It’s Not Just Comey: Trump’s Scorched Earth Policy Toward Those Investigating Him

The legal concept of “consciousness of guilt” is when a suspect behaves in a manner that an innocent person would not. For example, engaging in actions to hide evidence or cover up participation in unlawful events. Donald Trump’s firing of FBI Director James Comey is the best evidence to date that he is aware of his culpability in a crime. It’s hard not to recognize that he knows that the law is circling around him and he is running scared.

Donald Trump

News reports are filling in some of the blanks since the bombshell announcement about Comey. One report notes that subpoenas have been issued by a Grand Jury investigating Michael Flynn’s connections to Russia. Another reveals that Comey had recently requested additional funds for the FBI’s probe. Sensing the noose tightening, Trump tweeted:

The next day Trump fired Comey. No matter what opinions one has of Comey, it is undeniable that Trump’s abrupt dismissal of him is troubling. Terminating an FBI Director who is leading an active investigation is a wholly inappropriate interference with the administration of justice. And the explanation provided by the administration couldn’t be more absurd. Does anyone believe that Trump fired Comey because Comey was too tough on Hillary Clinton?

The Comey debacle would be bad enough on its own. However, it is just the latest in a string of personnel moves that form a disturbing pattern.

In January Trump fired Acting Attorney General Sally Yates. Yates is a career prosecutor who spent 27 years with the Justice Department serving presidents of both parties. The publicly stated reason for her termination was that she refused to defend Trump’s unconstitutional Muslim ban in court. However, it later became known that Yates personally warned Trump about Flynn’s Russian connections. She provided documentation of the possibility that he had been compromised and advised Trump to act. It took Trump eighteen days to do so. Meanwhile, Yates had already been handed her pink slip.

In March Trump fired U.S. Attorney Preet Bharara. Well respected by his colleagues, Bharara also had the bipartisan support of Congress. Even Trump supported him at first and personally asked him to stay on. That didn’t last long. Trump’s support began to unravel after his unhinged tweet that President Obama had wiretapped him. As the U.S. Attorney for the Southern District of New York, the investigation into that claim fell into his jurisdiction. Bharara was also in charge of the probe into allegations of securities violations by Fox News. All of that put Bharara on Trump’s hit list. And it’s more than a little peculiar that a leading candidate to replace Bharara is Marc Mukasey. Mukasey is the personal lawyer of former Fox News CEO Roger Ailes.

So Trump has fired Yates, Bharara, and now Comey, without any defensible reasons for doing so. The one thing they have in common is that they were all investigating Trump or his associates. It’s indicative of a tyrannical obsession to eliminate one’s perceived enemies. At the very least it’s vindictive. And we know that Trump is often motivated by retribution.

Take for instance his treatment of Judge Gonzalo Curiel, who presided over the Trump University fraud case. Trump repeatedly denigrated the judge and accused him of being unfit to rule in the case. Trump’s reasoning was that the judge is Mexican and “I’m building a wall.” For the record, Curiel was born in Indiana. Trump also went after New York Attorney General Eric Schneiderman. Perhaps that had something to do with Schneiderman’s probe into Trump’s business dealings and conflicts of interest. Trump lashed at Schneiderman, calling him a “lightweight” and “the worst attorney general in the US.” He even implied that Schneiderman was a “cokehead.”

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

Of course, Trump’s knee-jerk, juvenile, attacks on anyone who criticizes him is well documented. He blasted an entire court system (the 9th district) when they stayed his Muslim ban. And his political foes all get silly nicknames (Lyin’ Ted, Crooked Hillary, Little Marco, etc.). It’s a psychological symptom of inferiority, narcissism, and paranoia. And it’s playing out daily on a very public stage. The consequences are dire for those who challenge his authority. But they are even worse for the nation – and the world – as Trump’s fear of being held to account drives him deeper into madness.

Ted Cruz Tried to Outsmart Sally Yates at Senate Hearing on Russia – Got Smacked Hard

Monday afternoon the Senate judiciary Committee met for hearings on Donald Trump’s connections to Russia during his campaign and into his presidency. The star attraction was former Acting Attorney General Sally Yates, whom Trump fired under suspicious circumstances. Yates had warned him that his then-National Security Advisor, Gen. Michael Flynn, might have been compromised by Russian operatives. So, of course Trump fired her, but didn’t fire Flynn until three weeks later.

Ted Cruz Sally Yates

The hearing was predictably partisan with Democrats sticking to the subject at hand, while Republicans tried to deflect to everything from alleged leaks, to Hillary Clinton’s email server. However, the most peculiar moments came during questioning by Sen. Ted Cruz (surprise). Although Cruz has long boasted of his debating skills, his exchange with Yates did not go well for him. Here is a condensed transcript of what occurred. [Note: the full video is posted below]

Cruz: Is it correct the the Constitution vests the executive authority in the President?
Yates: Yes.
Cruz: And if an Attorny General disagrees with a policy decision of the President – a policy decision that is lawful – does the Attorney General have the authority to direct the Department of Justice to defy the President’s orders?
Yates: I don’t whether the Attorney General has the authority to do that or not. But I don’t think that would be a good idea. And that’s not what I did in this case.

At that point Cruz asked Yates if she was familiar with a statute that he said was the binding authority for Trump’s executive order. He said that her refusal to comply with it was the reason for her termination. Then he read the statute as if declaring victory over his foe. But Yates responded in a manner that ought to have shut him up:

Cruz: The statute says, quote, ‘Whenever the president finds that the entry of any alien or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem appropriate.’ Would you agree that that is broad statutory authorization?
Yates: I would, and I am familiar with that. And I’m also familiar with an additional provision of the INA that says, ‘No person shall receive preference or be discriminated against in issuance of a visa because of race, nationality, or place of birth.’

Yates went on to point out that the section of law she quoted was promulgated after the statute that Cruz cited. It therefore took precedence. Cruz appeared not to be aware of any of that. So in a desperate effort to divert attention from his humiliation, he sought to baselessly accuse Yates of partisanship:

Cruz: There is no doubt the arguments that you laid out are arguments that we can expect litigants to bring, partisan litigants who disagree with the policy decision of the president.

Of course, Yates’ arguments were neutral statements of fact that Cruz just couldn’t rebut. Shortly thereafter, Cruz tried another tack wherein he met a similarly embarrassing fate:

Cruz: In the over two hundred years of the Department of Justice history, are you aware of any instance in which the Department of Justice has formally approved the legality of a policy and three days later the Attorney General has directed the department to not to follow that policy and to defy that policy?

Yates: I’m not. But I’m also not aware of a situation where the office of legal counsel was advised not to tell the Attorney General about it until after it was over.

Immediately after this exchange Cruz left the hearing room with his tail between his legs. He didn’t bother waiting until the hearing was over or listening to any of the other testimony. Clearly he was ashamed and unable to face his colleagues or the press. So he beat a hasty retreat. He might have been better off had he not shown up. And the same can be said of the rest of the GOP inquisitionists on the panel.

How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.

Watch Sally Yates and Ted Cruz spar here: