Rosenstein’s Compelling Case Against Comey Demands for a special prosecutor are way off base. The guardrails of our republic are secure. Kenneth Starr
https://www.wsj.com/articles/rosensteins-compelling-case-against-comey-1494785294
The long knives are out. The ultimate doomsday scenario for a constitutional republic in peacetime—calls for impeachment of the president—has now been augmented by a growing chorus of voices demanding a far less dramatic but nonetheless profoundly serious step: appointment of a special prosecutor. Even for this less drastic move, the calls are way off base. At a minimum, the suggestion is premature.
The developing narrative, trumpeted on the weekend talk shows, is that Deputy Attorney General Rod Rosenstein must appoint a special prosecutor to restore his long-established reputation for integrity and professionalism. Attorney General Jeff Sessions has recused himself from the entire matter.
The basic complaint is that the newly appointed second-in-command at the Justice Department lost public confidence by crafting a three-page memorandum to the attorney general that severely criticized then-FBI Director James Comey, whom President Trump quickly fired. At least one senator has already mocked Mr. Rosenstein’s May 9 memorandum as “laughable.” They are wrong.
Let’s see what the Rosenstein memorandum actually says. It is titled “Restoring Public Confidence in the FBI.” Mr. Rosenstein rightly praises the bureau as “our nation’s premier investigative agency.” Mr. Rosenstein singles out Mr. Comey for high praise as “an articulate and persuasive speaker about leadership and the immutable principles of the Department of Justice.” The memorandum goes on to praise the FBI chief for his long and distinguished public service.
Mr. Rosenstein then turns to the director’s profound failures during his stewardship of the FBI. Above all, the new deputy attorney general states: “I cannot defend the Director’s handling of the conclusion of the investigation of Secretary [Hillary] Clinton’s emails.” In this Mr. Rosenstein echoes the vehement complaints by Democrats during the 2016 campaign, and indeed comments only last week by Mrs. Clinton herself. Even Republicans had raised an arched eyebrow at what the director did and when he chose to do it. The deputy attorney general goes on to express befuddlement that Mr. Comey still refuses “to accept the nearly universal judgment that he was mistaken.”
The memorandum then identifies the fatal offense of any FBI leader—the usurpation of the authority of the Justice Department itself. In a power grab, Mr. Comey had announced the ultimate prosecutorial decision, namely that Mrs. Clinton would not be prosecuted. The FBI director had no authority to do that. That was not all. Mr. Comey, the memo went on, “compounded the error” by holding a press conference releasing “derogatory information about the subject of a declined criminal investigation.” This was all way outside the foul lines of Justice Department professionalism.
Succinctly, but with devastating effectiveness, the Rosenstein memorandum demonstrates Mr. Comey’s egregious violations of long-settled Justice Department practice and policy. Mr. Rosenstein draws from the director’s testimony before Congress and his unprecedented letter to Congress days before the election. He addresses Mr. Comey’s argument that had he failed to insert himself once again into the presidential campaign—as voting was already under way in many states—it would have constituted “concealment.”
Balderdash, the deputy attorney general concludes, albeit in more polite language. Prosecutors, to say nothing of FBI directors, are not to set out a confidence-shattering bill of particulars with respect to any potential defendant’s conduct, and certainly not a presidential candidate in the heat of a national campaign.
Finally, the Rosenstein memorandum sets forth paragraph after paragraph recounting the scathing criticism of the director’s woefully timed election interference. The deputy attorney general demonstrates that his own conclusions are shared by a wide range of respected former officials of the Justice Department in both Democratic and Republican administrations. One example: President Clinton’s deputy attorney general, Jamie Gorelick, is quoted as condemning Mr. Comey for having “chosen personally to restrike the balance between transparency and fairness, departing from the department’s traditions.” CONTINUE AT SITE
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