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Tag Archive: James Comey

The Drip, Drip of Obstruction News


The news yesterday that Donald Trump asked the Director of National Intelligence, Daniel Coats, and the director of the National Security Agency, Adm. Michael Rogers, to publicly deny the existence of any evidence of collusion between the Russians and the Trump campaign to influence the presidential election may, or may not, contribute to the overall emerging picture of obstruction of justice by the president.…   continue »

Norms Watch: Tracking the Erosion of Democratic Traditions (May 12-19)

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A memo allegedly written by former FBI Director James Comey suggests that President Trump pressured Comey to drop the investigation of Michael Flynn, providing some of the strongest evidence yet that Trump improperly attempted to directly influence the investigation into his campaign’s alleged illicit contacts with Russia.  continue »

The Impeachment Clause and Two Types of “Bribery”

It is one of the most insidious developments of our constitutional discourse that many people still believe that the grounds for impeachment are, “whatever the House of Representatives thinks they are.”  The intellectual history of our jurisprudence that is reflected in this absurd assertion is of interest in itself,[1] but suffice it to say that, as we are reminded in Marbury v.…   continue »

The Downward Spiral


Last week, I questioned whether President Donald Trump might have potentially engaged in the obstruction of justice when he fired then-FBI Director James Comey. Yesterday, another bombshell. The alleged Comey memo. The memo itself has not been seen by the public (or the reporter who broke the story), but if what’s been reported is, in fact, in there — that the president first cleared the room of both Vice President Mike Pence and Attorney General Jeff Sessions before expressing his not-so-subtle “hope” that the Flynn investigation be dropped — followed by the firing of Comey when that “hope” was not met, then I don’t think we are in the land of speculation anymore.…   continue »

A Prosecutor’s View: The Evidence of Trump’s Obstruction is Now Compelling


There has been considerable discussion over the last week about whether President Donald Trump committed the crime of obstruction of justice when he fired James Comey as director of the FBI. Caution has been important in this debate because obstruction of justice is a difficult crime to prove, the beyond a reasonable doubt standard for criminal prosecution is an onerous one, and not all the facts are known.…   continue »

The Comey Memorandum and the Take Care Clause

Last week, President Trump created another firestorm when he fired James Comey as Director of the Federal Bureau of Investigation (FBI). On Tuesday, several news organizations confirmed that Comey wrote an internal memorandum on February 14 indicating that President Trump asked him to shut down the FBI’s investigation of former National Security Advisor Michael Flynn.  continue »

Never Waste A Good Crisis, FBI Edition

President Trump’s decision to summarily dismiss now-former FBI Director James Comey has sparked grave concerns in many quarters.  The move has been described as a profoundly dangerous example of the President’s authoritarian instincts.  It has led to warnings of a potential constitutional crisis, speculation whether the president is guilty of obstruction of justice, and skepticism that the President’s proffered reasons for the termination actually underlie his decision.  continue »

President Trump: Don’t Replace Andrew McCabe

Yesterday, James’ Comey’s former deputy, now Acting Director of the FBI, Andrew McCabe, demonstrated that he, too, is willing to speak his mind (read: will not be bullied into quiet submission).

In sharp contrast to the claims of White House spokesperson Sarah Huckabee Sanders, who claimed on Wednesday that rank-and-file FBI employees had lost confidence in their former Director, he told the Senate Intelligence Committee that Comey “enjoyed broad support within the FBI and still does to this day.”

McCabe further rejected the assertion, also made by Sanders, that the Russian investigation was one of the “smallest things on [the FBI’s] plate,” calling it instead a “highly significant investigation.”

Given the risks that Trump fired Comey in an effort to tamp down the investigation of his campaign’s ties to Russia – and embroiled even his new Deputy Attorney General in these efforts – such independence is a reassuring breach of fresh air.  …   continue »