Tag Archives: firing

Rosenstein Spared

09 Tuesday Oct 2018

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It has been reported that President Donald Trump has no intention of firing Deputy Attorney General Rod Rosenstein. There was some speculation that a firing or resignation would occur after it was reported by the New York Times that Rosenstein had discussed removing the President via the 25th amendment and recorded him secretly, though Rosenstein denied both allegations. Now, after a nice flight the two shared to Florida, Trump announces that he doesn’t intend to make any changes to the Justice Department.

This is surprising, considering the menagerie of firings Trump has collected throughout his campaign and administration.  However, there was some speculation that firing Rosenstein could amount to obstruction of justice, and with midterms looming, it may be that Trump is looking to avoid another scandal. This issue very well may resurface after November.

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Presidential Obstruction of Justice

20 Thursday Sep 2018

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This article from the California Law Review, written by Daniel J. Hemel and Eric A. Posner and entitled Presidential Obstruction of Justice, examines the standard for charging a United States president with obstruction of justice in light of his role as head of the executive branch and federal law enforcement. The authors assert that a president does violate the law when he obstructs justice with an improper purpose and explore what that improper purpose might be. They ultimately claim that when a president acts/obstructs justice to “take care that the laws be faithfully executed,” his purpose is proper, but that otherwise it is not.

This analysis is of course significant in light of President Trump’s firing of Former FBI James Comey which some believe was an act obstructing justice. The friction between Comey and Trump was brought to the forefront again on Monday when the President ordered that Comey’s communications be released to the public along with ” 20 pages of a 2016 surveillance application targeting former Trump campaign adviser Carter Page and Justice Department official Bruce Ohr’s notes related to the Russia probe.” Comey believes that Trump is trying to root out a procedural mistake made by the FBI, but is confident he will not find one.

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The Firing of Flynn and Comey

24 Wednesday Jan 2018

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Special Counsel Robert Mueller is  seeking to interview President Trump about the firing of former FBI Director James Comey and the departure of former national security adviser Michael Flynn. Comey was in the midst of an investigation of Trump’s campaign’s connections with Russia when he was fired by the President, and Flynn resigned, apparently under pressure from the President, for lying about his contacts with the Russian Ambassador, Sergey Kislyak.

The firing of Comey has often been cited as obstruction of justice, and the removal of both Comey and Flynn could indicate that the President is guilty of collusion. Regardless of whether that is the case, however, Mueller’s attempts to interview the President indicate that he is nearing the end of his investigation. Whether the President will submit to an interview remains to be seen.

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FBI Director Pressured to Remove Deputy Director

23 Tuesday Jan 2018

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FBI Director, Christopher Wray threatened to resign if Deputy FBI Director, Andrew McCabe, was removed from his post. Attorney General Jeff Session apparently pressured Wray to remove both McCabe and the FBI’s lawyer James Baker from their posts (though it is unclear whether that meant firing or transfering the two). Baker was reassigned last year. President Trump has also made his distaste for the Deputy Director known via twitter, apparently for the way he handled Hillary Clinton’s email scandal.

The pressures Wray is facing remind me of the firing of former FBI Director James Comey, who was in the midst of investigating Trump’s connections with Russia when his position was terminated. Commentators feel that the firing of James Comey could constitute obstruction of justice, a potentially impeachable offense. The pressure to remove to McCabe would likely not constitute further obstruction of justice, as it unclear that McCabe is currently involved in the investigation of Russian collusion. However, the pressure put on Wray does show a pattern of interference with the FBI which paints the President in a negative light. One would think that after the firing of Comey, the White House would take a hands off approach.

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Mueller to Interview Trump

09 Tuesday Jan 2018

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Special Counsel Mueller intends to interview President Trump soon, a decision which some believe signals the nearing of the end of his investigation. Though Trump has said that he is happy to talk about Russian collusion, a conversation he believes he will clear his name, his lawyers are scrambling to find a way to avoid or limit Mueller’s interview. Commentators believe what they are trying to avoid are questions about obstruction of justice: namely the firing of former FBI Director James Comey, and the lies former national security adviser, Michael Flynn, told the FBI.

Regardless of the motive for the interview, however, the timing could not be better for Democrats. With the 2018 midterms fast approaching, should Mueller’s investigation come to a close soon, its results may be a boon to Democrats running for Congress. And of course, if Democrats are able to obtain a majority in the House and Senate, impeachment will become more likely.

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Chairman Nunes on the Prowl

01 Monday Jan 2018

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Representative Nunes, Chairman of the House Intelligence Committee, is using his position to take an offensive role against the Federal Bureau of Investigation (FBI). Nunes intends to issue a contempt citation against the agents who sent texts about President Trump,  and plans to issue a corruption exposé about the FBI. There has been some speculation that these offensive tactics, indicate that Special Investigator Mueller will soon be fired. If Nunes carries out his intentions, it may help to build a case for said termination.

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The Ethical Government Lawyer

25 Monday Sep 2017

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In this article from the Creighton Law Review, former US Attorney, John McKay, examines the challenges a government lawyer has in maintaining his integrity, both in general and under the Trump administration. John McKay was ordered to resign, along with 8 others, during the Bush administration in 2007, in an event now known as the “Fired U.S. Attorneys Scandal.”

The following is an excerpt from his article:

“Ethical conduct in the face of power can be daunting. Lessons drawn from the past, including the United States Attorney Firing Scandal, seem applicable in the glare of today’s headlines. Demonstrating a willingness to elevate principle over self-interest, especially when defending the rule of law, is the mark of ethical leadership. Naked power, whether it be Israeli forces utilizing American weapons or emanating from a dysfunctional Oval Office exercise, is ultimately no match for singular acts of conscience.
As those of us who were fired a decade ago well know, there are some principles more important than holding on to an impressive government job title. It seems that the recent firings in the Trump Administration will not be the last. Government lawyers and leaders will be called upon to do the right and ethical thing as required by the law–even if doing so means they, too, might be fired.”

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