Andrew McCabe, former Deputy Director of the FBI, claimed in his "60 Minutes" TV interview that President Trump may have committed a crime when he fired
James Comey.
I think the American people need to hear the truth as well as the law. Under the Omnibus Crime Control Act and Safe Streets Act of 1968, Public Law 90-3351, the Director of the FBI is appointed by the president and confirmed by the Senate. While his or her term is ten years, they serve at the discretion of the president. The new president can fire an FBI director that was appointed and confirmed under the old president.
President Obama appointed James Comey, and President Trump under Public Law 90-3351, passed by Congress, has the authority to make a change at the head of the FBI.
The Atlantic printed a copy of the Rosenstein recommendations for dismissal:
Judge Laurence Silberman, who served as Deputy Attorney General under President Ford, wrote that "it is not the bureau's responsibility to opine on whether a matter should be prosecuted." … 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.
One last Attorney General stepped in to say what he thinks.
Eric Holder, who served as Deputy Attorney General under President Clinton and Attorney General under President Obama, said the Director’s decision "was incorrect. It violated long-standing Justice Department policies and traditions. And it ran counter to guidance that I put in place four years ago laying out the proper way to conduct investigations during an election season." Holder concluded that the Director "broke with these fundamental principles" and "negatively affected public trust in both the Justice Department and the FBI."
Now we move on to Rosenstein, who was appointed to his position as Assistant Attorney General by President Obama. He made, along with Attorney General Jeff Sessions, the recommendation to the president that Comey should be fired.
Andrew McCabe suggests that there was an active discussion among the leadership of both Justice and the FBI about invoking the 25th Amendment. This amendment deals with presidential disability and succession. It is sometimes referred to as the Wilson Amendment, because President Wilson was sick and unable to govern. Some at the time were concerned that Mrs. Wilson was running the country. The amendment calls for the vice-president and a majority of the cabinet to certify that the president is not fit to govern and should be removed and replaced by the elected vice-president.
The fact that the discussion took place and that there was a possibility discussed that Rosenstein could wear a wire to record the conversation with President Trump was, according to retired Harvard Law Professor Alan Dershowitz, what could be considered an attempted “coup d’état.”
The idea that non-elected officials in the Justice Department and the FBI are considering orchestrating an overthrow of the president should scare all of us to death. We need a house cleaning at both the FBI and the Justice Department.
According to Pew Research, on July 24, 2018, one in four Americans had lost faith in the FBI. Given revelations of the last few months, I would expect the number will go up. America needs to come to grips with its own naivety and let the elected leaders clean up the FBI and Justice Department. So far, though, they have proven they can’t do it themselves. It pains me to say it, but we need a special counsel to expose this corruption of ideas as to how the Justice Department and the FBI should be run.
Dan Perkins is an author of both thrillers and children’s books. He appears on over 1,100 radio stations. Mr. Perkins appears regularly on international TV talk shows, he is current events commentator for seven blogs, and a philanthropist with his foundation for American veterans, Songs and Stories for Soldiers, Inc. More information about him, his writings, and other works are available on his website, DanPerkins.guru. To read more of his reports — Click Here Now.