Michael Gaynor
Last night's Hannity exquisitely exposed the anti-Trump insanity about President Trump's dismissal of FBI Director Comey
FacebookTwitterGoogle+
By Michael Gaynor
May 12, 2017

The notion that Comey should have been unremovable at least as long as the FBI was investigating alleged Russian involvement in the 2016 presidential election is nonsensical.

On May 9, 2017, President Donald Trump set off the anti-Trump haters by terminating James Comey's time as Director of the Federal Bureau of Investigation (FBI) upon the joint recommendations of Attorney General Jeff Sessions and Assistant Attorney General Rod Rosenstein's, whose duties included overseeing the FBI Director.

Those anti-Trump haters had wanted Comey removed (and perhaps drawn and quartered) during the 2016 presidential election, but then it was President Obama's call, not then Republican presidential hopeful Trump's.

On May 9, 2017, Wendy Long, Senate Minority Leader Chuck Schumer's challenger in New York's 2016 United States Senate race, tweeted: "History will applaud this memo by Rod Rosenstein, accepted by the Attorney General and acted upon by the President. http://www.independent.co.uk/news/world/americas/us-politics/james-comey-fired-memo-letter-in-full-rod-rosenstein-read-trump-sacks-fbi-director-a7727246.html?" (https://twitter.com/WendyLongNY).

Long is absolutely right, but Schumer is still in the United States Senate as obstructionist in chief (aka Democrat Leader).

Unsurprisingly, the liberal media isn't giving that memorandum the attention it deserves.

The memorandum is only two and a half pages, so there's no legitimate excuse for sharing its full contents with the public instead of playing politics to portray Trump as a would-be dictator and having Chris Matthews pretend to smell "a whiff of fascism."

Assistant Attorney General Rosenstein's memorandum is available at www.independent.co.uk/news/world/americas/us-politics/james-comey-fired-memo-letter-in-full-rod-rosenstein-read-trump-sacks-fbi-director-a7727246.html?amp.

The Memorandum began:

"The Federal Bureau of Investigation has long been regarded as our nation's premier federal investigative agency. Over the past year, however, the FBl's reputation and credibility have suffered substantial damage, and it has affected the entire Department of Justice. That is deeply troubling to many Department employees and veterans, legislators and citizens. The current FBI Director is an articulate and persuasive speaker about leadership and the immutable principles of the Department of Justice. He deserves our appreciation for his public service. As you and I have discussed, however, I cannot defend the Director's handling of the conclusion of the investigation of Secretary Clinton's emails, and I do not understand his refusal to accept the nearly universal judgment that he was mistaken. Almost everyone agrees that the Director made serious mistakes; it is one of the few issues that unites people of diverse perspectives. The Director was wrong to usurp the Attorney General's authority on July 5, 2016, and announce his conclusion that the case should be closed without prosecution. It is not the function of the Director to make such an announcement. At most, the Director should have said the FBI had completed its investigation and presented its findings to federal prosecutors."

The Memorandum ended:

"Although the President has the power to remove an FBI director, the decision should not be taken lightly. I agree with the nearly unanimous opinions of former Department officials. 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."

Last month Rosenstein, who served as a United States Attorney for Maryland for Presidents George W. Bush and Barack Obama, was confirmed as Assistant Attorney General by a vote of 94 to 6.

Instead of applauding President Obama's decision to replace Comey, Democrats are highly critical and demanding a special prosecutor be appointed to pursue the investigation into alleged Russian involvement in the 2016 presidential election.

President Trump removed Comey from office for good reason.

President Trump did not terminate that investigation.

President Trump is expected to nominate a successor to Comey shortly.

That nominee should not be prejudged.

The comparison of Comey's removal by Trump to what has become known as President Nixon's "Saturday Night Massacre" is absurd.

Last year then Democrat Senate leader Harry Reid announced that Comey should go for the way he had handled the investigation of then Democrat presidential candidate Hillary Clinton, but President Obama left Comey in place.

After President Trump was inaugurated last January 20th, Senate Democrats led by Schumer stalled the replacement of cabinet officers, including the Attorney General.

Sessions was not confirmed as Attorney General until February 9.

Rosenstein was not confirmed until April 25.

Rosenstein acted promptly after Comey testified before Congress on May 3 to defend his actions with respect to the FBI's investigation of Hillary Clinton's email and private server and warn about Russia.

As Rosenstein related in his Memorandum, he had consulted with "former Attorneys General and Deputy Attorneys General from different eras and both political parties."

Rosenstein summarized what he had been told by them as follows:

"Judge Laurence Silberman, who served as Deputy Attorney General under President ord, wrote that 'it is not the bureau's responsibility to opine on whether a matter should be prosecuted'. Silberman believes that the Director's 'performance was so inappropriate for an FBI director that [he] doubt[s] the bureau will ever completely recover.' Jamie Gorelick, Deputy Attorney General under President Clinton, joined with Larry Thompson, Deputy Attorney General under President George W. Bush, to opine that the Director had 'chosen personally to restrike the balance between transparency and fairness, departing from the department's traditions'. They concluded that the Director violated his obligation to 'preserve, protect and defend' the traditions of the Department and the FBI."

Rosenstein acted promptly after he took office and consulted appropriately.

The notion that Comey should have been unremovable at least as long as the FBI was investigating alleged Russian involvement in the 2016 presidential election is nonsensical.

The FBI Director serves at the pleasure of the President.

Schumer and allies should remember that elections have consequences and wait to find out whom President Trump nominates to replace Comey.

Hyperpartisan Democrats like Schumer are not even ashamed to be exposed as hypocritical with videotape and pretend that they should make decisions for President Trump.

Last night's Hannity covered this subject superbly, by presenting many indisputable facts not mentioned much on other channels.

Hannity's opening monologue was compelling.

He really crushed it.

It was clear that the Trump haters attack virtually everything he does and are fixated on delaying and distracting.

Brilliant lawyers Mark Levin and Jay Sekulow explained that there was not constitutional crisis and why the comparison to the "Saturday Night Massacre" was absurd.

Lawyer Geraldo Rivera quibbled over the timing of Comey's dismissal, but even he acknowledged that there was no constitutional crisis and he could not refute the facts cited by Sekulow.

What is tragic is not Comey's dismissal.

What is tragic is that the cancer of liberal media bias is metastasizing because Trump is President and working hard to fulfill his campaign promises.

© Michael Gaynor

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

Click to enlarge

Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)

Subscribe

Receive future articles by Michael Gaynor: Click here

More by this author

December 7, 2017
President Trump should privately consult Ed Rollins and appoint a new attorney general to supervise Special Counsel Mueller's investigation


December 6, 2017
Bad jury verdicts like the one that found Kate Steinle's death to be a tragic accident are shameless politicking


October 22, 2017
Sharon Waxman and Bill O'Reilly are both right. New York Times spikes legitimate exposes when they don't fit its business and/or political agendas


September 13, 2017
George Soros anointing Patrick Gaspard is bad news


August 17, 2017
Is the liberal media deliberately shilling for the far left or blinded by Trumpphobia to its misdeeds?


August 8, 2017
President Trump won't kowtow to or pay off North Korea


August 2, 2017
Tragically, aging and ailing Senator McCain teamed with "resist" Democrats and pro-Planned Parenthood nominal Republicans Lisa Murkowski and Susan Collins to prolong Obamacare and postpone Trumpcare


June 12, 2017
Senator Gillibrand is the reckless liar, not President Trump!


May 31, 2017
Does the price of the Murdochs owning Sky entirely include Sean Hannity leaving Fox News?


May 30, 2017
Will President Trump invoke the Bush Doctrine to eliminate the North Korean nuclear threat?


More articles