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Politics

The Comey Memo, The Russians Hack, and Unicorns: Mythology at it’s Best (or Worst)

Written by James Baxley

It didn’t take long for another scandal involving the White House (that would be President Trump) to surface; this one involves the firing of F.B.I. Director James Comey.

I’m not surprised by the firing, I’m just surprised it took this long. When a new administration comes to the White House, usually the former administration’s staff is let go and replaced. Comey was hired by the Obama administration so it’s no surprise that Comey was fired.

But seeing how Comey wanted to be a career government employee and Trump prevented this, Comey wanted revenge. We know that by Comey’s actions toward Hillary Clinton during the 2016 Presidential Election he was vying for a career by showing his loyalty to whom was presumed to be the next President.

The newest claims of Trump’s incompetence by the Left begins during a Feb. 14 meeting in the Oval Office between Trump and Comey. Comey was asked to stop the investigation of Flynn.

“I hope you can let this go, 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.”

On May 9th, Trump fired Comey. Comey shot back and said he had a memo which stated that Trump wanted him to stop the investigation of National-Security Adviser Michael Flynn.

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Most likely the memo is a rumor, a myth, or an outright lie. It is being used to help delegitimize Trump’s administration. The memo exists just as the evidence for Trump’s Russian influence on the 2016 Election exists. NOT!

Why would Comey, a loyalist of the Democratic Party have evidence of “obstruction” of justice by a sitting President and the enemy of the Left and wait this long to present it; coincidentally right after he was fired. That is a tactic of revenge.

In order to force the materialization of the memo, Utah Republican Jason Chaffetz, the chairman of the House Oversight Committee, fired off a letter to acting F.B.I. Director Andrew McCabe, demanding that the bureau produce all “memoranda, notes, summaries, and recordings” of James Comey’s meetings with Trump no later than May 24.

Comey claims to have a memo he wrote which documents the meeting between the two, but where’s the memo? It seems that everybody in the agency [F.B.I.] has seen the memo yet it hasn’t surfaced. If the memo does surface, then Comey could be in for a prison term.

If there is really a memo in which Comey says Trump asked for the investigation to end, then on May 3rd, at the Senate Judiciary Committee on F.B.I. oversight where Comey defended his investigation of Hillary Clinton he perjured himself.

During the hearings, Senator Hirono of Hawaii asked the question which may bring down Comey:

HIRONO: So if the Attorney General or senior officials at the Department of Justice opposes a specific investigation, can they halt that F.B.I. investigation?

COMEY: In theory yes.

HIRONO: Has it happened?

COMEY: Not in my experience. Because it would be a big deal to tell the F.B.I. to stop doing something that — without an appropriate purpose. I mean where oftentimes they give us opinions that we don’t see a case there and so you ought to stop investing resources in it. But I’m talking about a situation where we were told to stop something for a political reason that would be a very big deal. It’s not happened in my experience.

Comey has declined to testify to a closed Senate Intelligence Committee meeting which comes as no surprise. If he did consent to the meeting he would likely be found to be a liar or he would perjure himself again.

Senator Lindsey Graham said he invited Comey to testify before the Judiciary Committee but the same holds true if he consents to Graham’s offer. Both meetings would prove to be disastrous to Comey and the Left.

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Whether Trump’s comments was meant to obstruct or impede an F.B.I. investigation requires [according to the federal criminal statute 18 U.S.C. 1503 for obstruction of justice] prosecutors to prove someone “acted with a corrupt intent to influence, intimidate or impede an investigation,” according to Richard Drooyan, a former federal prosecutor in Los Angeles.

There are dozens of different variations of obstruction charges ranging from threatening witnesses to influencing jurors. What Trump did more or less amounted to attempts to interfere with the “due administration of justice.”

Eugene O’Donnell, a former New York prosecutor says that the federal criminal statute for obstruction of justice is “a tricky statute.” “Was it intentional? Was it his conscious objective to thwart the investigation? Could you prove that beyond a reasonable doubt?”

O’Donnell continues, “Then you get into an issue like how precise his documentation was. Did he exactly write word for word what the president said?” Was Comey’s memo just that, a memo or was it a government document? A certified legal document? A document with some type of clearance attached to it? No. It was just a note Comey wrote to himself to document his meeting with Trump as he is known to do.

Both O’Donnell and Drooyan was interviewed by James Queally for the LA Times.

What does “corruptly” mean under federal law? Corruptly is defined as showing someone acted “with the intent to secure an unlawful benefit for oneself or another.” Encouraging leniency for Flynn is improper but not necessarily seeking an unlawful benefit for Trump.

Then there is the question of corruptly influencing what? Obstruction cases are usually built around judicial proceedings and not around meetings in the Oval Office. Obstruction requires what’s called “specific intent” to interfere with a criminal case.

And if anyone is guilty of obstruction, it’s Comey.

Under the law, criminal code 18 USC 4 and 28 USC 1361, Comey is required to immediately inform the Department of Justice of any attempt to obstruct justice by any person, even the President Trump. There is no evidence Comey ever alerted officials at the DoJ, as he is duty-bound to do.

So, either the memo exists and Comey committed perjury, or the memo doesn’t exist and he just lied to Congress and the American people. Either way, that ranks Comey up there among the likes of former Director of National Intelligence James Clapper.

Throughout the election and the first 100 days Trump got away with so much, in fact he could be called the “Teflon Don” because none of the accusations stuck. He’s been in office only for around 4 or 5 months and all this drama. I guess the next 44 or so months will be even worse.

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About the author

James Baxley

I'm a disabled combat veteran (OIF III) who served in Iraq in 2005. I like to write on the beltway circus which surrounds the Trump administration. I also like to write as a cultural critic and social satire at times.

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