On the 2016 campaign trail, President Donald Trump promised to “drain the swamp” in Washington, but while the president has done his best to make good on his word, his hands have been tied by none other than the White House counsel’s office.
According to a bombshell report from the New York Times, the president considered prosecuting former Secretary of State Hillary Clinton and former FBI Director James Comey in the spring of this year. But Trump’s lawyers weren’t fans of the idea, and reportedly talked him out of it.
Abuse of power?
Trump has voiced his desire to see Clinton and Comey investigated for crimes against the state numerous times on Twitter, and despite the fact that presidents generally stay out of Justice Department affairs, he was even willing to take a step toward prosecuting the pair, according to the Times report.
But the Chicago Tribune reported that former presidential attorney Don McGahn told Trump that “he had no authority to order such a prosecution, and he had White House lawyers prepare [a] memo arguing against such a move.”
McGahn went on to say that “Trump could request such a probe[,] but that even asking could lead to accusations of abuse of power.”
Still, the Times reported that the president has been persistent in his desire to prosecute his political adversaries, and that he may even appoint a special counsel for the task.
The Times’ report was reportedly substantiated by “people familiar with the conversation” and “people who had spoken to Trump about the matter.” It was confirmed by the Associated Press, who spoke with “a person familiar with the matter who was not authorized to discuss the situation” publicly, according to the Tribune.
Where to begin?
While Trump’s lawyers may feel that he doesn’t have the constitutional authority to order the prosecution of these former government officials, there is no doubt that at least an investigation into Clinton and Comey by the Justice Department would be warranted.
In fact, from Clinton’s illegal use of a private email server for confidential communication to fraudulent behavior by the Clinton Foundation to Clinton’s role in the Barack Obama administration’s Uranium One deal with Russia, there is plenty of evidence for prosecutors to consider against the former first lady and Democratic presidential contender.
Perhaps that is why Trump was so frustrated with his former attorney general, Jeff Sessions, who failed to take action against Clinton further than by directing a senior federal prosecutor to look into the uranium transaction.
Moreover, John Dowd, Trump’s former attorney, “urged Deputy Attorney General Rod Rosenstein in a memo last year to investigate Comey and his handling of the Clinton email investigation,” according to the Tribune. But a marked hesitancy to investigate and prosecute their former colleagues seems to remain among top government officials.
That’s why it’s so important that the president takes matters into his own hands. If Trump doesn’t push for the rightful investigations of disgraces like Clinton and Comey, who will?
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