The head of the Federal Bureau of Investigation said his agency first flagged issues with its background check of Rob Porter to the administration in March, a timeline that conflicts with what the White House said it knew about the former aide’s past.
.. Director Christopher Wray told the Senate Intelligence Committee on Tuesday that the FBI last year gave multiple updates to the White House on its findings about Mr. Porter. After sharing a partial report on Mr. Porter in March, the FBI provided its completed background check on Mr. Porter to the White House in July, Mr. Wray said.
.. Last fall, White House counsel Don McGahn told Mr. Kelly there was “an issue” involving Mr. Porter’s clearance, according to an administration official, who said Mr. McGahn didn’t provide many details. Mr. Kelly was surprised to learn that Mr. Porter, 40, had been married before.
The chief of staff, a retired four-star general, also expressed dissatisfaction about the number of White House aides who were operating under interim security clearances. “His view was, ’We would never have this at the Pentagon,” the official said.
Trump’s New Solicitor General Could Fire Russia Investigator Robert Mueller
Francisco was a partner at Jones Day, which Bloomberg Businessweek has called“Trump’s favorite law firm.” The outlet reported in March that at least 14 lawyers from the firm had joined the Trump administration or had been nominated to do so, including Don McGahn, the White House counsel.
.. lawyers from “Trump’s favorite” firm contributed only $7,422 to Trump’s campaign, compared to $267,899 to Hillary Clinton’s.
.. Francisco also is an expert at the Federalist Society, a group of conservative and libertarians in the legal world. The executive vice president, Leonard Leo, is said to have secured the confirmation of Neil Gorsuch for the Supreme Court. Gorsuch and FBI Director Christopher Wray also are listed as experts there. Francisco has donated thousands of dollars to federal election candidates, all Republicans, though not to Trump.
.. Ted Cruz, who once worked with Francisco at the law firm Cooper & Kirk. “He’s a brilliant lawyer & a principled conservative.”
The Answer to Whether Trump Obstructed Justice Now Seems Clear
Most white-collar prosecutions turn on the issue of criminal intent. These cases involve behavior that would, in ordinary circumstances, be totally legal—if not for the intent of the defendant.
.. It’s only criminal to sell stock if you had improper knowledge of the status of the company.
.. The President clearly had the right to fire Comey, but he did not have the right to do so with improper intent.
.. McGahn’s threat to resign shows that he saw these purported reasons as pretexts.
- .. The golf-dues matter was obviously trivial
- .. the law firm’s representation of Kushner, which did not involve Mueller at all, could only have biased the special counsel in favor of the President’s family
- .. and Trump’s willingness to interview Mueller for the F.B.I. position showed how much the President trusted Mueller, not that he believed the former F.B.I. director harbored any animosity toward him.
.. McGahn recognized the key fact—that Trump wanted to fire Mueller for the wrong reasons. Trump wanted to fire Mueller because his investigation was threatening to him.
.. Trump and his advisers have offered various tortured rationalizations for the firing of Comey—initially, for example, on the ground that Comey had been unfair to Hillary Clinton during the 2016 campaign. Trump himself came clean in an interview with NBC’s Lester Holt and in a meeting with Russia’s foreign minister.
In both, Trump acknowledged that he fired Comey to stall or stop the Russia investigation—that is, the investigation of Trump himself and his campaign.
McGahn in June, Other Republicans Soon
Republicans — and only Republicans — have the power to make clear that Trump’s presidency is effectively over if he fires Robert Mueller, the special counsel.
At the Justice Department, Republicans can refuse to carry out any order to fire Mueller and create a firestorm if Trump subsequently fires them.
And at the White House, Republicans serving under Trump can explain to him that he would create a true constitutional crisis if he tried to subvert the rule of law.
.. We now know — thanks to Michael Schmidt and Maggie Haberman of The Times — that Trump did try to subvert the rule of law.
.. I would caution people not to lionize McGahn. He’s been involved in some of this administration’s seedier acts, including the nomination of unqualified federal-judge candidates, at least one of whom had personal ties to him. He also played a role in previous attempts by the White House to muck up the Russia investigation, including the firing of James Comey as the F.B.I. director.
.. But McGahn acted honorably and bravely when it mattered most.
.. there is every reason to think he is afraid of it — and willing to do almost anything to obstruct it.