Introduction
Michael S. Schmidt's book "Donald Trump v. The United States" provides an in-depth look at the tumultuous years of the Trump administration, focusing on two key figures: FBI Director James Comey and White House Counsel Don McGahn. This summary will take you through the major events and controversies surrounding the 2016 US presidential election and the first few years of Trump's presidency, offering insights into the complex relationships between the White House, the FBI, and the Justice Department.
The book explores how Comey's actions during the 2016 election campaign inadvertently influenced its outcome, and how his subsequent interactions with President Trump led to his controversial firing. It also delves into McGahn's role as White House Counsel and his unexpected cooperation with Special Counsel Robert Mueller's investigation into Russian interference in the 2016 election.
Through these two central characters, Schmidt paints a vivid picture of a chaotic administration, constantly pushing the boundaries of presidential power and challenging long-established norms and institutions.
The FBI's Role in the 2016 Election
The Benghazi Attack and Its Political Aftermath
The story begins with the 2012 attack on the American embassy in Benghazi, Libya. This event, which occurred during President Obama's re-election campaign, marked a turning point in American politics. Republican candidate Mitt Romney broke with tradition by using the September 11 attack for political gain, criticizing the Obama administration's response.
This aggressive tactic emboldened those who questioned Obama's patriotism and suspected he was soft on terrorism. It eventually led to Republicans launching an investigation into Benghazi in 2014, which would have far-reaching consequences for the 2016 election.
Hillary Clinton's Emails
During the Benghazi investigation, it was discovered that Hillary Clinton had been using a private email address for work-related communications while serving as Secretary of State. Initially, this detail seemed insignificant. However, it would soon become a major focal point of the 2016 presidential campaign.
In March 2015, it was revealed that Clinton wasn't just using a private email account – she was using it as her primary work email. This revelation reignited Republican efforts to investigate Clinton, and in July 2015, the matter was referred to the FBI under the code name "Midyear Exam."
James Comey's Dilemma
FBI Director James Comey found himself in a difficult position. Known for his desire to keep the FBI apolitical, Comey was now tasked with overseeing an investigation that would inevitably have political implications, regardless of its outcome.
As the investigation neared its conclusion in July 2016, Comey faced a challenging decision. The normal procedure would have been to simply close the case and announce the findings without elaboration. However, Comey believed that given the high-profile nature of the case and the ongoing presidential campaign, a more detailed explanation was necessary.
The July Press Conference
On July 6, 2016, Comey held an unprecedented 15-minute press conference. He spent 13 minutes detailing the FBI's findings, explaining how Clinton and her aides had been careless with sensitive information. However, he concluded by stating that "no charges are appropriate in this case."
This decision pleased no one. Democrats felt Comey had overstepped his authority by holding such a detailed press conference, while Republicans questioned why Clinton wasn't being charged despite being described as "extremely careless."
The October Surprise
Just weeks before the election, the Clinton email investigation was unexpectedly reopened. During an unrelated investigation into former Congressman Anthony Weiner, the FBI discovered a new batch of Clinton's emails on a laptop belonging to Weiner's wife, Clinton aide Huma Abedin.
Comey faced another difficult decision. Should he inform Congress about this new development so close to the election? After seeking advice from his wife and colleagues, Comey decided to send a letter to Congress on October 28, 2016, informing them of the new emails.
This announcement sent shockwaves through the campaign. Although Comey released another statement on November 6 saying the new emails didn't change the FBI's original conclusions, many believed the damage had already been done.
The Election Outcome
The 2016 election result came down to fewer than 80,000 votes in Michigan, Wisconsin, and Pennsylvania, which tipped the electoral college in Trump's favor despite Clinton winning the popular vote by a significant margin. Many, including the Clinton campaign, believed Comey's October announcement played a crucial role in this outcome.
The FBI Investigation into Russian Interference
Crossfire Hurricane
While the Clinton email investigation was ongoing, the FBI had also opened an investigation into the Trump campaign's possible dealings with Russian agents. Code-named "Crossfire Hurricane," this investigation sought to determine whether Russia had deliberately targeted the 2016 election to help Trump win, and whether the Trump campaign was directly involved.
Troubling Connections
The FBI found numerous concerning ties between the Trump campaign and Russia:
Campaign chairman Paul Manafort had previously worked as a paid political consultant for Russian oligarchs and alongside Konstantin Kilimnik, whom the FBI linked to Russian intelligence.
National Security Advisor Michael Flynn had multiple phone conversations with the Russian ambassador on the same day the Obama administration announced sanctions against Russia for election interference.
Foreign policy advisor George Papadopoulos had met with individuals in London who offered to establish connections between the campaign and the Russian Ministry of Foreign Affairs.
The Steele Dossier, received by the FBI in July 2016, suggested that Russia had compromising information on Trump.
Many of Trump's business dealings, particularly regarding his golf courses, relied heavily on Russian investors.
The Russian Cyber Attack
It became clear that Russia had indeed targeted the US election, including hacking the servers of the Democratic National Committee. The Obama administration responded by imposing sanctions on Russia, but the Russian reaction was unexpectedly muted. This puzzling response was later linked to Flynn's reassuring phone calls to the Russian ambassador.
Trump Takes Office: Early Conflicts with Comey
The Awkward Briefing
As Trump prepared to take office, Comey had the uncomfortable task of briefing him on pressing issues, including Russia's cyber attacks and the existence of the Steele Dossier. This set the stage for a tense relationship between the new president and the FBI director.
The Loyalty Dinner
Shortly after taking office, Trump invited Comey to a private dinner at the White House. This was unusual, as Comey had deliberately maintained distance from President Obama to preserve the FBI's image of independence. During the dinner, Trump told Comey, "I need loyalty," a request that made Comey deeply uncomfortable.
The Flynn Investigation
Trump's relationship with Comey became even more strained over the investigation into Michael Flynn. When the FBI questioned Flynn about his conversations with the Russian ambassador, he lied, despite likely knowing that intelligence agencies had been listening in.
Trump asked Comey to drop the Flynn investigation, saying, "I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go." This request bordered on obstruction of justice, leaving Comey shocked and concerned.
Comey's Memos
Following each interaction with Trump, Comey wrote detailed memos to document their conversations. These memos would later become crucial evidence in the investigation into potential obstruction of justice by the president.
Don McGahn: The White House Counsel
Early Challenges
Don McGahn, one of the few people in the Trump administration with political experience, was tasked with stacking federal courts with conservative-friendly judges. However, he quickly found himself sidelined on important legal decisions, such as Trump's attempted ban on Muslim travelers entering the US.
The Comey Firing
McGahn was deeply concerned about Trump's desire to fire Comey. Despite his reservations, the plan gained momentum once Attorney General Jeff Sessions backed it. McGahn's fears were realized when the firing only complicated matters further, making it appear as though Trump was actively trying to derail the FBI investigation.
Trump's Demands
McGahn often found himself deflecting Trump's unreasonable and sometimes impossible requests. These included demands to have Sessions "unrecuse" himself from the Russia investigation and to prosecute Trump's political enemies, including Hillary Clinton and James Comey.
The Mueller Investigation
Appointment of the Special Counsel
Following Comey's firing, Deputy Attorney General Rod Rosenstein appointed Robert Mueller as Special Counsel to continue the investigation into Russian interference in the 2016 election. However, Rosenstein also laid down specific guidelines, narrowing the scope of the investigation to focus solely on whether laws had been broken, rather than exploring connections between the Trump administration and Russia.
White House Response
Trump was furious about Mueller's appointment. He brought on additional lawyers, including John Dowd and Ty Cobb, to assist with the administration's response to the investigation. Surprisingly, Cobb's strategy was to cooperate fully with Mueller's team, a decision that baffled McGahn.
McGahn's Cooperation
Suspecting that he might be set up as a scapegoat, McGahn sought advice from his own lawyer, William A. Burck. On Burck's advice, McGahn decided to cooperate fully with Mueller's team, answering all questions honestly. This cooperation made McGahn a key witness, providing investigators with insider information about the Trump White House.
Key Revelations
During his interviews with Mueller's team, McGahn revealed several crucial pieces of information:
- Trump had ordered him to fire Mueller.
- The president had tasked him with getting Sessions to regain control of the Russia investigation.
- Trump had requested the prosecution of Hillary Clinton and James Comey.
McGahn's testimony, along with nearly 1,000 pages of handwritten notes he provided, became a cornerstone of Mueller's investigation.
Trump's Expanding Use of Presidential Power
Pardons as Political Weapons
Trump quickly discovered the power of presidential pardons and began using them as political tools. Against McGahn's advice, he pardoned controversial figures like Joe Arpaio, a former Arizona sheriff convicted of criminal contempt of court but known for his anti-immigrant stance.
Attempts to Influence the Justice Department
Trump repeatedly expressed frustration with the Justice Department, particularly with Sessions' recusal from the Russia investigation. He often berated Sessions in front of White House staff and continually pressed for an Attorney General who would protect him and go after his enemies.
Testing Constitutional Limits
McGahn found himself constantly trying to educate Trump about the limits of presidential power. He even wrote a 10,000-word memo explaining the Constitution, presidential history, and why the president couldn't simply prosecute his enemies on a whim. There's no evidence that Trump ever read this memo.
The Final Days of the Mueller Investigation
McGahn's Departure
By the summer of 2018, McGahn and Trump were barely on speaking terms. Rumors circulated that McGahn was blocking a pardon for Paul Manafort, who had been convicted of fraud as a result of the Mueller investigation. McGahn believed these rumors were part of a disinformation campaign orchestrated by others in the White House, possibly Jared Kushner and Ivanka Trump, who were unhappy with his opposition to granting Kushner top-level security clearance.
Feeling increasingly isolated and unable to handle the pressure, McGahn decided to resign after seeing through the nomination of Brett Kavanaugh to the Supreme Court.
The Mueller Report
The Mueller investigation concluded shortly after McGahn's departure. The final report, however, did not provide the clear-cut answers many had hoped for. While Trump wasn't charged with obstruction of justice, he wasn't exonerated either.
Controversy Over the Report's Release
Despite Mueller's team having prepared executive summaries intended for public release, newly appointed Attorney General William Barr chose to write his own summary of the findings. This decision allowed the Justice Department, rather than Mueller, to frame the investigation's results for the public.
Aftermath
Several Trump associates and campaign members were charged with crimes as a result of the investigation, including George Papadopoulos, Paul Manafort, Roger Stone, and Michael Flynn. Trump would later use his presidential pardon power on some of these convictions, while the Barr-led Justice Department found ways to dismiss others.
Key Themes and Insights
The Politicization of Law Enforcement
One of the central themes of Schmidt's book is the increasing politicization of law enforcement agencies, particularly the FBI. Comey's attempts to remain apolitical often backfired, inadvertently influencing the 2016 election and putting him at odds with the Trump administration.
The Limits of Presidential Power
Throughout the book, we see Trump consistently pushing the boundaries of presidential authority. From demanding loyalty from the FBI director to attempting to influence ongoing investigations, Trump's actions repeatedly tested the limits of executive power and the system of checks and balances.
The Role of White House Counsel
McGahn's experience highlights the challenging position of the White House Counsel. While technically serving the office of the presidency rather than the president personally, McGahn often found himself caught between his legal obligations and the demands of a combative president.
The Impact of Russian Interference
The book underscores the significant impact of Russian interference in the 2016 election. From cyber attacks to potential collusion with campaign officials, the specter of Russian influence loomed large over Trump's presidency and shaped much of the political discourse during his term.
The Power of Presidential Pardons
Schmidt's account reveals how Trump weaponized the presidential pardon, using it not just as a tool of mercy but as a political instrument to reward loyalty and challenge the justice system.
The Importance of Institutional Norms
Many of the conflicts described in the book arise from Trump's willingness to break long-standing institutional norms. Whether it was firing the FBI director, publicly criticizing the Attorney General, or attempting to influence ongoing investigations, Trump's disregard for traditional boundaries repeatedly caused turmoil within his administration and beyond.
Conclusion
"Donald Trump v. The United States" provides a detailed and nuanced look at some of the most contentious events of the Trump presidency. Through the experiences of James Comey and Don McGahn, Schmidt illustrates the challenges faced by those tasked with upholding the law and advising the president in an administration that frequently tested the limits of executive power.
The book highlights the complex interplay between politics and law enforcement, the impact of foreign interference in US elections, and the importance of institutional norms in maintaining the balance of power in American democracy. It also underscores the significant role that individual decisions and actions can play in shaping historical events, as seen in Comey's handling of the Clinton email investigation and McGahn's cooperation with the Mueller probe.
Ultimately, Schmidt's account serves as a cautionary tale about the fragility of democratic institutions and the importance of checks and balances in the American system of government. It raises important questions about the extent of presidential power, the role of law enforcement in politics, and the challenges of maintaining an independent Justice Department in a highly polarized political environment.
As the United States continues to grapple with the aftermath of the Trump presidency and the ongoing debates about executive power and the rule of law, "Donald Trump v. The United States" provides valuable insights into the events and decisions that have shaped contemporary American politics. It serves as both a historical record and a warning about the potential consequences of pushing the boundaries of presidential authority too far.
The book leaves readers with much to ponder about the future of American democracy, the role of key institutions like the FBI and the Justice Department, and the delicate balance between presidential power and the rule of law. As the country moves forward, the lessons and insights from this tumultuous period will likely continue to influence political discourse and shape the evolution of America's democratic institutions for years to come.