The Comey Canning

As Forrest Gump might have said, any day with the Trump Administration is like a box of chocolates:  you never know what you’re going to get.  Yesterday, we got the decision from President Trump to fire the Director of the FBI, James Comey.  And, to accentuate the bizarre, bolt from the blue aspect of the decision, Comey apparently learned of the decision when the news flashed across the TV screen behind him while he was giving a speech, and he initially chuckled and thought it was a joke.

The White House says that Trump acted on the recommendation of senior officials in the Justice Department, who concluded that Comey botched the investigation into Hillary Clinton’s questionable email practices and, in the process, caused “substantial damage” to the credibility and reputation of the FBI that has “affected the entire Department of Justice.”

FILE PHOTO: FBI Director Comey testifies on Capitol Hill in WashingtonThe Deputy Attorney General, Rod J. Rosenstein, prepared a memorandum citing reasons for Comey’s discharge that stated:  “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.”  Among other mistakes, Rosenstein cited Comey’s curious July 5 press conference, where Comey announced that charges would not be pursued against Clinton but then castigated her creation of the servers and her handling of confidential materials.  Rosenstein stated that Comey acted “without the authorization of duly appointed Justice Department leaders” and added: “Compounding the error, the director ignored another longstanding principle: we do not hold press conferences to release derogatory information about the subject of a declined criminal investigation . . . we never release it gratuitously . . . It is a textbook example of what federal prosecutors and agents are taught not to do.”

There is truth the Rosenstein’s statement about a bipartisan consensus that Comey’s handling of the email investigation involved a lot of mistakes; Comey’s actions and his decision to make an abrupt, pre-election announcement of a renewed investigation into Clinton’s email servers were criticized by former attorney generals in both Republican and Democratic administrations.  And only this week, the FBI had to correct misstatements Comey made in recent testimony to Congress about the email investigation.

But there is something very unsettling about the Trump Administration’s abrupt decision to discharge Comey for actions he took months ago, because the decision comes in the midst of an ongoing investigation into Russian influence into the last presidential election and the actions of the Trump campaign in relation to the potential Russian involvement.  Trump’s letter to Comey giving him the boot oddly acknowledged the ongoing investigation, stating:  “While I greatly appreciate you informing me, on three separate occasions, that I am not under investigation, I nevertheless concur with the judgment of the Department of Justice that you are not able to effectively lead the Bureau.’’  And Rosenstein has only been at his Department of Justice post for two weeks, which suggests that his first job assignment in his new position was to consider whether Comey should be fired.

Not surprisingly, Democrats are up in arms about the decision, which they compare to Richard Nixon’s infamous “Saturday night massacre” of Justice Department officials, and members of Congress are calling for an investigation.  I think an investigation makes sense, but until then I’m going to reserve judgment and see what develops.  There’s no doubt that Comey had his issues, and it may well be that — unfortunate timing aside — the White House and the Department of Justice had legitimate concerns that he simply was incapable of handling the kind of highly sensitive investigations the FBI must undertake in a non-partisan way.  On the other hand, the timing is unfortunate, and naturally gives rise to suspicions about what really happened here.  A through investigation will help to establish the facts and clear the air.

Advertisements

Voters’ Remorse

With the onset of early voting in Ohio and many other states, and the increasing number of people who decide to exercise that option, you have to wonder if last-minute revelations and disclosures — like, this year, FBI Director James Comey’s disclosure about the resurrection of the investigation into Hillary Clinton’s email practices — will have much of an impact on national elections.

After all, if people have already voted, they’re done, right?

indecisive-peopleNot so fast!  It turns out that, in seven states, you can change your early vote.  Connecticut, Michigan,  Minnesota, Mississippi, New York, Pennsylvania, and Wisconsin all let early voters change their minds and correct their ballots.

In Wisconsin, early voters can change their ballots up to three times before the votes are officially deemed to have been cast– but if they’re going to do it, they have to act by November 4.  It’s a cumbersome process that involves election officials individually retrieving the person’s completed ballot and then having the voter document that they have changed their mind and are submitting a second, superseding ballot.  This year, according to a report from a Wisconsin TV station, some voters in fact have changed their mind and invoked the so-called “three strikes” re-vote process.

People argue about whether early voting is a good idea, with some opponents noting that it results in voters having different levels of information because of the possibility of late-breaking developments.  I’m in favor of early voting, because I think anything that allows more people to vote, easily and consistent with their work and child care and other obligations, is a good thing.  But the notion that, under some states’ laws, early voters can change their mind is an intriguing concept.  And in this election, where the choice is bemoaned by so many people, the “fickleness factor” may be magnified.  Indeed, apparently the Google search for “change early voting” was trending over this past weekend, after Comey’s announcement.

I’m not sure how I feel about people who have voted early changing their minds and getting a “do over” on their ballots . . . much less doing so three times.  Obviously, that’s not something you can do if you vote on Election Day, and I’m not sure the rules should be different.  But I do know this:  if you haven’t reached a clear, settled, and final decision in your own mind on how to vote — one way, or the other, or not at all in the presidential election — you probably shouldn’t be voting.

The FBI Director And His Webcam

The FBI has taken a strong stance on the ability of law enforcement and anti-terrorism concerns to trump individual privacy interests.  Its position on requiring Apple to develop a back door through its iPhone encryption protection is just part of a larger concern about privacy advocates hampering the FBI’s ability to catch crooks and killers.

The FBI Director, James Comey, gave a speech this week at Kenyon College where he sounded many of those same themes.  But then he admitted that, on his personal laptop, he’s put a piece of black tape over the camera so no one can hack into his computer and watch him.  After all, it’s not beyond the realm of possibility that somebody, somewhere, might want to watch you through your laptop camera — the FBI itself has developed surveillance software that apparently allows the agency to do just that.

hqdefaultThe notion that the director of the FBI is worried about surveillance on his laptop and put some black tape over his webcam has provoked a lot of reaction on social media, from privacy advocates gleefully saying “I told you so” to paranoid anti-government types seeing Comey’s admission as evidence that the FBI, the NSA, the CIA and the other members of the alphabet soup of American security agencies routinely spy on each other.  And it by  pretty ironic, when you think about it — and pretty funny that the anti-surveillance tool Comey decided to use is a simple strip of duct tape.

But Comey’s reaction also is instructive, and illustrates some apparent hypocrisy.  People who worry about their privacy and governmental overreach are chided for not helping to catch the bad guys and told that if they’ve done nothing wrong they’ve got nothing to worry about — but then even the FBI director takes a basic step to protect his own privacy against unwanted intrusion.  He thinks he hasn’t done anything wrong, and he doesn’t like the idea of somebody spying on him.  He might rationalize it as protection against hacking by a terrorist cell, or a rogue foreign government, rather than concern about surveillance by his own government, but the principle is the same.  If an unhackable iPhone might “hinder law enforcement” in certain circumstances, couldn’t a strip of black tape over a laptop webcam prove to be a hindrance at some point, too?

I’m with the privacy advocates on this one — and Comey’s own actions help to say why.