The Unprecedented Presidency: Firing an FBI Director
The Director of the Federal Bureau of Investigation (the FBI) is appointed by the President of the United States. Since 1972, that appointment has been confirmed by the Senate. In the aftermath of the Watergate scandal, beginning in 1976, the FBI director's term has been limited to ten years. An appointment of that length seeks to avoid political pressure, although the Director still holds office at the pleasure of the president, who can dismiss the director without cause. While the firing of an FBI director is unusual, it is also unusual to have a president whose pre-presidential catch phrase had been "you're fired".
James B. Comey Jr. was a registered Republican who had served in the administration of President George W. Bush as Deputy Attorney General. He was appointed FBI Director by President Barack Obama in 2013. His appointment was confirmed by the Senate by a vote of 93–1. In 2015 the FBI began an investigation of Democratic presidential candidate Hillary Clinton, into allegations that she had used a private e-mail server for her work as Secretary of State under President Obama. The FBI was investigating to determine whether national security had been jeopardized as a result of this. In July 2016 Comey announced that he was not recommending that any charges be brought against Clinton.
This announcement was made in the midst of the 2016 Presidential election campaign. The decision drew criticism from a number of Republican leaders, including presidential candidate Donald Trump. In late October 2016, Comey announced that the investigation was being re-opened because of additional documents that had been obtained. Two weeks later he announced that no new information had been discovered and the investigation was again being closed. These announcements were criticized by many as unnecessary and harmful to Clinton's campaign.
On October 7, 2016, officials from the Office of the Director of National Intelligence (DNI) and the Department of Homeland Security (DHS) issued a joint statement alleging that individuals working on behalf of the Russian government had hacked servers and e-mail accounts associated with the Democratic Party and the Clinton campaign, and had forwarded their contents to the WikiLeaks organization. The FBI launched investigations into both the hacks, as well as into contacts between the Trump campaign and Russia.
In January 2017, Comey testified to Congress claiming that the FBI had evidence of Russian interference in the 2016 United States elections and confirmed an ongoing investigation. President-elect Trump announced his intention to retain Comey as the FBI director. In March, Comey finally confirmed that the FBI was investigating links between the Trump campaign and Russia. He also refuted Trump's allegations that the Obama administration had wiretapped his campaign.
Grand jury subpoenas had been issued by the U.S. Attorney's Office in Alexandria, Virginia, to associates of Michael Flynn for the purpose of obtaining records relating to the investigation of Russia's role in the election. News outlets became aware of these subpoenas on May 9. It was on that day that President Trump fired Comey as FBI Director, just four years into Comey's ten-year term. This led to accusations of possible political interference by a sitting president into an existing FBI investigation.
This was the second time that an FBI director had been dismissed by a President since the Bureau's foundation. The first occasion took place in 1993 when President Bill Clinton fired FBI Director William S. Sessions after a Justice Department Office of Professional Responsibility report accused Sessions of tax evasion and other allegations of unethical conduct.
Later in May, Comey gave additional testimony before the Senate regarding the Clinton e-mail investigation and the Russia probe. News media reported that Comey had requested additional personnel from Deputy Attorney General Rod Rosenstein to expand the probe into Russian interference in the election.
On the day before the dismissal, May 8, 2017, President Trump directed Attorney General Jeff Sessions and Deputy Attorney General Rosenstein to provide advice on Comey's potential dismissal and on May 9, Rosenstein prepared and delivered a memorandum to Sessions relating to Comey, although the two had beend discussing Comey's potential dismissal months earlier. Rosenstein's memorandum said that the "reputation and credibility" of the FBI had been damaged under Comey's watch. It referred to critical comments from several former attorneys general in published op-eds. Rosenstein concluded that Comey's handling of the Hillary Clinton email investigation was inept. In the memo, Rosenstein wrote that the FBI must have "a Director who understands the gravity of the mistakes and pledges never to repeat them." He added that Comey's comments about Clinton during the campaign had been contrary to longstanding FBI practice.
On May 9, 2017, President Trump sent a termination letter to James Comey, which read as follows:
Dear Director Comey:
I have received the attached letters from the Attorney General and Deputy Attorney General of the United States recommending your dismissal as the Director of the Federal Bureau of Investigation. I have accepted their recommendation and you are hereby terminated and removed from office, effective immediately.
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.
It is essential that we find new leadership that restores public trust and confidence in its vital law enforcement mission.
I wish you the best of luck in your future endeavors.
— Donald J. Trump
On September 1, 2017, The New York Times reported that Trump had drafted a letter to Comey over the weekend of May 4–7, 2017. The draft, which was later in the possession of Special Counsel Robert Mueller, notified Comey he was being fired and gave a several-page-long explanation of the reasons. White House Counsel Don McGahn persuaded President Trump not to send that letter and arranged for Trump to meet with Sessions and Rosenstein. Later, on May 9, a statement by the White House claimed that Comey had "lost the support" of "rank and file" FBI employees, such that the President had no choice but to dismiss him. In testimony given to the Senate Intelligence Committee on May 11, then-acting FBI Director Andrew McCabe contradicted this assertion, adding that Comey "enjoyed broad support within the FBI and does to this day." Comey, in his own testimony before the Senate Intelligence Committee on June 8, said that the Trump administration "chose to defame me, and more importantly the FBI. Those were lies, plain and simple."
During a May 10 meeting in the Oval Office with Russian Foreign Minister Sergey Lavrov and Russian Ambassador Sergey Kislyak, President Trump told the Russian officials "I just fired the head of the FBI. He was crazy, a real nut job." The comments were recorded in official White House notes made during the meeting. On May 11 Trump said in an interview with NBC's Lester Holt, "When I decided to fire Comey, I said to myself, I said, 'You know, this Russia thing with Trump and Russia is a made up story."
President Trump had the letter dismissing Comey delivered in a manila folder to FBI headquarters in Washington on the evening of Tuesday, May 9, and a press statement was made by Sean Spicer at the same time. Comey was in Los Angeles that day giving a speech to agents at the Los Angeles Field Office. He learned of his dismissal from a news report being telecast while he was speaking.
The New York Times' Editorial Board published an editorial criticizing the decision and calling Trump's explanation "impossible to take at face value." Democratic Senator Chuck Schumer renewed his call for a special prosecutor to investigate Russia's involvement in the election and its influence on members of the Trump campaign and administration. Republican Senator John McCain called for a special congressional committee to investigate the matter. Other Republican leaders came to Trump's defense including Susan Collins and Lindsey Graham.
After Comey's dismissal, FBI Deputy Director Andrew G. McCabe became the acting FBI Director. On June 7, 2017, on the day before Comey was to testify before the Senate Intelligence Committee, President Trump tweeted that he intended to nominate Christopher A. Wray as the new FBI Director. Trump made Wray's formal nomination to the Senate on June 26. The Senate Judiciary Committee approved the nomination on July 20. The full Senate confirmed the appointment on August 1 and he was sworn in the following day.
James B. Comey Jr. was a registered Republican who had served in the administration of President George W. Bush as Deputy Attorney General. He was appointed FBI Director by President Barack Obama in 2013. His appointment was confirmed by the Senate by a vote of 93–1. In 2015 the FBI began an investigation of Democratic presidential candidate Hillary Clinton, into allegations that she had used a private e-mail server for her work as Secretary of State under President Obama. The FBI was investigating to determine whether national security had been jeopardized as a result of this. In July 2016 Comey announced that he was not recommending that any charges be brought against Clinton.
This announcement was made in the midst of the 2016 Presidential election campaign. The decision drew criticism from a number of Republican leaders, including presidential candidate Donald Trump. In late October 2016, Comey announced that the investigation was being re-opened because of additional documents that had been obtained. Two weeks later he announced that no new information had been discovered and the investigation was again being closed. These announcements were criticized by many as unnecessary and harmful to Clinton's campaign.
On October 7, 2016, officials from the Office of the Director of National Intelligence (DNI) and the Department of Homeland Security (DHS) issued a joint statement alleging that individuals working on behalf of the Russian government had hacked servers and e-mail accounts associated with the Democratic Party and the Clinton campaign, and had forwarded their contents to the WikiLeaks organization. The FBI launched investigations into both the hacks, as well as into contacts between the Trump campaign and Russia.
In January 2017, Comey testified to Congress claiming that the FBI had evidence of Russian interference in the 2016 United States elections and confirmed an ongoing investigation. President-elect Trump announced his intention to retain Comey as the FBI director. In March, Comey finally confirmed that the FBI was investigating links between the Trump campaign and Russia. He also refuted Trump's allegations that the Obama administration had wiretapped his campaign.
Grand jury subpoenas had been issued by the U.S. Attorney's Office in Alexandria, Virginia, to associates of Michael Flynn for the purpose of obtaining records relating to the investigation of Russia's role in the election. News outlets became aware of these subpoenas on May 9. It was on that day that President Trump fired Comey as FBI Director, just four years into Comey's ten-year term. This led to accusations of possible political interference by a sitting president into an existing FBI investigation.
This was the second time that an FBI director had been dismissed by a President since the Bureau's foundation. The first occasion took place in 1993 when President Bill Clinton fired FBI Director William S. Sessions after a Justice Department Office of Professional Responsibility report accused Sessions of tax evasion and other allegations of unethical conduct.
Later in May, Comey gave additional testimony before the Senate regarding the Clinton e-mail investigation and the Russia probe. News media reported that Comey had requested additional personnel from Deputy Attorney General Rod Rosenstein to expand the probe into Russian interference in the election.
On the day before the dismissal, May 8, 2017, President Trump directed Attorney General Jeff Sessions and Deputy Attorney General Rosenstein to provide advice on Comey's potential dismissal and on May 9, Rosenstein prepared and delivered a memorandum to Sessions relating to Comey, although the two had beend discussing Comey's potential dismissal months earlier. Rosenstein's memorandum said that the "reputation and credibility" of the FBI had been damaged under Comey's watch. It referred to critical comments from several former attorneys general in published op-eds. Rosenstein concluded that Comey's handling of the Hillary Clinton email investigation was inept. In the memo, Rosenstein wrote that the FBI must have "a Director who understands the gravity of the mistakes and pledges never to repeat them." He added that Comey's comments about Clinton during the campaign had been contrary to longstanding FBI practice.
On May 9, 2017, President Trump sent a termination letter to James Comey, which read as follows:
Dear Director Comey:
I have received the attached letters from the Attorney General and Deputy Attorney General of the United States recommending your dismissal as the Director of the Federal Bureau of Investigation. I have accepted their recommendation and you are hereby terminated and removed from office, effective immediately.
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.
It is essential that we find new leadership that restores public trust and confidence in its vital law enforcement mission.
I wish you the best of luck in your future endeavors.
— Donald J. Trump
On September 1, 2017, The New York Times reported that Trump had drafted a letter to Comey over the weekend of May 4–7, 2017. The draft, which was later in the possession of Special Counsel Robert Mueller, notified Comey he was being fired and gave a several-page-long explanation of the reasons. White House Counsel Don McGahn persuaded President Trump not to send that letter and arranged for Trump to meet with Sessions and Rosenstein. Later, on May 9, a statement by the White House claimed that Comey had "lost the support" of "rank and file" FBI employees, such that the President had no choice but to dismiss him. In testimony given to the Senate Intelligence Committee on May 11, then-acting FBI Director Andrew McCabe contradicted this assertion, adding that Comey "enjoyed broad support within the FBI and does to this day." Comey, in his own testimony before the Senate Intelligence Committee on June 8, said that the Trump administration "chose to defame me, and more importantly the FBI. Those were lies, plain and simple."
During a May 10 meeting in the Oval Office with Russian Foreign Minister Sergey Lavrov and Russian Ambassador Sergey Kislyak, President Trump told the Russian officials "I just fired the head of the FBI. He was crazy, a real nut job." The comments were recorded in official White House notes made during the meeting. On May 11 Trump said in an interview with NBC's Lester Holt, "When I decided to fire Comey, I said to myself, I said, 'You know, this Russia thing with Trump and Russia is a made up story."
President Trump had the letter dismissing Comey delivered in a manila folder to FBI headquarters in Washington on the evening of Tuesday, May 9, and a press statement was made by Sean Spicer at the same time. Comey was in Los Angeles that day giving a speech to agents at the Los Angeles Field Office. He learned of his dismissal from a news report being telecast while he was speaking.
The New York Times' Editorial Board published an editorial criticizing the decision and calling Trump's explanation "impossible to take at face value." Democratic Senator Chuck Schumer renewed his call for a special prosecutor to investigate Russia's involvement in the election and its influence on members of the Trump campaign and administration. Republican Senator John McCain called for a special congressional committee to investigate the matter. Other Republican leaders came to Trump's defense including Susan Collins and Lindsey Graham.
After Comey's dismissal, FBI Deputy Director Andrew G. McCabe became the acting FBI Director. On June 7, 2017, on the day before Comey was to testify before the Senate Intelligence Committee, President Trump tweeted that he intended to nominate Christopher A. Wray as the new FBI Director. Trump made Wray's formal nomination to the Senate on June 26. The Senate Judiciary Committee approved the nomination on July 20. The full Senate confirmed the appointment on August 1 and he was sworn in the following day.