Before anyone says that the legal opinions provided here are not valid, because I’m not a practicing lawyer, let me just say this. It is not good to be overly specialized in one particular field of endeavor. Every person should make themselves well versed in many aspects of human society and its inventions—and law is one of those inventions. It is just as good to know the basics of the legal profession as it is to know how to change the oil in your car. The declaration that one should not have a legal position because they aren’t playing golf with county judges on Saturdays doesn’t mean that opinions of great merit cannot be made. But in my case I do have quite a lot of legal experience in law even to the point of representing myself in court because I deemed legal counsel ill-equipped intellectually to do so on my behalf. And I have always been successful in these endeavors even when the other side threw in a lot of resources hoping to tip the scales of justice. In that context I can say with certainty that Donald J. Trump absolutely can never be prosecuted, impeached, or in any way penalized for obstruction of justice in the White House over the James Comey termination. Trump is free of guilt 100%–unequivocally. Here’s why.
Clearly from the testimony I heard James Comey give Trump fired the former FBI director based on merit—meaning Comey had failed at his job. When Comey started his testimony rehashing his work experience using the many times that President Trump had told him he was doing a good job, he was seeking to cover-up the later opinions which led to the termination with feel good language designed to illicit a cover-story—which is typical of most government employees who find it difficult to live within the parameters of reality. Government work tends not to be merit based, but viewed more as an entitlement—so Comey’s testimony was geared to support that false reality.
Putting Comey’s account into direct comparison with Donald Trump’s—if I were the judge sitting in a chamber debating the legal positions put forth I would have to conclude that Comey was insecure with his job performance during the fall of 2016 and his new boss was a merit based individual which was terrifying enough to the FBI Director. So Comey hoped to keep his head low and avoid any confrontations with Trump. To secure his job he let it float that he was going to conduct an investigation into the Russian connection to ensure that Trump would never fire him for fear that the optics would look terrible. This is why Comey agreed to help the Obama administration spy on Trump’s transition team hoping to gather up some evidence to use in case the new president decided to pull the plug on Comey’s remaining six year’s appointment as director of the FBI.
Upon meeting Trump, Comey realized that dealing with the star of The Apprentice for 14 seasons was going to be a lot tougher than the former community activist, Barack Obama was. Obama had to completely rely on other people to make value judgments making Comey much more important in discussing matters of intelligence gathering. Trump on the other hand had his own opinions about things—and knew how to read people and make value judgments completely free of other people’s opinions. This really worried Director Comey because as a person—he was functioning from deep insecurities regarding his masculinity—likely cultivated through his years working closely with other Washington D.C. types in that bubble of the Beltway where rules were known and unconsciously followed. Trump was a departure of that thinking and had earned his way through life on his own merit which made Comey very uncomfortable due to his own lack of such experiences.
This is why Comey felt he could clear the room in a December meeting for a one on one discussion with the new President—because the FBI director had the institution of the FBI at his back and felt he could trust it to protect him from someone like Trump. But with each subsequent meeting thereafter Comey realized that Trump was reading him too well. The dinner invites and other discussions on the phone and elsewhere revealed that the now President Trump had doubts about the Obama appointee. Making matters even worse, likely, Comey had been listening to the Trump people at Trump Tower in New York and knew Trump’s true opinion of the FBI Director. Trump, like he would anybody in business, was sizing up Comey to decide if he wanted to continue having his FBI led by such a guy—because he wanted to make his own mark and put his own kind of person in place. So when Trump shook Comey’s hand where Trump would say—“you’re doing a good job,” Comey suspected otherwise either by direct evidence from spying on Trump, or from his own knowledge that this new president had the skills to sniff him out in a crowd for being not very effective in his job.
Trump appears to have been vetting Comey from the start. He was willing to give the FBI Director a fair shake because some of the timing of the Comey comments on the Hillary Clinton email scandal did help Trump in the election. But Comey obviously was not a Trump supporter and the way the big man avoided eye contact and shook hands concerned Trump. Comey was too sneaky to be trusted so Trump’s many personal meetings with Comey were like the boardroom on The Apprentice—to assess the merit of the FBI Director to decide what to do with him. The assurances that Comey had been doing a good job were to put his mind at ease so that Trump could really get to know the man on a basic competency level. Through those meetings Trump learned that most of what Comey was had been purely show and that competency at the level of his job heading the FBI just wasn’t there. Obama might have liked Comey—but what did he know? Trump wasn’t a fan and by February was leaning away from keeping the Director on as an appointee to the President.
When Trump asked the room to clear in the Oval Office to speak directly to Director Comey just days after Trump had to fire General Flynn, at one level the President was seeking relief for his friend—who had been through enough of a witch hunt from the press over the whole Russian thing. Yes, Flynn had lied to get the job, but Trump being a loyal guy wanted to let the General recover in peace from further scrutiny. Plus Trump didn’t want dark clouds to interrupt all the optimistic things he wanted to do as president. But more than anything, Trump wanted to strip away the various institutions that people like Comey rely on to hide their lack of competency and he wanted to speak to the man one on one knowing that many of the leaks that had been coming out of the various intelligence agencies were pointing directly to Comey. So having all that stripped away, Trump wanted to be sure that the man standing in front of him was really a sleaze ball who was still very sympathetic to the Obama administration and had botched the case with Hillary Clinton to make his Beltway friends happy with him during cocktail hour with back slaps and future dinner invites. Comey knew enough about people to know that the president could see through the careful façade he had constructed over his many years of public service—so he was naturally uncomfortable.
After the meeting Trump made up his mind—he just needed to find the right time. Trump and Comey never spoke together again after April 11th. And it was after the Comey testimony to the Senate Judiciary Committee on May 3rd that Trump had heard enough. During that testimony Comey admitted that it made him “mildly nauseous” to think that the FBI had affected the 2016 election and that he failed to prosecute Hillary Clinton because of pressure he had received from Loretta Lynch. Comey’s testimony showed a FBI Director who made bad decisions based on political pressure and that was all Trump needed to terminate Comey’s employment which occurred on May 9th—a few days after the Senate testimony. Trump had given Comey a shot and the news just kept getting worse the more the President had dug—really leaving no other choice.
Thus, the termination of James Comey from the FBI had nothing to do with the Russian case. By Comey’s own testimony to the Senate on June 8th 2017, he stated that his termination would have no impact on the Russian case—that the FBI work would still be done with or without him. That means that the termination could never have been about the investigation, but was always about the merit of the work Comey had done as director. If the termination had no impact by the admission of the person who had been removed, and his own testimony revealed that Trump had never asked to have the Russian investigation terminated—then there was never anything close to obstruction of justice. Trump had simply rooted out a drain in the swamp that once he pulled it, a lot of things hidden were suddenly visible. Comey was one of those drains holding back a lot of swampy water and once removed, the slimy water of the Beltway went down the drain exposing a lot of crazy critters who needed concealment to survive. And now they didn’t have it. They screamed “obstruction of justice” to regain those hiding places, but nobody was biting and now they all have a lot of trouble. So with all that said, only five months into a new presidency full of contention and conflict from the other political side, Trump successfully found the drain on the swamp—and he pulled it—and James Comey turned out to be a big part of what was wrong. It didn’t take the new president very long to figure it out—just as James Comey had feared after the first direct meeting he had with President-elect Trump in December.
Trump is innocent of obstruction of justice, and Comey is guilty of leaking classified information with access to the highest office and placing it in the hands of a Columbia college professor to leak to The New York Times. If Comey thought his termination was a bad day—he hasn’t seen anything yet. There are many more bad days coming because the person who broke the law wasn’t Trump—it was Comey and his swamp who have now been exposed like never before—and it is an ugly sight indeed.
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