Obstruction

It is clear in former FBI Director Comey’s written testimony that he thought President Trump tried to obstruct the investigation of his former National Security Adviser Mike Flynn. Comey quotes the President:

“I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.”

What is slightly less clear is whether Trump was trying to obstruct the investigation into his own contacts with the Russians.

As Comey explains in his memo, it is standard procedure to assure a target of a foreign intelligence operation that the target is not under investigation, only the attempt to influence or blackmail him. That is what Comey says he did, more than once, in connection with the dossier a former British intelligence agent had prepared on Trump’s Russia connections. Trump couches all his comments about himself in terms of removing the cloud from his presidency by making it known to the public that he himself was not under investigation, which is arguably not obstruction unless that intent can be demonstrated.

Comey did not tell Trump that his and his campaign’s connections to the Russians were not under investigation. That is now the objective of Special Counsel Mueller’s efforts, as a result of Trump’s firing Comey. Trump presumably did not understand the distinction between a counter-intelligence investigation in which he was the target of a foreign operation and one in which his own activities might be at issue. He is not a guy who readily perceives such fine distinctions.

According to Comey’s testimony, Trump’s concerns in several conversations revolve primarily around his own public image and Comey’s personal loyalty. Neither of those surprises. The conversations sound more like a Mafia boss squeezing a subordinate than a president talking to an independent agency chief responsible for prosecuting crimes. Comey reports Trump saying,

“I need loyalty, I expect loyalty.” I [Comey] didn’t move, speak, or change my facial expression in any way during the awkward silence that followed. We simply looked at each other in silence.

That must have been fun!

In my experience, smart US government officials are assiduously respectful of the judicial process. They do not try to interfere to affect their course unless given an explicit opportunity to answer questions, testify, or provide a deposition. Trump’s behavior was out of order, but proving it was criminal obstruction would require evidence of intent, which is not yet available with respect to the President’s own interactions with the Russians, even if it would be pretty easy to assume it.

Comey’s testimony is prepared with admirable skill, literary style, and forethought. I doubt anyone will get much more out of him in the oral testimony tomorrow. This is a man capable of discipline, restraint, and good judgment, even if he behaved badly towards Hillary Clinton. Trump would be well-advised to rethink tweeting spontaneously tomorrow, or tweeting at all. Anything he says might be used against him in a court of law, as his tweets on the travel ban will be.

Of course I won’t mind if the President shortens his time in office. He has already done major damage to the US healthcare system, American alliances, and the international system. He would gladly sell us out to the Russians if provided the opportunity. I wouldn’t want to obstruct his self-destruction.