Trump Warning to Comey Prompts Questions on ‘Tapes’

No president in the past 40 years has been known to regularly tape his phone calls or meetings because, among other reasons, they could be subpoenaed by investigators as they were during the Watergate investigation that ultimately forced President Richard M. Nixon to resign.

.. “For a president who baselessly accused his predecessor of illegally wiretapping him, that Mr. Trump would suggest that he, himself, may have engaged in such conduct is staggering,”

.. He denied that the president was threatening the former F.B.I. director. “That’s not a threat,” Mr. Spicer said. “He simply stated a fact. The tweet speaks for itself. I’m moving on.”

.. Mr. Trump suggested he was seriously thinking about canceling the briefings. “Unless I have them every two weeks and I do them myself, we don’t have them,” he said. “I think it’s a good idea.”

.. Every president in modern times has been frustrated with the news media at points, but they all preserved the tradition of the daily briefing, if for no other reason than to get their message out. Mr. Trump, with Twitter as his own trumpet, may feel less need for that.

.. Mr. Trump has long been said by allies and former employees to have taped some of his own phone calls

.. But the implicit threat to Mr. Comey was ripped from a familiar playbook that Mr. Trump relied on during the campaign to silence critics or dissent.

  1. he read aloud the mobile telephone number of one rival, Senator Lindsey Graham of South Carolina, from the stage at a rally and encouraged people to flood his phone with calls.
  2. he threatened on Twitter to tell stories about Joe Scarborough and Mika Brzezinski, the co-hosts of the MSNBC show “Morning Joe,” after they criticized him.
  3. He also railed against the wealthy Ricketts family as it was funding anti-Trump efforts, threatening to air some unspecified dirty laundry.
  4. while competing with Senator Ted Cruz of Texas for the Republican presidential nomination, he threatened to expose something unflattering about his opponent’s wife. “Be careful, Lyin’ Ted, or I will spill the beans on your wife!” he said.

.. Mr. Trump’s warning on Twitter to quiet Mr. Comey could be viewed as an effort to intimidate a witness for any current or future investigation into whether the firing of the F.B.I. director amounted to obstruction of justice.

“If this were an actual criminal investigation — in other words, if there were a prosecutor and a defense lawyer in the picture — this would draw a severe phone call to counsel warning that the defendant is at serious risk of indictment if he continues to speak to witnesses,” Mr. Buell said. “Thus, this is also definitive evidence that Trump is not listening to counsel and perhaps not even talking to counsel. Unprecedented in the modern presidency.”

.. This is not the first time an administration has challenged Mr. Comey’s version of a prominent conversation. During President George W. Bush’s administration, White House officials disputed Mr. Comey’s account of a hospital room standoff in which Mr. Bush’s top aides tried to pressure John D. Ashcroft, the ailing attorney general, to reauthorize a controversial surveillance program.

Mr. Comey, then the deputy attorney general, was eventually vindicated because the F.B.I. director at the time, Robert S. Mueller III, kept his notes from the encounter — a reminder that note-taking is steeped in the F.B.I. culture.

.. A couple of Democrats on the House Intelligence Committee, Mr. Schiff and Representative Eric Swalwell of California, have said there is at least some evidence of collusion, but when Senator Dianne Feinstein of California, a Democrat on the Senate Intelligence Committee, was asked last week if there was, she said, “Not at this time.”

Acting Attorney General Orders Justice Dept. Not to Defend Refugee Ban

The decision by the acting attorney general is a remarkable rebuke by a government official to a sitting president that recalls the dramatic “Saturday Night Massacre” in 1973, when President Richard M. Nixon fired his attorney general and deputy attorney general for refusing to dismiss the special prosecutor in the Watergate case.

That case prompted a constitutional crisis that ended when Robert Bork, the solicitor general, acceded to Mr. Nixon’s order and fired Archibald Cox, the special prosecutor.

.. Aides to the president backtracked on Sunday, saying that lawful, permanent residents of the United States would not be barred by the order. But White House officials said the president had no intention of backing down from the order, which continues to shut the borders to refugees and others.

The task ahead for today’s conservatives

The Republican Party resembles the man who told his psychiatrist, “I have an identity problem, and so do I.” The party’s leader is at best indifferent to, and often is hostile to, much of the party’s recent catechism: limited government, the rule of law, a restrained executive, fiscal probity, entitlement reforms, free trade, the general efficiency and equity of markets allocating wealth and opportunity, and — this matters especially — the importance of decorousness in political discourse.

.. Today, many Americans seem to relish being furious. An indignation industry has battened on the Republican Party, feeding this addiction. This industry is inimical to conservatism’s health.

A veteran baseball coach once said baseball is not a game you can play with your teeth clenched. The sport of the long season requires emotional equipoise, a continuous combination of concentration and relaxation.

.. persuasion is necessary to temper the public’s instinctive aversion to the patience that politics requires — the public’s proclivity for disparaging institutional impediments to immediate gratification. Only conservatives will undertake such persuasion.

 .. Protectionism is comprehensive government intervention in economic life. It supplants commercial calculations with political considerations. Using tariffs, which are taxes imposed at the border, government imposes its judgment of what Americans should be permitted to purchase, in what quantities and at what prices. If conservatism can embrace such statism, can it distinguish itself from progressivism — the doctrine that government experts are wiser than markets in determining individuals’ choices and directing the efficient use of labor and capital?
.. He could make these suppositions more plausible by nominating Kelly Ayotte to be attorney general.
.. the Justice Department has been politically tainted by, among other things, its lassitude regarding the IRS’s abuses against conservative advocacy groups. It needs a steely but amiable leader, not someone with a recent record of hysterical partisanship (e.g., Rudy Giuliani).