A presidential media assault on the president’s self-incriminating words
Blog ››› ››› SIMON MALOY
The president and his attorneys are not subtle. Caught up in the grinding gears of the Russia investigation, they’ve apparently decided that whatever legal strategy they’ve adopted (if they have one) must be complemented by a loud, clanking, and incessant media blitz to exonerate the president in the court of public opinion. And so they go on TV -- constantly -- to proclaim Trump’s innocence and endlessly litigate the evidence that suggests otherwise.
By watching how they communicate, you can suss out clues to which issues are causing the president and his lawyers the most grief. At the moment, for whatever reason, Trump and his team seem preoccupied with the idea that the president might have admitted to obstruction of justice when he told NBC’s Lester Holt last year that “this Russia thing” was on his mind when he fired former FBI Director James Comey. And so they’re trying to rewrite recent history by lying about the Holt interview and brazenly retconning Trump’s relationship with Comey.
Earlier this week, Trump gave an interview to The Hill that touched on the Justice Department’s Russia investigation and Trump’s controversial May 2017 firing of Comey. Trump spun a nonsensical story about how he wished he had fired Comey before he became president:
"If I did one mistake with Comey, I should have fired him before I got here. I should have fired him the day I won the primaries," Trump said. "I should have fired him right after the convention, say I don't want that guy. Or at least fired him the first day on the job. ... I would have been better off firing him or putting out a statement that I don't want him there when I get there.”
Trump obviously could not have fired Comey while Barack Obama was still in office. And while Trump did attack Comey during the 2016 campaign over the decision not to recommend charges against Hillary Clinton over her email server, he revised his opinion of the FBI director after Comey reinitiated the email investigation just days before the election. “It took guts for Director Comey to make the move that he made in light of the kind of opposition he had where they’re trying to protect her from criminal prosecution,” Trump said at the time. “What he did, he brought back his reputation. He brought it back.”
This week’s preposterous revisionism seems like an effort to establish a motive for Trump’s firing of Comey: specifically, that he always wanted to fire Comey, even before the FBI began investigating the Trump campaign’s Russia connections in July 2016. It probably hasn’t occurred to Trump that the fact that he didn’t fire Comey immediately is sufficient proof that this new story is bullshit. But logical inconsistency isn’t the problem he’s trying to solve -- he’s trying to unring the obstruction-of-justice bell he rang during his interview with Holt shortly after the Comey firing.
In that May 2017 interview, Trump told Holt that he had decided to fire Comey regardless of whatever recommendation he got from Deputy Attorney General Rod Rosenstein. “He made a recommendation, but regardless of recommendation, I was going to fire Comey, knowing there was no good time to do it,” Trump said. “And, in fact, when I decided to just do it, I said to myself, I said, ‘You know, this Russia thing with Trump and Russia is a made-up story, it’s an excuse by the Democrats for having lost an election that they should’ve won.’”
Trump and his legal team have long been aware of the problem this interview presents and have employed various strategies to defuse it. The president has accused Holt of “fudging my tape” -- an incendiary and false allegation that the tape itself disproves. Trump’s lawyers have opted for a subtler, though still dishonest, strategy of arguing that Trump’s comments and the interview have been broadly misunderstood.
Jay Sekulow, who hosts a radio program when he’s not legally representing the president, argued on CNN on Wednesday evening that it is “not correct” to say Trump fired Comey because of the Russia investigation. “You know that when there are interviews, there are edits and there is a longer transcript,” he told CNN’s Chris Cuomo. “And I will just tell you without disclosing any detail, that when you review the entire transcript, it is very clear as to what happened and I'm not going to give you information on how we provided it, but in our professional discussions with the office of special counsel, we have addressed that on multiple occasions appropriately. And the evidence, when you look at the entire evidence, you don't see it.”
Sekulow was alluding to the Trump legal team’s communications with special counsel Robert Mueller, which specifically address the Holt interview. Trump’s lawyers argue that once you consider the entire interview transcript, “a fair reading of the president’s remarks” is that he fired Comey for incompetence and fully expected the Russia investigation to continue, perhaps even drag on longer.
The problem with this explanation is that it is strained to begin with, and it doesn’t exist in a vacuum. Trump would not have had to derail the entire investigation in order to obstruct it. Recall that Comey testified Trump asked for his loyalty in the months before he was fired, and Comey declined. Trump could have corrupted the probe by getting rid of Comey and installing someone friendlier who would investigate Russian election interference without investigating Trump.
This avenue was briefly open to the president until he sabotaged it by threatening Comey over Twitter with allegedly incriminating “tapes” of their conversations. That prompted Comey to leak personal memos describing his interactions with Trump in the hope that a special counsel would be appointed -- which is exactly what happened. Since then, Trump has been threatening the Justice Department, raging about the “witch hunt” special counsel probe, and lashing out at his hand-picked attorney general, Jeff Sessions, for recusing himself from the investigation. The president has been unambiguously clear in his view that senior Justice Department officials should be protecting him.
Viewed in that context, the Lester Holt interview is incredibly damning of the president, which is why Trump and his attorneys are filling the airwaves with elaborate lies and misinterpretations about it. They recognize the danger of the president’s own words.