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The Independent UK
The Independent UK
Politics
Harriet Agerholm

James Comey is 'a canary in the coal mine' of Donald Trump presidency, lawyers warned in November

If Donald Trump sacked FBI director James Comey it would "strike a blow against an important check on the modern presidency", lawyers warned in November.

Two days after he won the November election, research fellows at influential think-tank the Brookings Institution wrote on its Lawfare legal blog, that Mr Comey's fate was a key indication of the state of the government. 

"Were Trump to fire Comey it would be a serious aberration; if he were to do so for mere political preference, in retaliation for Comey’s professional judgement that Clinton should not be prosecuted, or out of fear of Comey’s independence it would strike a blow against an important check on the modern presidency," authors Benjamin Wittes and Susan Hennessey warned.

"And nobody who believes in the rule of law, even those most angry at Comey, should be hoping for it right now."

At the time it was written, Mr Comey was facing heavy criticism from the Democratic Party for releasing a letter days before the presidential election which said the FBI had reopened an investigation into the private email server that Hillary Clinton used as secretary of state.

Ms Clinton has subsequently said she took responsibility for her election loss but believes the investigation played a key part in her defeat. 

The article has received renewed attention in the wake of the President's firing of Mr Comey, which critics of the Trump administration have said is evidence of corruption.

At the time of his dismissal, Mr Comey was leading an investigation into alleged collusion between Russia and Mr Trump's campaign team.

The lawyers said: "For those concerned that President Trump will trample the rule of law — liberals and conservatives alike — Comey’s fate is one potential canary in the coal mine.

"If Trump chooses replace Comey with a sycophantic yes-man, or if he permits Comey to resign over law or principle, that will be a clear bellwether to both the national security and civil libertarian communities that things are going terribly wrong."

After firing the FBI director, Mr Trump announced on Twitter: "James Comey will be replaced by someone who will do a far better job, bringing back the spirit and prestige of the FBI."

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