Firing James Comey: Obstruction of Justice and Attack on FBI Independence

Overview

When James Comey was fired on May 9, 2017, he was the sitting director of the FBI overseeing two of the most politically sensitive investigations in American history: the inquiry into Russian interference in the 2016 election, and the investigation of potential coordination between the Trump campaign and Russian intelligence. His firing triggered a constitutional crisis and ultimately led to the appointment of Special Counsel Robert Mueller.

The official White House justification — that Comey was fired based on his mishandling of the Clinton email investigation — was almost immediately undermined by Trump himself.

Trump's Own Admissions

In an interview two days after the firing, Trump told NBC anchor Lester Holt that he had been going to fire Comey regardless of any recommendation, and that "this Russia thing with Trump and Russia is a made-up story" was on his mind. The admission was remarkable: Trump himself connected the firing directly to the Russia investigation.

The same week, Trump met with Russian Foreign Minister Sergei Lavrov and Ambassador Sergey Kislyak in the Oval Office — from which American press were excluded but Russian state media was admitted — and described Comey as a "nut job" whose firing had relieved "great pressure" from the Russia investigation.

The Flynn Conversation

The firing came three months after Comey documented a troubling meeting with Trump. On February 14, 2017 — the day after Michael Flynn resigned as National Security Advisor — Trump cleared the Oval Office of other officials, including Attorney General Sessions and senior White House staff, and told Comey he hoped the FBI could "let this go" regarding the Flynn investigation.

The memo Comey wrote immediately after that meeting became a central piece of evidence in the obstruction inquiry.

Mueller's Findings

Special Counsel Robert Mueller's report, released in April 2019, devoted its entire Volume II — 182 pages — to a detailed analysis of obstruction of justice. Mueller identified ten separate episodes of potential obstruction. The report explicitly declined to exonerate Trump, writing that if the investigation had found clear evidence that Trump had not obstructed justice, it would have said so.

Mueller's refusal to reach a conclusion on obstruction was not a vindication. It was based on the Office of Legal Counsel's opinion that a sitting president cannot be indicted — a policy constraint, not a factual determination.