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You're Hired: Tracking the Trump Administration Transition - May 10, 2017
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This is the May 10, 2017, edition of an email sent from November 2016 to September 2017 that covered Donald Trump's presidential transition, cabinet appointees, and the different policy positions of those individuals who may have had an effect on the new administration. Previous editions of "You're Hired" can be found here.
Yesterday afternoon, President Trump fired FBI Director James Comey, citing a lack of confidence in Comey’s ability to lead the bureau. In today’s edition, we will give a timeline of events leading up to the dismissal, focusing on Comey’s experience, his role in recent investigations involving Trump and Hillary Clinton, and the Trump administration’s stated reasoning for Comey’s termination.
Who is James Comey?
Comey was nominated to be the director of the FBI in June 2013 by President Barack Obama (D). He was confirmed in September 2013 by a vote of 93-1. Trump asked Comey to stay in his position on January 24, 2017.
Prior to serving as FBI director, Comey—who studied law at the University of Chicago—was a professor of law at Columbia University, and he served as United States deputy attorney general under John Ashcroft in the George W. Bush (R) administration.
He had also worked as a federal prosecutor in the administrations of Ronald Reagan (R), George H.W. Bush (R), and Bill Clinton (D). In 2004, during his time as deputy attorney general, Comey refused to reauthorize a Bush administration surveillance program because the justice department believed it to be unlawful. Comey was acting as attorney general at the time because Ashcroft had been hospitalized.
2016 presidential election
Comey had two major moments in the presidential election, both concerning the investigation involving Democratic nominee Hillary Clinton’s use of a private email server when she was secretary of state.
July 2016 press conference
On July 5, 2016, after nearly a year investigating whether Clinton had committed a crime in her handling of classified materials, Comey held a press conference to announce that the FBI would not file charges against Clinton.
In his statement, he said, “Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. ... In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.”
October and November 2016 letters
On October 28, Comey announced in a letter to 16 members of Congress serving on oversight and intelligence committees that the FBI had found “emails that appear to be pertinent” to the agency's investigation of Clinton's private email server use. The emails had been discovered on devices seized from Clinton aide Huma Abedin and her husband, former U.S. Rep. Anthony Weiner (R-N.Y.), as part of a separate investigation regarding inappropriate communications sent by Weiner to a minor.
On November 6, he submitted another letter notifying Congress that the review of the additional emails had been completed and that the FBI’s conclusion to not prosecute Clinton remained unchanged.
January 2017 Inspector General review
Michael Horowitz, the Justice Department’s inspector general, announced on January 12, 2017, that he was opening an investigation into how Comey handled public disclosures about Clinton's private email server investigation. Horowitz intended to review Comey's July 2016 press conference, the letter he submitted to Congress in October 2016, and whether the timing and audience of other disclosures were appropriate.
FBI investigation of Trump campaign
March 2017
On March 20, 2017, Comey testified before the House Intelligence Committee about the FBI’s counterintelligence activities. During his opening statement, Comey confirmed that the FBI was investigating potential ties between the Trump campaign and the Russian government, although he could not disclose whose conduct was under review.
Comey said, “I’ve been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government’s efforts to interfere in the 2016 presidential election. And that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government, and whether there was any coordination between the campaign and Russia’s efforts.”
During this same hearing, Comey testified that Clinton aide Huma Abedin had forwarded a large number of classified emails to her husband. He said, “She forwarded hundreds and thousands of emails, some of which contain classified information.” Yesterday, the FBI sent a supplement testimony, stating that Comey’s comments were inaccurate. The testimony concluded that “most of the emails found on Mr. Weiner's laptop computer related to the Clinton investigation occurred as a result of a backup of personal electronic devices, with a small number a result of manual forwarding by Ms. Abedin to Mr. Weiner.”
Firing
May 10, 2017
As director of the FBI, Comey was appointed to a fixed 10-year term. At any point, the president has the authority to fire the director. Prior to yesterday’s action by Trump, William Sessions was the only other FBI director to be removed from office; he was removed by Bill Clinton in 1993.
White House rationale for firing Comey
Yesterday, the White House released three letters concerning Comey’s dismissal. The basic rationale was that Comey’s public handling of the Clinton email investigation during the election was inappropriate and eroded public trust in the FBI.
- President Trump: Trump’s letter was short. He dismissed Comey, saying that Comey was “not able to effectively lead the Bureau.”
- Attorney General Jeff Sessions: Sessions’ letter, addressed to the president, was also short. He recommended Comey’s termination, indicating that “a fresh start is needed at the leadership of the FBI.” Sessions based his reasoning on Comey’s decision to comment publicly on the investigation into Clinton’s email use.
- Deputy Attorney General Rod Rosenstein: Rosenstein’s memo, addressed to Sessions, detailed his rationale for termination, focusing primarily on Comey’s decisions to hold a press conference in July and to send two letters to Congress in October and November 2016 concerning Clinton’s email use. Rosenstein concluded, “The way the Director handled the conclusion of the email investigation was wrong. As a result, the FBI is unlikely to regain public and congressional trust until it has a Director who understands the gravity of the mistakes and pledges never to repeat them. Having refused to admit his errors, the Director cannot be expected to implement the necessary corrective actions.”
What comes next?
The FBI’s work going forward will be determined by whoever Trump nominates to fill the role of director. That nominee will need approval by the Senate, requiring 51 votes for confirmation. The process is like that for Cabinet nominees—beginning with committee hearings and ending with a vote by the full Senate. The nominee would first meet with the Senate Judiciary Committee, chaired by Sen. Chuck Grassley (R-Iowa).
Traditionally, the director has been confirmed unanimously. According to the Congressional Research Service, Rand Paul’s (R-Ky.) vote against Comey in 2013 was the only vote against a nominee for FBI director since 1973, when the office was first voted upon as a presidential appointment requiring Senate confirmation.
See also
- You're Hired: Tracking the Trump Administration Transition
- Donald Trump presidential transition team
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