Internal DOJ/FBI dynamics and Trump’s alleged view of control over the Justice Department

40 MICHAEL WOLFF the presidency. That's what it looked like on paper. But the opposite was true, too. There was a permanent-government class in the Justice Depart- ment that believed an election ought to have no role at all in how the DOJ conducted itself. The department was outside politics and ought to be as blind as the courts. In this view, the Justice Department, as the nation’s preeminent investigator and prosecutor, was as much a check on the White House, and ought to be as independent of the White House, as the other branches of government. (And within the Justice Department, the FBI claimed its own level of independence from its DOJ masters, as well as from the White House itself.) Even among those at Justice and the FBI who had a more nuanced view, and who recognized the symbiotic nature of the department's rela- tionship with the White House, there was yet a strong sense of the lines that cannot be crossed. The Justice Department and the FBI had, since Watergate, found themselves accountable to Congress and the courts. Any top-down effort to influence an investigation, or any evidence of having bowed to influence—memorialized in a memo or email—might derail a career. In February 2018, Rachel Brand, the associate attorney general, a for- mer Bush lawyer who had been nominated for the number three DOJ job by Obama, resigned to take a job as a Walmart lawyer. If Trump had fired Rosenstein during Brand's tenure, she would have become acting attorney general overseeing the Mueller investigation. She told col- leagues she wanted to get out before Trump fired Rosenstein and then demanded that she fire Mueller. She would take Bentonville, Arkansas, where Walmart had its headquarters, over Washington, D.C. For a generation or more, the arm’s-length relationship between the White House and the Department of Justice often seemed more like a never-ending conflict between armed camps. Bill Clinton could hardly stomach his attorney general, Janet Reno, having to weather the blowback from her decisions regarding Ruby Ridge, a standoff and deadly overre- action between survivalists and the FBI; Waco, another botched standoff with a Christian cult; and the investigation of Dr. Wen Ho Lee, with the DOJ chastised for its reckless pursuit of a suspected spy. Clinton came very close to firing Louis Freeh, his FBI director, who openly criticized SIEGE 41 him, but managed to swallow his rage. Top people from the Bush White House, the FBI, and the Justice Department almost came to literal blows at the bedside of the ailing AG John Ashcroft—James Comey himself standing in the way of the White House representatives trying to get Ash- croft to renew a domestic surveillance program—with the White House finally having to back down. Under Obama, Comey, who by then was the FBI director, made a further grab for the FBI’s independence from the Justice Department when he unilaterally decided to end and later reopen the Hillary Clinton email investigation—and, by doing so, arguably toss- ing the election to her opponent. Enter Donald Trump, who had neither political nor bureaucratic experience. His entire working life was spent at the head of what was in essence a small family operation, one designed to do what he wanted and to bow to his style of doing business. At the time of his election, he was absent even any theoretical knowledge of modern government and its operating rules and customs. Trump was constantly being lectured about the importance of “cus- tom and tradition” at the Justice Department. As reliably, he would respond, “I don't want to hear this bullshit!” He needed, one aide observed, “a hard, black line. Without a hard, black line that he can’t cross, he’s crossing it.” Trump believed what to him seemed obvious: the DOJ and FBI worked for him. They were under his direction and control. They must do exactly what he demanded of them; they must jump through his hoops. “He reports to me!” an irate and uncomprehending Trump repeated early in his tenure about both his attorney general Jeff Sessions and his FBI director James Comey. “I am the boss!” “I could have made my brother the attorney general,” Trump insisted, although in fact he did not even speak to his brother (Robert, a seventy- one-year-old retired businessman). “Like Kennedy.’ (Six years after John E Kennedy appointed his brother Robert attorney general, Congress passed the Federal Anti-Nepotism Statute, called the “Bobby Kennedy law,’ to prevent exactly this sort of thing in the future—although that did not stop Trump from hiring his daughter and son-in-law as senior advisers.) HOUSE_OVERSIGHT_021144