According to Comey’s account in a new memoir, Trump “strongly denied the allegations, asking — rhetorically, I assumed — whether he seemed like a guy who needed the service of prostitutes. He then began discussing cases where women had accused him of sexual assault, a subject I had not raised. He mentioned a number of women, and seemed to have memorized their allegations.”
The January 2017 conversation at Trump Tower in Manhattan “teetered toward disaster” — until “I pulled the tool from my bag: ‘We are not investigating you, sir.’ That seemed to quiet him,” Comey writes.
Trump did not stay quiet for long. Comey describes Trump as having been obsessed with the prostitutes portion of the infamous dossier compiled by former British intelligence officer Christopher Steele, raising it at least four times with the FBI head.
.. Trump offered varying explanations to convince Comey it was not true. “I’m a germaphobe,” Trump told him in a follow-up call on Jan. 11, 2017, according to Comey’s account. “There’s no way I would let people pee on each other around me. No way.” Later, the president asked what could be done to “lift the cloud” because it was so painful for first lady Melania Trump.
.. In his memoir, Comey paints a devastating portrait of a president who built “a cocoon of alternative reality that he was busily wrapping around all of us.” Comey describes Trump as a congenital liar and unethical leader, devoid of human emotion and driven by personal ego.
.. Interacting with Trump, Comey writes, gave him “flashbacks to my earlier career as a prosecutor against the Mob.
- The silent circle of assent.
- The boss in complete control.
- The loyalty oaths.
- The us-versus-them worldview.
- The lying about all things, large and small, in service to some code of loyalty that put the organization above morality and above the truth.”
.. The result, in Comey’s telling, is “the forest fire that is the Trump presidency.”
.. “You can’t be kicked out of the room so he can talk to me alone,” Comey told Sessions, according to the book. “You have to be between me and the president.”
.. “Sessions just cast his eyes down at the table, and they darted quickly back and forth, side to side. He said nothing. I read in his posture and face a message that he would not be able to help me.”
.. Comey delivers an indirect but unmistakable rebuke of the GOP’s congressional leaders as well: “It is also wrong to stand idly by, or worse, to stay silent when you know better, while a president brazenly seeks to undermine public confidence in law enforcement institutions that were established to keep our leaders in check.”
.. “I have one perspective on the behavior I saw, which while disturbing and violating basic norms of ethical leadership, may fall short of being illegal,” he writes.
.. “They lose the ability to distinguish between what’s true and what’s not,” Comey writes. “They surround themselves with other liars . . . Perks and access are given to those willing to lie and tolerate lies. This creates a culture, which becomes an entire way of life.”
.. Comey also writes that in a post-election briefing for senators, then-Sen. Al Franken (D-Minn.) confronted him about “what you did to Hillary Clinton.” Comey responded, “I did my best with the facts before me.” A teary-eyed Senate Minority Leader Charles E. Schumer (D-N.Y.) grabbed him by the hand afterward and said, “I know you. You were in an impossible position,” Comey writes.
.. Comey is critical of then-Attorney General Loretta E. Lynch, saying she had a “tortured half-out, half-in approach” to the Clinton investigation and that he considered calling for the appointment of a special prosecutor.
.. “As he extended his hand,” Comey adds, “I made a mental note to check its size. It was smaller than mine, but did not seem unusually so.”
.. Comey recalls being struck that neither Trump nor his advisers asked about the future Russian threat, nor how the United States might prepare to meet it. Rather, he writes, they focused on “how they could spin what we’d just told them.”
.. “I decided not to tell him that the activity alleged did not seem to require either an overnight stay or even being in proximity to the participants,” Comey writes. “In fact, though I didn’t know for sure, I imagined the presidential suite of the Ritz-Carlton in Moscow was large enough for a germaphobe to be at a safe distance from the activity.”
.. Comey writes that he believed Trump was trying “to establish a patronage relationship,” and that he said: “I need loyalty. I expect loyalty.”
.. Trump broke the standoff by turning to other topics, Comey writes, speaking in torrents, “like an oral jigsaw puzzle,” about the size of his inauguration crowd, his free media coverage and the viciousness of the campaign. He talked about the Clinton email investigation as in three phases, as if it were a television series: “Comey One,” “Comey Two” and “Comey Three.” Trump also tried to convince Comey that he had not mocked disabled New York Times reporter Serge Kovaleski at a campaign rally, and then turned to the detailed allegations of sexual assault against him.
“There was no way he groped that lady sitting next to him on the airplane, he insisted,” Comey writes. “And the idea that he grabbed a porn star and offered her money to come to his room was preposterous.”
.. And then Trump brought up “the golden showers thing,” Comey writes. The president told him that “it bothered him if there was ‘even a one percent chance’ his wife, Melania, thought it was true.” Comey writes that Trump told him to consider having the FBI investigate the prostitutes allegation to “prove it was a lie.”
.. As the dinner concluded, Trump returned to the issue of loyalty.
“I need loyalty,” Trump tells Comey, according to the book.
“You will always get honesty from me,” Comey replies.
“That’s what I want, honest loyalty,” Trump said, reaching what Comey writes was “some sort of ‘deal’ in which we were both winners.”
.. “But he’s a killer,” O’Reilly told Trump.The president’s reply: “There are a ton of killers. We’ve got a lot of killers. What do you think? Our country’s so innocent?”Trump fumed to Comey about the media criticism he received.
“I gave a good answer,” Trump said, according to Comey. “Really, it was a great answer. I gave a really great answer.”
Trump sought validation: “You think it was a great answer, right?”
Comey replied, “We aren’t the kind of killers that Putin is.”
Trump apparently did not take the correction well. Comey writes that the president’s eyes changed and his jaw tightened, and Priebus escorted him out.
.. Comey describes soon receiving an “emotional call” from Homeland Security Secretary John F. Kelly.
“He said he was sick about my firing and that he intended to quit in protest,” Comey writes. “He said he didn’t want to work for dishonorable people who would treat someone like me in such a manner. I urged Kelly not to do that, arguing that the country needed principled people around this president. Especially this president.” Kelly did not resign. Two and a half months later, he was named White House chief of staff.
The Real Collusion Story
Perhaps more important than having Democratic credentials was having a heightened understanding of the needs of senior leadership — in the FBI, certainly, but also in the DOJ. Right across the street from the J. Edgar Hoover Building sat Attorney General Loretta Lynch. She would be scrutinizing Midyear Exam in every detail. And not just Lynch. Hillary Clinton herself would be watching closely — and would be brought in for questioning, too. Being willing and able to treat her with kid gloves was essential. She “might be our next president,” team member Lisa Page reminded Peter Strzok, the agent in charge of Midyear Exam. Referring to Clinton’s upcoming FBI interview, Page wrote, “The last thing you need us going in there loaded for bear.”
No New Special Counsel
Why not, then, appoint another special counsel to squeeze the squeezers? Why not turn the tables?
.. Deputy Attorney General Rod Rosenstein made a foundational error in appointing Robert Mueller to be special counsel to investigate . . . well . . . um . . . come to think of it, that was the error: The investigation has no parameters, and thus no limitations.
Investigations conducted by prosecutors are supposed to be rooted in known crimes — or, at the very least, articulable suspicion that known crimes have occurred.
those crimes must form the basis for two salient findings:
(1) that the Justice Department has a conflict of interest so severe that it cannot conduct the investigation in the normal manner, and
(2) that it is necessary to appoint, from outside the Justice Department, a quasi-independent prosecutor.
.. This special prosecutor is to be given a grant of investigative jurisdiction limited to the crimes that the Justice Department is too conflicted to investigate — and no other crimes, unless the special counsel explicitly requests, and the Justice Department grants, an expansion of jurisdiction.
.. Because counterintelligence is not lawyer work, and because the objective of counterintelligence is to gather information about a foreign power, not to build a criminal case against a suspect, prosecutors are not ordinarily assigned to counterintelligence investigations.
.. In the Mueller appointment, then, counterintelligence is camouflage for something that should never happen: a special counsel unleashed to hunt for crimes to prosecute despite the absence of known crimes warranting appointment of a special prosecutor.
.. is looking into whether Jared Kushner’s financial woes influenced Trump-administration policy towards Qatar.
.. Where I part company with them is not over whether we need an investigation; it is over whether that investigation should be done by a special counsel.
.. The patent flaw in the Goodlatte-Gowdy proposal is the same one that plagued Rosenstein’s appointment of Mueller: There is no triggering crime.
.. Investigative Excesses Are Usually Not Crimes
It is very bad for investigators to exhibit bias, to allow bias to taint their exercise of investigative and prosecutorial discretion, to depart from Justice Department guidelines, and to provide unverified information to the Foreign Intelligence Surveillance Court (FISA court). But none of these things is a crime – at least, not obviously so... There is no criminal statute addressing bias on the part of agents and prosecutors. We all have biases. It would not be possible to have bias-free investigators.
.. But if deviations from guidelines were to become a basis for legal action, including criminal prosecution, one of two things would happen: The guidelines would be repealed, or they would be rewritten in a broadly permissive manner, endorsing investigative behavior that might be justifiable in exigent circumstances but would be grossly inappropriate the rest of the time.
.. If police and prosecutors came to believe enforcement errors would lead to prosecutions or civil lawsuits against them, they would refrain from taking any but the most uncontroversial enforcement actions. In another context, Heather Mac Donald has written compellingly about this phenomenon as “the Ferguson effect.” To discourage policing is to erode the rule of law, imperiling societal peace and prosperity.
.. If there was a good-faith basis for the FBI and Justice Department to investigate possible Trump–Russia ties of a corrupt nature, it would be very difficult to prove that investigators broke the law in conducting their investigation
.. Candidate Trump made alarmingly ingratiating statements about Vladimir Putin
.. Trump brought Manafort and Gates into his campaign at a very high level. They had notorious ties to Kremlin-backed Ukrainians. Those ties are not speculation; they are established fact. Moreover, Trump publicly identified Carter Page, an obscure Kremlin apologist, as one of his campaign’s handful of foreign-policy advisers. Simultaneously, the FBI was alerted that the Russians might be in possession of thousands of hacked emails damaging to Hillary Clinton, and might have made a point of communicating this claim to George Papadopoulos, another of the few identified Trump foreign-policy advisers.
.. Then the bureau was approached by Christopher Steele. Far from being unknown to the FBI, this former British spy was a proven asset, having provided information that helped the bureau crack the FIFA soccer case
.. Steele alleged that Trump was involved in a corrupt conspiracy with Russia, in which Manafort, the point man, was using Page as an intermediary. Because of his prior work with the bureau, Steele would not have been ignored by the FBI, regardless of the Clinton campaign’s sponsorship of his work
.. given the preexisting reasons for concern: Trump’s pro-Putin rhetoric; the backgrounds of Manafort, Gates, and Page; and the report about possible Russian involvement in hacked Democratic emails.
.. It would not be credible to claim that the Trump-Russia investigation was fabricated out of whole cloth. Even stipulating that the top FBI/DOJ hierarchy was biased against Trump, and thus too quick to credit sensational allegations of Trump wrongdoing, there were good-faith reasons for concern about ties between the Trump campaign and the Russian regime. These reasons do not prove that Russia was behind the hacking of Democratic emails; that Carter Page was a Russian agent; that Manafort and Gates were choreographing a Trump–Russia conspiracy; or that Trump’s Russia rhetoric was anything more than a political novice’s effort to do what American administrations have been doing for decades — seek better relations with Moscow.
.. Goodlatte and Gowdy are also right to suggest (as I believe they have) that the contemplated investigation should scrutinize the handling of the Clinton-emails probe
.. The special counsel is a pernicious institution that operates outside the procedures and discipline of a normal U.S. attorney’s office — where the merits of every case must be weighed against those of every other in the competition for limited investigative and prosecutorial resources.
.. Attorney General Sessions should assign a U.S. attorney from outside Washington to conduct a probe of how the Clinton-emails and Trump-Russia investigations were handled by the Justice Department and FBI. A good model would be John Durham, the U.S. attorney for Connecticut just confirmed by the Senate.
.. the Bush administration was cut no slack by Fitzgerald, then a career prosecutor who is remembered for conducting a hyper-aggressive probe.
.. Mueller is effectively independent only because Rosenstein has chosen to be passive
.. Mueller reports to Rosenstein, who could assert more active supervision.
.. There is no reason that Attorney General Sessions cannot structure a probe that can be credibly conducted by the Justice Department’s standard investigative arrangement
The Stormy Daniels Scandal Gets Serious
The real scandal, it seemed, was that there was no scandal, because no one expects any better of Trump. The religious right was willing to give him a “mulligan,” in the words of Tony Perkins, president of the Family Research Council.
.. her lawyer has filed a lawsuit arguing that the nondisclosure agreement she signed is null and void because Trump himself never signed it. The suit, ingeniously, has given Daniels’s lawyer a pretext to make that agreement public.
.. for all its sordid details, it isn’t really a sex scandal. It’s a campaign finance scandal, a transparency scandal and potentially part of an ongoing national security scandal.
.. But the release of the NDA makes clear that Trump himself was a party to the agreement. If Trump authorized the $130,000 payment, it’s harder to explain away his campaign’s failure to disclose it, as required by law.
.. Sarah Huckabee Sanders, all but confirmed Trump’s involvement on Wednesday, when she said that a recent arbitration proceeding — the one that resulted in the temporary restraining order — was “won in the president’s favor.”
.. the “Al Capone problem.” The Daniels NDA refers repeatedly to “property” that she agreed to turn over to Trump, including video images, still images, emails and text messages. Eisen argues that Trump was required to report ownership of this property, as well as any obligations he might have had to reimburse Cohen for the $130,000, in his federal financial disclosure forms.
.. “The asset here is this incredibly valuable agreement with Stormy,” Eisen told me. “Imagine what she could get if she has texts or images. Imagine the millions she could command!
.. the Daniels story is germane to the overriding scandal of the Trump administration, the one involving Trump’s relationship with Russia. Christopher Steele, the British ex-spy who compiled an infamous dossier of opposition research on Trump, wrote that Russia could blackmail Trump with evidence of his “sexual perversion.”
.. The NDA does, however, show that Trump was susceptible to blackmail.
.. Steve Bannon told “Fire and Fury” author Michael Wolff that another Trump lawyer, Marc Kasowitz, “took care” of “a hundred women” during the campaign.
.. David Super, a professor at Georgetown University Law Center, told me he was surprised by how legally strong Daniels’s lawsuit seems, due to the way the original NDA was written.
.. “Any halfway competent lawyer could have drafted the contract so that he didn’t need to sign it,” Super said of Cohen and Trump. “But they didn’t do it that way.”
.. Among other things, the NDA forbids her from discussing Trump’s “alleged children” or “paternity information.” But the scandal will lie less in the details of Trump’s degeneracy than in the steps he and his lawyers took to cover it up.
“This is early days yet in the unfolding of this scandal,” said Eisen. Like Trump himself, it’s preposterous, but it’s not going away.