Showing posts with label James Comey. Show all posts
Showing posts with label James Comey. Show all posts

Thursday, June 08, 2017

The Trump Defense Splits in Two, and the Big Story Remains Flynn

James Comey's testimony this morning was noteworthy in a number of ways without itself changing the broader political dynamics surrounding the Trump administration. Comey confirmed a number of specific revelations about his relationship with Trump in public and under oath, implying that he viewed Trump's behavior as quite possibly constituting abuse of power or obstruction of justice. Along the way, he signaled that former national security advisor Michael Flynn is being investigated for potentially lying to the FBI, and hinted opaquely that attorney general Jeff Sessions is sufficiently connected to the issue of Russian electoral sabotage that he properly needed to recuse himself from any Justice Department inquiries into the subject.

Anyone expecting Republican officeholders to begin suggesting based on today's events that Trump may have committed an impeachable offense was undoubtedly disappointed. As I've written before, impeachment is a political—and largely partisan—process, and Republicans simply have no political incentive to pursue it.

At the same time, it was easily apparent this morning how few true fans Trump has within his own party. On this score, what didn't happen at the hearing was as telling as what did. No Republican really offered an endorsement of Trump's behavior; most simply ventured that there might be a less damning explanation for it than the one offered by Comey and repeatedly emphasized that the FBI's counterintelligence investigation had not reached Trump himself. Republicans declined to criticize Comey's own leadership of the FBI, to suggest that he was misrepresenting any facts, or even to explicitly challenge Comey's assertion that he was fired in retribution for his handling of the Russia investigation. Some senators were clearly much more comfortable talking about the Obama administration, Hillary Clinton, or inaccurate stories in the media than the actions of the current president at the heart of Comey's testimony.

When combined with the pugnacious statement released today by Trump's personal lawyer, the hearing confirmed that the Republican Party's defense of Trump on the Russia issue has split into two different tracks. Many congressional Republicans have adopted the position of conceding, or at least not disputing, Comey's factual claims while offering a more benign interpretation of the evidence—perhaps, as House Speaker Paul Ryan suggested this morning, this is all just a big misunderstanding stemming from Trump's inexperience in government. Their approach differs substantially from Trump's own case, which is built around the accusation that Comey is an outright villain who has intentionally lied under oath and improperly disclosed information to the press.

The first defense is obviously much safer ground than the second for Republican politicians, who hold some respect for Comey and who by now have learned not to lean too heavily on Trump's word about anything. But it will be interesting to see whether Trump is satisfied with their devotion to this version of events, or if he becomes frustrated with the reluctance of his own fellow partisans to publicly trash Comey on his behalf. It also raises the probability that Trump will once again take to Twitter to personally mount his own defense, even though Comey explained today that an ill-advised presidential tweet actually set in motion the appointment of a special prosecutor last month.

To some critics, Comey's account itself provides Congress with sufficient grounds to begin impeachment proceedings. But while it's legally or constitutionally defensible to argue that obstruction of justice can occur regardless of what the underlying crime is (if any), there's no way that the political act of impeachment goes anywhere without a lot more damaging evidence than is now available about what was being covered up. So we end the day with more notable details filled in, but with the central mystery of this entire matter still frustratingly unresolved: why did Trump go to such lengths to protect Michael Flynn? Until this question has a clear answer, impeachment remains a purely hypothetical scenario.

Thursday, May 11, 2017

Why Congressional Republicans Won't Abandon Trump Over Comey

Donald Trump's decision to fire FBI Director James Comey this week might well be the single most damaging event so far of a presidency that has been defined by unrelenting chaos since its first day of existence. Sprung on the country with so little warning that even the White House's own press shop was caught completely unprepared to address the subject, the Comey sacking was accompanied by a public justification so completely implausible that Trump's own aides readily conceded its falsity to the press once guaranteed anonymity. It was immediately obvious that Trump's action was not motivated by a desire to avenge the unfair treatment of Hillary Clinton but was instead intended to squelch the FBI's investigation of his own campaign's ties with Russia—inspiring a plethora of comparisons to Richard Nixon's "Saturday Night Massacre" and raising dark musings about obstruction of justice and other impeachable offenses.

Axing Comey was a bungle of multi-dimensional proportions. Trump may have been sick of hearing about Russia every time he turned on the television, but his "solution" to this particular problem merely ensured that cable news will talk about little else for weeks or more. Making enemies in the FBI also increases the probability that damaging information winds up leaking to the media, and any indication that pressure from the top has indeed attempted to curtail the Russia probe will set off a ten-ton explosion inside the Justice Department. It also makes the president look as if he is guilty of a serious offense—whether or not he actually is.

One might expect congressional Republicans to distance themselves as much as possible from the Comey affair, if only for the purposes of political self-preservation. With a few exceptions, however, party members have remained supportive of Trump's decision to fire Comey and dismissive of suggestions that the circumstances warrant the appointment of a special counsel or formation of an independent investigatory commission. House Speaker Paul Ryan characterized Trump's action as "an important command decision" and argued that "it was entirely within the president's role and authority to relieve" Comey. Senate Majority Leader Mitch McConnell similarly rejected Democratic calls for a special prosecutor on the Senate floor Wednesday morning, suggesting that the entire controversy was merely an exercise in partisanship.

It's likely that most Republicans in the House and Senate privately view the Comey firing as a mistake on Trump's part, and may even worry that the new president will continue to lurch from one self-made crisis to another over the next 18 months. But that doesn't necessarily mean that they think creating daylight between Trump and themselves would work to their own benefit. Republicans commonly view the successful mobilization of their own party's conservative base as the decisive factor in elections, rather than courting of the independent or swing vote. Under this theory, turning against Trump—no matter how much his behavior might justify it—only hurts the congressional party by reducing the enthusiasm of Republican voters for showing up at the polls in 2018 and 2020.

McConnell in particular believes that voters are persuaded more by partisan cues than by objective facts. His openly-acknowledged justification for preventing any bipartisan agreement on health care reform during the Obama administration was that bipartisanship "tend[s] to convey to the public that this is OK, they must have figured [the issue] out," resulting in broad popular support. In other words, voters are significantly more likely to approve of a policy endorsed by members of both parties than an identical policy over which Democrats and Republicans remain divided—which means that one's own party should avoid conceding ground to the positions adopted by its opponent whenever possible.

To McConnell, Republican support for any Democratic calls to investigate Trump would only signal to voters that Trump had indeed done something wrong, further reducing the president's public support and thus giving the Democrats even more of an advantage. Converting every Trump-related controversy into a partisan food fight instead allows Republicans to summon their base to rally behind them in yet another polarizing battle against the left. Since Democratic supporters are already likely to be highly motivated to turn out against Trump in the next two elections, Republicans are concerned about whether their own side will match their opponents' level of engagement.

Of course, this approach carries certain risks. The most obvious danger is that congressional Republicans could wind up chaining themselves more tightly to Trump just as he plummets off a political cliff. The lack of a meaningful difference between Trump and the rest of the Republican Party gives anti-Trump voters good reason to replace even personally popular Republican incumbents with Democratic challengers. Unless Trump finds a way to bolster his national popularity in the future, even a relatively energized Republican base may not be enough to protect the party against a wider popular backlash among Democrats and independents.

It's also quite possible that Ryan and McConnell would be better served in the long run by buzzing a warning pitch or two under Trump's chin at this stage of his presidency. Automatic party support for his various antics in office may only reinforce bad behavior on Trump's part, making future Comey-scale debacles all the more likely and dragging the entire party into an inescapable political morass. Occasional demonstrations of independence by congressional Republicans might have a constraining effect on a president with flawed knowledge, instincts, and judgment, encouraging him to consult with a wider array of interlocutors and steering him away from the most disastrous courses of action. Normally, party leaders' interests are not well-served by greater intra-party tension. But we are, at the moment, a fair ways off from normalcy.