Over just a few days last week, President Trump and his allies stepped up attacks on Robert Mueller, the special counsel investigating the campaign’s connections to Russia. They tried to push Attorney General Jeff Sessions out of office. They thought out loud about whether the president can pardon himself.
This all points to the same conclusion: Mr. Trump is willing to deal a major blow to the rule of law — and the American Republic — in order to end an independent investigation into his Russia ties.
.. In their first years in office, Vladimir Putin in Russia, Recep Tayyip Erdogan in Turkey and Viktor Orban in Hungary claimed that they wanted to fix, rather than cripple, democratic institutions. Even as it became clear that these strongmen sought to consolidate power, most of their opponents told themselves that they were saving their courage for the right moment. By the time the full extent of the danger had become incontrovertible, it was too late to mount an effective resistance.
.. But in other respects the United States is already well on the way to what I have, in my academic work, called “democratic deconsolidation.” Mr. Trump is increasingly emulating the playbook of popularly elected strongmen who have done deep, lasting damage to their countries’ democratic institutions.
.. around 40 percent of voters — and some 80 percent of Republicans — approve of his performance. A number of Republican senators and congressmen have reportedly objected to Mr. Trump’s attacks on Mr. Sessions and voted against parts of his legislative agenda, but most have yet to oppose him publicly.
.. If Mr. Trump fires Mr. Mueller, Congress can ask him to continue his investigation under the auspices of the legislative branch.
And if Mr. Trump pardons himself, disregards court rulings or blatantly oversteps the boundaries of his legitimate authority in some other way, Congress should impeach him.
.. There may never be a time when we know for sure that this decision, today, will determine whether the American republic lives or dies.
Jeff Sessions: This Time, It’s Personal
Trump’s willful misunderstanding of the obligations of an Attorney General reflects a larger flaw in his Presidency and in his character.
Trump wasn’t taunting Sessions because of any policy differences between them but, rather, as usually seems to be the case with this President, for personal reasons. The core of the President’s grievance is that the Attorney General recused himself from the investigation into possible Russian attempts to interfere in the 2016 election, thereby setting in motion the process that led to the appointment of Robert Mueller, the special counsel.
Sessions did the right thing; according to prosecutorial ethics, he cannot supervise a review of a campaign in which he played a prominent role. Trump’s willful misunderstanding of the obligations of an Attorney General reflects a larger flaw in his Presidency and in his character—his apparent belief that his appointees owe their loyalty to him personally, rather than to the nation’s Constitution and its laws, and, more broadly, to the American people.
.. no member of the Cabinet has worked more assiduously to advance Trump’s agenda than Sessions.
- .. He has reversed the Obama Administration’s commitment to voting rights, which had been reflected in Justice Department lawsuits against voter-suppression laws in North Carolina and Texas.
- He has changed an Obama-era directive to federal prosecutors to seek reasonable, as opposed to maximum, prison sentences for nonviolent drug offenders. Similarly,
- he has revived a discredited approach to civil forfeiture, which will subject innocent people to the loss of their property.
- He has also backed away from the effort, championed by his predecessors Eric Holder and Loretta Lynch, to rein in and reform police departments, like the one in Ferguson, Missouri, that have discriminated against African-Americans.
- .. Sessions has embraced the issue that first brought him and Trump together: the crackdown on immigration. Sessions’s subordinates have defended the President’s travel ban
.. No President in recent history has treated his Attorney General solely as a political, or even as a personal, functionary.
.. He had violated a principle that, until now, seemed inviolate: that the Attorney General serves the public, not the political interests of the President who appoints him.
.. On the Saturday night that Cox was fired, he said, “Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people” to decide. So it remains today. ♦
The President Is Treating His Attorney General Shamefully
On Tuesday morning, President Trump slammed his own attorney general on Twitter for taking “a VERY weak position on Hillary Clinton crimes . . . & Intel leakers!” That rationale is a sham: On the Clinton scandals, Sessions has merely followed Trump himself, who said in late November that he had no plans to pursue an investigation of his erstwhile opponent. In reality, Trump is reported to be upset at Sessions for needlessly recusing himself from the ongoing investigation into the Trump campaign’s connections with Russia, which Trump believes led to the special-counsel investigation.
The story Trump is telling himself is convenient for creating a scapegoat, but it’s also largely untrue. Sessions may not have been legally obligated to recuse himself from the Russia inquiry, but there was a strong political case for his doing so. The more direct cause of the appointment of a special counsel was the unceremonious firing of FBI director James Comey, and the deception surrounding it — which was a mess largely of Trump’s own making.
Sally Yates: Protect the Justice Department From President Trump
The president is attempting to dismantle the rule of law, destroy the time-honored independence of the Justice Department, and undermine the career men and women who are devoted to seeking justice day in and day out, regardless of which political party is in power.
.. President Trump claims that it is very “unfair” that Mr. Sessions recused himself from the Russia investigation, a recusal indisputably necessary given Mr. Sessions’ role in the campaign that is now under investigation. At its core, the president’s complaint is that he doesn’t have a political ally at the Justice Department to protect him from the Russia investigation. And he is apparently trying to bully Mr. Sessions into resigning so that he can put someone in place who will.
The president hasn’t stopped there. He has also tried to goad Mr. Sessions into re-initiating a closed investigation of the president’s former political rival. And all of this takes place in the wake of the president’s attempts to persuade the former F.B.I. director James Comey to back off the Michael Flynn investigation, and then firing Mr. Comey when he didn’t.
President Trump’s actions appear aimed at destroying the fundamental independence of the Justice Department. All the while, he’s ripping the blindfold off Lady Justice and attempting to turn the department into a sword to seek vengeance against his perceived enemies and a shield to protect himself and his allies.
.. In short, no one at the White House should have anything to do with any decisions about whom or what to investigate or prosecute. Period.
We must do more than rubberneck as we drive past this car crash. We all have a responsibility to protect our Justice Department’s ability to do its job free from interference. The very foundation of our justice system — the rule of law — depends on it.