’ compiled by Christopher Steele (Steele dossier) on behalf of the Democratic National Committee (DNC) and the Hillary Clinton campaign formed an essential part of the Carter Page FISA application.” This statement is initially offered without proof. One has to read down to the next page to see any reference to evidence:
Furthermore, Deputy Director [Andrew] McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.
.. When I read this, I had two immediate thoughts. First, what did he actually say? And second, why the subtle change in language from the argument that the “dossier” was an “essential part” of the FISA application to the statement that the warrant wouldn’t have been sought without the dossier “information”? The “dossier” and the “information” are not the same thing.
.. An effective memo would do more to end the debate. How? By quoting the relevant portions of McCabe’s testimony.
Better yet, it could quote the testimony and attach an appropriately redacted copy of the testimony as an appendix.
.. Even the characterization that the dossier was “essential” is a judgment call based on evidence unavailable to the public. Even worse, it was a judgment call based in part on evidence unavailable even to the rest of the committee.
.. memo should have plainly stated the agreement between the DOJ and the committee, along with the reasons for this agreement.
.. good summaries don’t just support conclusions with evidence, they provide vital and necessary context. On this point, the memo fails utterly.
.. it fails to answer the following questions:
- How did the FISA application actually describe Steele?
.. Democrats are arguing that the political nature of his work was appropriately disclosed. Don’t we need the actual words used to properly evaluate whether the FBI materially misled the court?
- In addition to the information from the Steele dossier, what other information did the FISA application include?
- To what extent did the multiple renewal applications depend on the information in the dossier? The memo notes that a FISA order must be renewed every 90 days, and each renewal must be supported by an “independent” probable-cause finding. A Trump appointee, Deputy Attorney General Rod Rosenstein, signed at least one of these FISA applications. He apparently believed that the request was supported by probable cause. Why?
- What is the “information” regarding Papadopoulos that triggered the opening of the investigation in July 2016 — a full three months before the Page FISA application? The memo provides information obviously designed to impair the credibility of that investigation — by referring to FBI agent Peter Strzok’s well-known political leanings — but it provides no information about any facts supporting the opening of the probe, leaving the reader with the impression that it was opened solely because Strzok dislikes Trump.
I also wrote above that a good summary “even includes relevant information that contradicts its thesis.” The memo omits any such information, but a Democratic rebuttal exists.
.. But even if the public reviews the Democratic rebuttal, the process is still flawed. The proper way to resolve explosive claims of political bias at the highest levels of government isn’t by dribbling out short memoranda but by issuing comprehensively researched and comprehensively supported majority and minority committee reports.
..it’s not by itself scandalous to review political opposition research — a politically motivated person is no more suspect than the terrorists and criminals who routinely provide information used to support even the most intrusive warrants.
.. When I was in Iraq, we were constantly aware that our sources had their own axes to grind. They didn’t want to defeat their opponents in an election. They wanted them to die in a hail of gunfire.
.. Biased sources are an inherent part of intelligence-gathering.