James Comey says Trump should not faces charges after leaving the White House
James Comey, the former FBI director who was fired by Donald Trump, says the president should not be charged with any alleged crimes
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James Comey, the former FBI director who was fired by Donald Trump, has said the president should not be charged after leaving the White House, no matter the evidence against him.
President-elect Joe Biden’s new attorney general should not “pursue a criminal investigation of Donald Trump”, Mr Comey wrote in his new book, portions of which were obtained by The Guardian.
The Justice Department should not look into the former president “no matter how compelling the roadmap left" by special counsel Robert Mueller, or “how powerful the evidence strewn across his history of porn stars and financial fraud,” Mr Comey continued.
He added that the case to pursue an investigation against Mr Trump might be “righteous in a vacuum” but “the mission of the next attorney general must be fostering the trust of the American people”.
Mr Comey’s stance is a surprising one, given his vocal opposition of the president after he was abruptly fired in May 2017.
Mr Comey’s firing was investigated by Mr Mueller as part of his sweeping probe into Russian election interference and potential links between the 2016 Trump campaign and Moscow.
The special counsel did not reach a conclusion on whether Mr Trump obstructed justice. “While this report does not conclude that the president committed a crime, it also does not exonerate him," Mr Mueller wrote.
According to reports, Mr Trump has been considering pardoning himself before leaving office on 20 January. It is unclear if courts would determine the pardon as unconstitutional.
Richard Nixon debated a self-pardon during the Watergate scandal. At the time, the Justice Department found that the pardon would be unconstitutional and go against the powers of a sitting president.
President Gerald Ford ultimately pardoned Mr Nixon, even though the disgraced president was never charged with any crimes.
“By pardoning a resigned president, Ford had held [Nixon] accountable in a way that Trump would not be, even were he to be pardoned after losing re-election. That might not be enough accountability in Trump’s case. Or it may be, especially if local prosecutors in New York charge Trump for a legacy of financial fraud,” Mr Comey wrote.
Presidential pardons only apply to federal crimes. Sitting presidents are unable to issue pardons for state crimes. Mr Trump is currently facing an investigation into his business dealings by the Manhattan District Attorney’s Office.
Mr Comey called for transparency from the federal government, no matter what was decided.
“Whether or not our next president pardons Donald Trump, and whether or not the Department of Justice pursues him, the American people should be told why,” the former FBI director wrote.
His latest book, Saving Justice: Truth, Transparency and Trust, will be released on 12 January.
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