In Abusing Executive Powers By Firing Comey, Donald Trump Has Created A Cancer On His Presidency

Donald Trump, in abusing executive powers with the firing of James Comey, has created a cancer on the presidency the likes of which has not been seen since Watergate. While the president can legally fire the FBI Director, firing James Comey in this manner is unprecedented, violating the intent of the law to have an independent director for the FBI. Such independence does not fit in with Donald Trump’s personality. Few, if anyone believe his claim that firing Comey had anything to do with how he handled the investigation of Hillary Clinton. Trump is believed to have been waiting for a reason to fire Comey, between Comey contradicting Trump’s claim that Barack Obama had ordered a wiretap on him, and his investigation of the relationship between members of his staff and Russia.

Partisan differences should be put aside in defending the principle of an independent Director of the FBI. It would have been an abuse of powers if Hillary Clinton had been elected and fired Comey, and it is an abuse of powers that Donald Trump has now done so. The obvious comparisons to Richard Nixon firing Archibald Cox , which were previously raised when Trump fired Acting Attorney General Sally Yates for defying him on his unconstitutional immigration ban, have been raised again.

Dan Rather, who is very familiar with the abuses of power during Watergate, wrote this about Trump firing James Comey:

Future generations may mark today as one of the truly dark days in American history, a history that may soon take an even more ominous turn.

President Trump’s sudden firing of FBI Director James Comey is a matter that should deeply concern every American, regardless of party, partisan politics or ideological leanings.

The independence of our law enforcement is at the bedrock of our democracy. That independance, already grievously shaken under the brief tenure of Attorney General Jeff Sessions, is now shattered by uncertainty.

The firing of an FBI Director is always a very serious matter in normal times. But these times aren’t normal. Far from it. The Bureau is engaged in one of the most important and perilous investigations of this or any other presidency—the investigation of connections between the Trump election campaign and the Russian government.

The questions mount and the shadow grows darker. What were those connections? What did Mr. Trump know about them and when did he know it? How can the President explain the serious allegations against his former National Security Advisor Michael Flynn? And what is President Trump hiding in this regard? It’s imperative that the nation—We The People—get answers to those questions. It will take time, but the process must start now.

A politicized FBI is the last thing we need as we struggle through the maze of lies, concealment and ever-deepening mysteries. The last time a President fired prosecutors who were investigating him was Richard Nixon during the widespread criminal conspiracy known for short as “Watergate.” We all know how that turned out. In real ways, this potential scandal and coverup are much graver. We are talking about the very security of the United States and the sanctity of our republic.

Thomas Paine famously wrote in 1776: “These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. ”

I see this as having the potential for a similar reflection point in our American story. If there is a cover up, if our nation is at the risk that has certainly been more than suggested, it is incumbent upon everyone who claims to love this nation to demand answers.

We need a special prosecutor. We need an independent investigation. There is, obviously, much we don’t know about what has just happened, why it happened and why now. Just as obviously there is much more, so much more that we need know. We need to damn the lies and expose the truth.

I, and many others, felt a special prosecutor was necessary even before yesterday, not trusting the independence of any investigation from the Trump Justice Department. James Comey, regardless of what one thinks of  him, was independent and nonpartisan, and may have been our last shot of a fair investigation. Of course Congress should also continue their investigations, but in a situation such as this we cannot risk political distractions in Congress, and the subpoena power of a Special Prosecutor is necessary.

Others have presented arguments similar to that of Dan Rather. John Cassidy also compared this to Nixon’s Saturday Night Massacre:

It amounts to a premeditated and terrifying attack on the American system of government. Quite possibly, it will usher in a constitutional crisis. Even if it doesn’t, it represents the most unnerving turn yet in what is a uniquely unnerving Presidency.

Things like this are not supposed to happen in a liberal democracy, especially in one that takes pride, as the United States does, in safeguards put in place against the arbitrary exercise of power. The F.B.I. is meant to be an independent agency, above and beyond partisan politics and personal grudges. (That is why its directors are appointed for ten-year terms.) The President is supposed to respect this independence, especially when it comes to matters in which he has, or could have, a personal interest.

There is little in American history that compares to, or justifies, what Trump has now done. In recent times, the only possible precedent is the Saturday Night Massacre, of October 20, 1973, when Richard Nixon fired the special prosecutor investigating Watergate, Archibald Cox. Arguably, Trump’s Tuesday Afternoon Massacre was even more disturbing. In 1973, the two top law-enforcement officials in the land—the Attorney General, Elliot Richardson, and his deputy, William Ruckelshaus, refused to carry out Nixon’s dictatorial order to terminate Cox. It was left to the wretched Robert Bork, who was then the Solicitor General, to do the deed.

Jonathan Chait described this as a progression of what we have already seen from Trump:

Trump has demonstrated his inability to tolerate any authority that lies beyond his control. He disputes the right of courts to review and overturn his actions; he regards his power as a vehicle for enriching himself and his family, and recognizes no public right to know even the contours of his self-interest. It is fitting that Trump sent his personal bodyguard to hand-deliver Comey’s letter of termination. He sees the federal government as a whole as personally subordinate to himself, exactly like his business. He would no more tolerate independent legal enforcement investigating his potential misdeeds than he would allow his own private security detail to dig up dirt on him.

There is no longer any serious possibility that he will respect the norms of conduct governing his office. The only questions are how far his fellow Republicans, who control all the power in Washington, will let him go before they stop him, or whether the midterm elections will give Democrats the chance.

We do no know the degree to which firing Comey was motivated solely by intolerance of any review of his actions, as opposed to a desire to cover up the actions of himself or associates. Firing Comey when he was not only leading the Russia inquiry involving members of the Trump administration but requesting increased funding does create a strong presumption of guilt. While there is currently no evidence of any collusion between Donald Trump himself and Russians who allegedly tampered with the presidential election, the behavior of members of  his staff do suggest that they, if not Trump himself, do have something to hide.

Trump’s decision to fire Comey is very likely to backfire against him, increasing questions regarding what Trump knew about the actions of his staffers. The immediate effect on the investigation is unknown, even to those within the FBI, but this is not likely to go away. As John Harwood wrote, Trump’s firing of Comey endangers his entire presidency. Such an abuse of power could ultimately lead to impeachment if Trump is found to have been acting to obstruct justice by firing James Comey.

Update: Donald Trump’s Ominous Parallels To The Rise Of Authoritarianism

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4 Comments

  1. 1
    Narad says:

    Yadda yadda yadda.

    I come here for stories about Hillary and her legendarily awful campaign and confirmation that she and she alone was responsible for blowing an insurmountable lead over the Republicans – and you feed me this tripe?

  2. 2
    Ron Chusid says:

    If you want more on Hillary’s botched campaign, I have more sections of Shattered bookmarked and will be posting them in the future. This is a bigger story today. This blog covers a variety of dishonest right wing politicians, not only Hillary Clinton.

  3. 3
    Robert J Kolker says:

    Donald Trump's dismissal of Comey is a legal exercise of Presidential power.  Comey is (or was) head of the FBI  which is an office in the executive branch of government.  The President can hire as he will with the approval of the Senate and he can dismiss whom he will as he sees fit.  Nothing unconstitutional has occurred here. 

  4. 4
    Ron Chusid says:

    Saying it is not constitutional is a ridiculous defense, comparable to partisan Democrats defending Clinton by saying she wasn’t indicted.

    The point isn’t whether it is unconstitutional. It was an unprecedented act and an unethical abuse of presidential powers, and could be grounds for impeachment.

    It takes quite a strong degree of placing partisanship over principle to not see anything wrong with a president firing the FBI director, which is supposed to be a nonpartisan position, because he is investigating his administration, and has contradicted bogus claims he has made (re Obama wiretapping him).

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